1. Scope of Application
All orders placed via our online shop by consumers and entrepreneurs are subject to the following General Terms and Conditions (GTC).
A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor to his self-employed professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
These General Terms and Conditions shall also apply to future business relations with entrepreneurs without having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly agreed to this.
2. Contractual Partner, Conclusion of Contract, Prices
The contract of sale is agreed with Alldieweil - Schöne Dinge.
The presentation of the products in the online shop is not a legally binding offer, but a non-binding onlinecatalogue. You can initially place our products in thes hopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. By clicking the order button you place a binding order for the goods contained in the shopping basket. The confirmation of receipt of your order will be sent by e-mail immediately after sending the order.
The contract conclusion depends on the method of payment chosen:
Credit Card
When you place your order, you also provide your credit card details. Once you are authenticated as a legal cardholder, we will ask your credit card company to initiate the payment transaction and accept your offer.
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing your order in the shop, we ask PayPal to initiate the payment transaction and accept your offer.
Bank Transfer
After placing your order you will be redirected to the website of the online provider Sofort GmbH, where you confirm the payment order. This is how the contract with us comes into being.
Rates
The prices quoted include the statutory value-added tax. The prices are valid at the time of the order. We exclude any payment deductions, such as cash discounts.
3. Contractual Language, Contract Text Storage
The languages available for the conclusion of the contract is German and English.
We do not store the text of the contract.
4. Delivery Conditions
In addition to the indicated product prices, shipping costs will be added. You will find out more about the shipping costs at the end of the order process. We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself. We do not deliver to packing stations.
5. Payment
The following payment methods are available in our shop:
PayPal, PayPal Express
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You will receive further information during the ordering process. We do not charge any further fees for payment via PayPal, PayPal Express.
Bank-/immediate Bank Transfer
After placing your order you will be redirected to the website of the online provider Sofort GmbH. In order to pay the invoice amount immediately, you must have an online banking account with PIN/TAN procedure that has been activated for participation. Within the procedures, you must authenticate yourself accordingly and confirm the payment order to us. You will receive further information during the ordering process. The payment transaction will be executed immediately thereafter and your account will be debited. We donot charge any further fees for payment via Sofort-Überweisung.
Credit Card
When you place your order, you also provide us withyour credit card details.
Once you have been identified as a legal cardholder, we will immediately ask your credit card company to initiate the payment transaction. The payment transaction is carried out automatically by the credit card company and your card is debited.
6. Retention of Title
The goods remain our property until full payment has been received.
The following also applies to entrepreneurs: We reserve title to the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of a combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect the claims ourselves if you do not meet your payment obligations.
7. Transport Damage
For consumers:
If goods are delivered with obvious transport damage, please complain about such errors to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your statutory claims and their enforcement, in particular your warranty rights. However, they help us to assert our own claims against the carrier or transport insurance.
For entrepreneurs:
The risk of accidental loss and accidental deterioration shall pass to you as soon as we have delivered the goods to the forwarder, the carrier or any other person or institution designated to carry out the shipment. Among merchants, the duty to examine and give notice of defects regulated in § 377 HGB (German Commercial Code) applies. If you fail to make the notification stipulated there, the goods shall be deemed to have been approved, unless the defect was not identifiable during the inspection. This does not apply if we have fraudulently concealed a defect.
8.Warranty and Guarantees and Returns
Unless expressly agreed otherwise below, the statutory liability for defects law shall apply. For consumers, the limitation period for warranty claims for used goods is one year from delivery of the goods.
For entrepreneurs, the limitation period for warranty claims is one year from the passing of risk; the statutory limitation periods for the right of recourse according to § 478 BGB (German Civil Code) remain unaffected. Only our own information and the manufacturer's product descriptions, which have been included in the contract, shall be deemed to be an agreement with entrepreneurs regarding the quality of the goods; we accept no liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we shall initially provide a warranty to entrepreneurs at our discretion by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).
The above restrictions and reduction of time limits do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health
- in the event of intentional or grossly negligent breach of duty or fraudulent intent
- breach of essential contractual obligations, thef ulfilment of which is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed
- in so far as the scope of application of the Product Liability Act has been opened up.
Information on additional warranties and their exact conditions, if applicable, can be found with the product and on special information pages in the online shop. The same applies to limited warranties due to product conditions.
Returns
Please note that returns are only accepted with proper outer packaging and undamaged. Furthermore, we point out that only goods whose safety labels are undamaged and which have demonstrably not been worn are taken back. There is no obligation to take back bracelets, wristbands or other goods whose safety label has been removed or which show severe damage or signs of use. Packaging, return costs and the administrative work involved in the case of such a return of used goods shall be invoiced to the customer. The minimum administrative effort amounts to a lump sum of € 36,--. Costs for packaging and postage will be calculated individually.
9. Liability
For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation
- in the event of injury to life, limb or health,
- in case of intentional or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- in so far as the scope of application of the Product Liability Act has been opened up.
In the event of breach of essential contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on whose compliance the contractual partner may regularly rely, (cardinal obligations) due to slight negligence by us,our legal representatives or vicarious agents, the liability is limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. In all other respects, claims for damages are excluded.
10. Settlement of Disputes
The European Commission is providing an onlinedispute resolution (OS) platform, which can be found at https://ec.europa.eu/consumers/odr/.
We are prepared to participate in an out-of-court conciliation procedure before a consumer conciliationbody.
11. Electronical Communication
You agree that the contract-related communication may take place in electronic form.
12. Image Rights
All image rights are owned by Alldieweil - Schöne Dinge or its partners and photographers. Use without express permission is not permitted.
13. Miscellaneous
Because our products are not mass-produced, slight deviations from the online images and data may occur. Colour deviations also result in particular from colour settings and individual calibration of your end device, such as smartphone, tablet, handheld or personal computer.
We also process materials such as semi-preciousstones, quartz, metals and others, which may vary insize, colour, weight and other properties in their respective product properties due to their manufacture. Within our website you will also find the section "Materials", to which we expressly refer.
For some products we refer in particular to individualcare instructions, which can be found in the navigationunder the menu item 'Care".
14. Final clauses
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our place of business.
The cancellation policy for consumers can be found at: https://www.alldieweil.com/en/service/disclaimer/
You will find our imprint here:
https://www.alldieweil.com/en/service/about/
Status of data: October 31, 2022
Our General Terms and Conditions were created within cooperation of Wilde Beuger Solmecke Rechtsanwälte (Lawyers)
