Conditions
1. Scope
1.1 These general terms and conditions (hereinafter “GTC”) of “Palwascha Hamid”, trading as “Sucre Fine Jewelry” (hereinafter “Seller”), apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) has with the seller regarding of the goods presented by the seller in his online shop. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These General Terms and Conditions apply accordingly to the purchase of vouchers, unless otherwise expressly stipulated.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.
1.4 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Conclusion of contract
2.1 The product representations contained in the seller's online shop do not represent binding offers on the part of the seller but are used to make a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking on the button that completes the ordering process. The customer can also submit the offer to the seller by telephone, fax, email or post.
2.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select the payment method “PayPal Express”, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms and conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, the seller declares deviating from Section 2.3. The customer's offer is already accepted at the time when the customer initiates the payment process by clicking on the button that completes the ordering process.
2.5 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after sending his order along with these general terms and conditions. In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via his password-protected customer account by providing the relevant login details, provided that the customer has created a customer account in the seller's online shop before sending his order.
2.6 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can continuously correct his entries using the usual keyboard and mouse functions before the order is bindingly submitted as part of the electronic ordering process. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for concluding the contract.
2.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3. Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 If we grant an additional right of return in our offers in addition to the right of withdrawal provided for by law, this occurs under the following conditions:
For all orders placed within the specified promotional period, you have the contractual opportunity to return the purchased goods in accordance with the following conditions. In the offer we will give you the period in which you can do this or a date by which the return is still possible. In addition, and independently of the contractual right of return, you always have the statutory right of withdrawal with its own start date and a period of 14 days for declaring the withdrawal.
The period for the right of return refers to the individual goods and always begins when you or a third party named by you who is not the carrier takes possession of the respective goods. If the offer does not specify a time but a return period, you can exercise the contractual right of return within the period (example: “14 day right of return”. You have a total of 14 days to return the goods.)
You exercise your contractual right of return by sending the goods back to us free of charge within the specified period or deadline. Sending it on time is sufficient.
After receipt of the goods, we will refund you the purchase price and shipping costs. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. In this respect, the regulations on the statutory right of withdrawal apply accordingly.
Your statutory right of withdrawal (see Section 4 of the General Terms and Conditions) is not restricted by such an extended right of return and of course remains unrestricted.
In individual cases, the statutory right of withdrawal may even extend beyond the time stated in the offer.
4. Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for transferring money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 Various payment options are available to the customer, which are specified in the seller's online shop.
4.4 If you select the payment method “PayPal”, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, which can be viewed at https:/ /www.paypal.com/de/webapps/mpp/ua/useragreement-full. This requires, among other things, that the customer has opened a PayPal account or already has such an account.
5. Delivery and shipping conditions
5.1 Goods are regularly delivered by shipping and to the delivery address specified by the customer. When processing the transaction, the delivery address specified in the seller's checkout process is decisive. Deviating from this, if you select the PayPal payment method, the delivery address provided by the customer with PayPal at the time of payment is decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance .
5.3 Self-collection is not possible for logistical reasons.
5.4 Vouchers will be sent to the customer by post.
6. Retention of title
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
7. Liability for defects, complaint management
7.1. If the purchased item is defective, the provisions of statutory liability for defects apply.
7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.
7.3 We value your customer satisfaction. If you have any service requests or complaints, please contact our customer service using the contact details mentioned above. We will endeavor to examine your concerns as quickly as possible and will contact you once we have received the documents or your input or complaint.
8. Redemption of gift vouchers
8.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can be redeemed in the online shop and/or in one of the seller's branches.
8.2 Gift vouchers and remaining balance of gift vouchers can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer's voucher account until the expiry date. Remaining amounts of vouchers that are redeemed in one of the branches can no longer be used in the online shop but can only be used in one of the branches.
8.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent billing is not possible.
8.4 Only one gift voucher can be redeemed per order.
8.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
8.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
8.7 The balance of a gift voucher will neither be paid out in cash nor interest.
8.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
9. Applicable law, place of jurisdiction
9.1 The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with us. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their adoption into German law, do not apply. This choice of law means that the customer with his habitual residence in one of the EU or Switzerland states is not deprived of the protection granted by mandatory provisions of the law of that state.
9.2 In business transactions with merchants and with legal entities under public law, our place of business is agreed as the place of jurisdiction for all legal disputes regarding these terms and conditions and individual contracts concluded under them, including actions on bills of exchange and checks. In this case, we are also entitled to sue at any other legal place of jurisdiction. Any exclusive place of jurisdiction remains unaffected by the above regulation.
10. Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.