Terms and Conditions Superior Bracelets
§ 1. General
(1) These terms and conditions apply to all contracts, deliveries and other services of JaMiLu UG (limited liability), Im Zeesen 17a, 21220 Seevetal (hereinafter: seller), regarding the online shop www.superiorbracelets.de and all sub-domains belonging to the domain. Deviating customer regulations do not apply unless the seller has confirmed this in writing. Individual agreements between the seller and the customer always have priority.g.
(2) The business relationships between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN purchasing law is excluded.
(3) The contract language is German.
(4) The place of jurisdiction is Seevetal if the customer is a merchant or a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the domicile or habitual abode is not known at the time the action is filed.
(5) We deliver to the following countries: Within the EU.
(6) Customers have the option of using alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online purchase contracts: ec.europa.eu/consumers/odr.
§ 2 Contents of the contract and conclusion of the contract
(1) The seller offers customers jewelry and accessories for sale in the online shop www.superiorbracelets.de.
(2) When shopping in the online shop, a purchase contract is concluded when the seller accepts the customer's order. Price labels in the online shop do not represent an offer in the legal sense. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(3) The contract text is saved. However, it is not accessible to the customer.
§ 3 Pricing, Shipping Costs, Sales Tax and Payment
(1) For orders via the online shop, the prices stated there apply. The seller makes use of the small business regulation according to 19 UStG and therefore does not show any sales tax. All prices are final prices..
(2) The prices include shipping costs. For orders outside of the online shop (see 2 paragraph 3), the prices stated in the seller's offer apply, also including shipping costs..
(3) The delivery of the customer by the seller takes place according to the customer's request against the following payment methods: Prepayment (by bank transfer, PayPal, credit card payment), .
(4) If a customer defaults on his payment obligations, the seller can demand compensation in accordance with the statutory provisions and/or withdraw from the contract.
(5) The seller always issues an invoice to the customer, which is handed over to him upon delivery of the goods or otherwise received in text form.
§ 4 Delivery and Passing of Risk
(1) Unless otherwise contractually agreed, the ordered goods will be delivered to the address specified by the customer. The delivery takes place directly from the manufacturer.
(2) The availability of the individual goods is indicated in the item descriptions. Unless expressly agreed otherwise, the seller will ship goods that are in stock within 14 working days after the payment has been instructed (in the case of advance payment by bank transfer: within 14 working days after receipt of payment). If the goods are marked as not in stock when selling via the online shop, the seller will endeavor to deliver as quickly as possible. The seller's information on the delivery period is non-binding, unless the seller has expressly promised the delivery date in a binding manner.
(3) The seller reserves the right to make a partial delivery if this appears advantageous for speedy processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs arising from partial deliveries will not be charged to the customer.
(4) The seller reserves the right to release himself from the obligation to fulfill the contract if the goods are to be delivered by a supplier on the day of delivery and the delivery is omitted in whole or in part. This reservation of self-delivery only applies if the seller is not responsible for the non-delivery. The seller is not responsible for the non-performance if a so-called congruent hedging transaction to fulfill the contractual obligations was concluded in good time with the supplier. If the goods are not delivered, the seller will immediately inform the customer of this fact and refund any purchase price already paid and shipping costs.
The risk of accidental loss and accidental deterioration of the goods is transferred to the customer upon handover. If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay is already transferred to the forwarding agent, carrier or other person responsible for carrying out the shipment when the goods are delivered.
§ 5 Retention of Title
The delivered goods remain the property of the seller until all claims arising from the contract have been fulfilled; in the event that the customer is a legal entity under public law, a special fund under public law or an entrepreneur in the exercise of his commercial or self-employed professional activity, also beyond that from the ongoing business relationship until settlement of all claims that the seller has in connection with entitled to the contract.
§ 6 Right of retention
The customer is only authorized to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship.
§ 7 Liability for Material and Legal Defects
(1) If there are defects, the customer is entitled to the statutory warranty rights in accordance with the following provisions.
(2) Damage caused by improper actions by the customer during installation, connection, operation or storage of the goods do not justify a warranty claim against the seller.
The customer can find information on proper handling in the manufacturer's descriptions.
(3) The customer must notify the seller of defects within a warranty period of two years for new items or one year for used items.
The above limitations of liability do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods. The above limitations of liability also do not apply to claims for damages by the customer, which are aimed at compensation for physical injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or his vicarious agents.
The above abbreviations do not apply to defects in a building or an item that has been used for a building in accordance with its normal use and has caused its defectiveness. The above abbreviations also do not apply if the seller has fraudulently concealed a defect or has assumed a guarantee for the quality of the goods, and not for claims for damages by the customer, which are aimed at compensation for bodily injury or damage to health due to a defect for which the seller is responsible or which are based on intentional or grossly negligent fault on the part of the seller or his vicarious agents.
(4) If there are defects and if these were asserted in good time, the seller is entitled to supplementary performance. If the supplementary performance fails, the customer is entitled to reduce the purchase price or to withdraw from the contract. Otherwise, the statutory provisions apply.
§ 8 Information requirements in the event of transport damage
If goods are delivered with obvious damage to the packaging or the contents, the customer should immediately complain to the carrier/freight service without prejudice to his warranty rights ( 7) and contact the seller immediately by email or other means (fax/post). record so that he can protect any rights against the freight forwarder/freight service..
§ 9 Disclaimer
(1) Apart from liability for defects in quality and title, the seller is liable without limitation if the cause of the damage is based on intent or gross negligence. He is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose observance the customer regularly relies) , but only for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned above.
(2) The limitations of liability in the preceding paragraph do not apply in the case of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the seller's liability is excluded or limited, this also applies to the personal liability of his employees, representatives and vicarious agents.