General Terms and Conditions

General terms and conditions

Scope of application
Commencement of the contract
Cancellation policy
Data processing
Pricing and payment terms
Delivery and Shipping Terms
Conditional ownership
Warranty
Copyright
Applicable law
Alternative dispute resolution
Salvatory clause

1. Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Mr Reinhard Ladhoff, trading as "Shalom Schmuckdesign" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller with regard to the goods presented by the Seller in his online shop. The Customer's own terms and conditions are contradicted unless otherwise agreed.

1.2 Consumer according to § 13 BGB (German Civil Code) within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur in accordance with § 14 of the German Civil Code (BGB) 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 his or her commercial or self-employed professional activity.

2. Formation of the contract

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller. They serve the purpose of the submission of a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. In doing so, the Customer, after having placed the selected goods of the Seller in the shopping cart, submits a legally binding contractual offer regarding the goods specified in the shopping cart by clicking the button concluding the ordering process.

2.3 The Customer may submit the offer via the online order form integrated in the Seller's online shop.

2.3 The Seller may accept the Customer's offer within seven days,

- if he sends the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- if he delivers the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
- if he requests payment from the customer after the customer has placed his order

If several of the aforementioned alternatives exist, the contract shall be concluded at the time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer. It ends with the expiry of the seventh day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer. The customer is then no longer bound by his offer.

2.4 When an offer is made via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this.

If the customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.

2.5 Only the German language is available for the conclusion of the contract.

2.6 The purchase contract processing and other communication shall take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct and is also maintained by him so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. The Customer shall notify the Seller immediately of any changes to the e-mail address.

3. Cancellation policy

Consumers are generally entitled to a right of withdrawal

Right of withdrawal

The consumer has the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which the consumer or a third party other than the carrier and designated by the consumer has taken possession of the goods. To exercise the right of withdrawal, the consumer must inform the seller of his decision to withdraw from this contract by means of a clear statement (e.g. a letter or e-mail sent by post). In order to comply with the withdrawal period, it is sufficient that the consumer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of withdrawal

If the consumer effectively withdraws from this contract, the seller shall repay the consumer all payments received from the consumer, including delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by the seller), without undue delay and at the latest within fourteen days from the day on which the notification of withdrawal from this contract is received by the seller. The same means of payment used by the consumer in the original transaction shall be used for this repayment. The seller may refuse repayment until he has received the goods back or until the consumer has provided proof that he has returned the goods, whichever is the earlier.

The consumer must return the goods to the seller or hand them over to the transport service provider without undue delay and in any event no later than fourteen days from the day on which the consumer notified the seller of the cancellation of this contract. The time limit is met if the consumer sends the goods before the end of the fourteen-day period.

The seller shall bear the costs of returning the goods.

The consumer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics and functioning of the goods.

If the consumer wishes to revoke the contract, he can use this form and send it to the seller at Mail: reinhard-ladhoff@triangel-schmuck.de.

I/we* hereby cancel the contract concluded by me/us* for:

The purchase of the following goods:
Ordered on*/received on*:
Name of the consumer(s):
Address of the consumer(s):
Signature of consumer(s) only if notice is on paper:
Date

...................................................
*Please delete where inapplicable

A right of withdrawal does not exist according to § 312g para. 2 BGB, inter alia, for contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer and it expires prematurely for contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery.

4. Data processing

The Seller shall be entitled to process or have processed all data relating to the business relationship with the Customer by computer, insofar as this is necessary for business purposes within the meaning of the Federal Data Protection Act (§ 26 BDSG)

The consumer has a right of revocation to delete the data.

If the personal data are processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, the consumer has the right to object to the processing of his personal data pursuant to Art. 21 DSGVO, insofar as there are grounds for doing so arising from his particular situation.

If the consumer wishes to exercise his right to object and have the data deleted, it is sufficient to send an e-mail to

reinhard-ladhoff@triangel-schmuck.de

5. Terms of price and payment

5.1 Unless otherwise stated in the Seller's product description, the prices quoted are in each case total prices which include statutory VAT at the rate applicable at the time of conclusion of the contract in accordance with 2.3 of these GTC. Any additional delivery and shipping costs will be indicated separately in the respective product description.

5.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

5.3 Payment options

The payment option will be communicated to the customer in the seller's online shop.

If prepayment by bank transfer is agreed, payment is due to the seller immediately after conclusion of the contract.

If the payment method "PayPal invoice" is selected, the seller assigns his payment claim to PayPal. Before accepting the Seller's declaration of assignment, PayPal shall carry out a creditworthiness check using the transmitted customer data. The Seller reserves the right to refuse the customer the payment method "PayPal invoice" in the event of a negative check result. If the payment method "PayPal invoice" is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless he is given a different payment deadline by PayPal. In this case, he can only make payment to PayPal with debt-discharging effect. However, the Seller shall remain responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of assignment of the claim. The General Terms and Conditions of Use for the Use of PayPal's Purchase on Account, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms, shall apply in addition.

5.4 The purchase price payment is due in full upon delivery. The Buyer shall be in default without further notice from the Seller 5 days after delivery to the extent that he has not paid. In the event of the existence of defects, the Buyer shall not be entitled to a right of retention insofar as the retention is not in reasonable proportion to the defects and the anticipated costs of subsequent performance (in particular a remedy of defects).

6. Terms of delivery and shipment

6.1 Delivery of the Seller's goods shall be made by dispatch to the delivery address specified by the Customer.

6.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provision on this in the Seller's instructions on withdrawal shall apply to the costs of returning the goods.

6.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. In deviation from this, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.

6.4.

6.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be refunded without delay.

6.5 In the event of self-collection, the Seller shall first inform the Customer by e-mail that the goods ordered by him are ready for collection. After receipt of this e-mail, the Customer may collect the goods from the Seller's registered office by arrangement with the Seller. In this case, no shipping costs will be charged.

7. Retention of title

7.1 In relation to consumers, the Seller retains title to the goods delivered until the purchase price owed has been paid in full.

7.2 With respect to entrepreneurs, the Seller retains title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.

7.3 If the customer is acting as an entrepreneur, he shall be entitled to resell the reserved goods in the ordinary course of business. The consumer shall assign all claims against third parties arising therefrom to the Seller in advance in the amount of the respective invoice value (including VAT). This assignment shall apply irrespective of whether the reserved goods have been resold without or after processing. The consumer shall remain authorised to collect the claims even after the assignment. The seller's authority to collect the claims himself shall remain unaffected. However, the seller will not collect the claims as long as the consumer meets his payment obligations to the seller, is not in default of payment and no application for the opening of insolvency proceedings has been filed.

8. Warranty

8.1 The pictorial representations of the goods are exemplary. Individual minor optical deviations due to the manufacturing process do not constitute a defect.

If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

8.2 Notwithstanding the foregoing, the following shall apply to entrepreneurs as customers:

The Seller has the choice of the type of subsequent performance. In the case of new goods, the limitation period for defects is one year from delivery of the goods; in the case of used goods, the rights and claims due to defects are excluded; the limitation period does not start again if a replacement delivery is made within the scope of the liability for defects.

In addition, the Seller has the choice of subsequent performance.

In addition, for entrepreneurs, the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected. If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.

8.2 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

8.4 The Seller shall be liable to the consumer under all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

The Seller shall be liable without limitation for any legal reason

- in case of intent or gross negligence,
- in the event of intentional or negligent injury to life, limb or health,
- on the basis of a guarantee promise, insofar as nothing else is regulated in this regard,
- on the basis of mandatory liability such as under the Product Liability Act.

If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on. In all other respects, liability on the part of the Seller is excluded.

The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

9. Copyright protection

The Seller's designs, samples, models and the like shall be deemed to be the Seller's intellectual property and may not be imitated, sold for imitation or used in any other way for imitation by the consumer, even if no special property rights exist in this respect. Any infringement of this shall render the consumer liable for damages in full.

10. Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

11. Alternative Dispute Resolution

The EU Commission provides a platform for online dispute resolution on the internet at https://ec.europa.eu/consumers/odr. This platform serves for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is prepared to do so.

12. Severability clause

If one or more of these GTC should be invalid, this shall not entail the invalidity of the remaining contractual agreements and the contract. The invalid provision shall be replaced by the statutory provision.