General Terms and Conditions of STEFAN WIESSMEYER – jewelry
Stefan Wiessmeyer
Pentenrieder Straße 4
82152 Krailling
Germany
Telephone: 49 / (0)89 / 85 66 22 10
e-mail: info@highcollection.de
Internet: www.highcollection.de
VAT ID No.: DE 158 954 585
o § 1 General, Scope
o § 2 Conclusion of contract, formation of the contract
o § 3 Right of withdrawal, cancellation policy
o § 4 Prices, Payment
o § 5 Delivery, delivery time, shipping costs
o § 6 Transport damage
o § 7 Retention of title
o § 8 Warranty
o § 9 Limitation of Liability
o § 10 Disclaimer for external links
o § 11 Data Protection
o § 12 Choice of law
o § 13 Gift vouchers
o § 14 Severability Clause
§ 1 General, Scope
The following General Terms and Conditions (GTC) govern the contractual relationship between Stefan Wiessmeyer and the customer (hereinafter referred to as the "buyer") who uses Stefan Wiessmeyer's website. The GTC valid at the time of contract conclusion apply. Stefan Wiessmeyer does not recognize any other terms and conditions and hereby expressly rejects them. Any other terms and conditions that apply must be in writing.
§ 2 Conclusion of contract, formation of the contract
Stefan Wiessmeyer's online offers represent a non-binding offer to the buyer. All offers are subject to change.
By ordering the desired item online, the buyer makes a binding offer to conclude a purchase contract. After placing the order, the buyer will receive an order confirmation from Stefan Wiessmeyer via email confirming receipt of the order. Stefan Wiessmeyer reserves the right to refrain from delivering the offered goods in the event of unavailability and will inform the buyer immediately in this case. The contract is concluded when Stefan Wiessmeyer ships the ordered goods to the customer and confirms shipment with a further email.
Invoicing takes place at the time of delivery of the goods.
§ 3 Right of withdrawal, cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period shall be fourteen days from the day on which you or a third party other than the carrier designated by you takes possession of the goods.
To exercise your right of withdrawal, you must inform us (Stefan Wiessmeyer, Pentenrieder Straße 4, D-82152 Krailling, Tel.: 49 89 85662210, Email: info@highcollection.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period.
Consequences of revocation
If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.
§ 4 Prices, Payment
The prices on Stefan Wiessmeyer's website are final prices, including statutory VAT. However, these prices do not include delivery and shipping costs. Consumers from countries outside the European Union may also be subject to customs duties and taxes levied by the destination country.
Payment for goods can be made by advance bank transfer, cash on delivery, invoice, PayPal, or credit card. Cash on delivery is only possible within Germany. Stefan Wiessmeyer reserves the right to accept or exclude certain payment methods on a case-by-case basis. For advance bank transfers, the customer will receive Stefan Wiessmeyer's account details in writing (email or letter). The ordered goods will be shipped upon receipt of payment.
If cash on delivery is requested, payment is due upon handover of the shipment to the shipping company's delivery agent. The invoice amount includes the costs for cash on delivery. Deutsche Post (DHL) also charges a local transmission fee of €2.
§ 5 Delivery, delivery time, shipping costs
Delivery is made by shipping the purchased item to the address provided by the buyer. Deliveries are usually made within one week.
For custom-made products, Stefan Wiessmeyer will inform the customer of the delivery times individually.
Of course, Stefan Wiessmeyer delivers all orders in the run-up to Christmas so that they arrive in time for Christmas.
If delivery by advance bank transfer has been agreed, delivery will take place immediately upon receipt of payment, unless otherwise agreed in writing. The customer acknowledges that when paying by advance bank transfer, the bank's processing time must be taken into account. Should delivery not be possible on time, Stefan Wiessmeyer will inform the customer immediately. The stated delivery times are non-binding, as Stefan Wiessmeyer has no influence on the delivery time of the shipping company.
The cost for shipping the purchased item within Germany is EUR 5.90 and is to be borne by the buyer. Shipping costs for countries outside Germany within the European Union, Switzerland, and Liechtenstein are calculated and listed separately. In these cases, additional charges may apply due to customs and import regulations. For deliveries to countries outside of Europe, separate shipping costs will be communicated. If the buyer requests a special shipping method (express), which incurs higher costs, the buyer must also bear these additional costs.
Stefan Wiessmeyer is entitled to make partial deliveries. Stefan Wiessmeyer will bear the costs for these deliveries.
§ 6 Transport damage
If deliveries are made with visible damage to the packaging or contents, the customer must immediately report this damage to the shipping company and contact Stefan Wiessmeyer immediately so that he can assert any rights against the shipping company.
§ 7 Retention of title
The purchased item remains the property of Stefan Wiessmeyer until full payment has been made.
§ 8 Warranty
1. Stefan Wiessmeyer warrants that the purchased item is free of defects upon delivery. Stefan Wiessmeyer offers jewelry made by hand. If a material defect becomes apparent within six months of delivery of the purchased item, it is presumed that the item was already defective upon delivery, unless this presumption is incompatible with the nature of the purchased item or the defect. If the material defect only becomes apparent after six months, the buyer must prove that the material defect already existed upon delivery of the purchased item.
2. The product images may differ slightly from the appearance of the delivered goods, particularly in terms of color and structure. Claims for defects are not valid if the changes are reasonable for the customer. In the case of images on the Internet, the color representation of the products may differ from the actual color due to the type and quality of the customer's technical equipment; however, this does not constitute a warranty obligation.
3. If the purchased item is defective upon delivery, the buyer has the choice of whether subsequent performance should be carried out by repair or replacement. Stefan Wiessmeyer is entitled to refuse the selected type of subsequent performance if it would only be possible at disproportionate costs and the other type of subsequent performance would not result in significant disadvantages for the buyer.
4. If subsequent performance fails, the buyer may, at his discretion, demand a reduction of the purchase price (abatement) or cancellation of the contract (rescission), as well as compensation for damages. In the case of only minor defects, the buyer is not entitled to a right of withdrawal.
5. If Stefan Wiessmeyer delivers a defect-free item for the purpose of subsequent performance, Stefan Wiessmeyer may demand return of the defective item from the buyer.
6. The warranty period is two years and begins upon delivery of the goods to the buyer. Even through normal use, jewelry may exhibit signs of wear in the form of scratches, discoloration, or abrasions. However, these do not constitute a defect and are not covered by the warranty. Damage resulting from natural wear and tear, improper use, and inadequate or incorrect care or storage are also excluded from the warranty. Damage caused by improper or contractually non-compliant handling or storage by the buyer does not constitute a claim against Stefan Wiessmeyer.
§ 9 Limitation of Liability
1. Stefan Wiessmeyer shall only be liable for damages other than those resulting from injury to life, limb, or health if these damages are based on intentional or grossly negligent conduct or on the culpable breach of a material contractual obligation by Stefan Wiessmeyer or his vicarious agents. A material contractual obligation is one whose fulfillment is essential for the proper execution of the contract and on whose compliance the buyer can regularly rely. Any further liability for damages is excluded. Claims arising from a guarantee given by Stefan Wiessmeyer for the quality of the purchased item and the Product Liability Act remain unaffected.
2. Given the current state of technology, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. We therefore assume no liability for the constant availability of our online shop.
§ 10 Disclaimer for external links
The external links on Stefan Wiessmeyer's website refer to other websites. Stefan Wiessmeyer has reviewed the content of these pages for obvious inaccuracies and errors prior to their inclusion, but has no influence on changes to the content. The respective operators (authors) are solely responsible and liable for the content of these externally linked websites. Any indications of legal violations will be removed immediately.
§ 11 Data Protection
Your personal data (name, address, contact details, payment and order details) will be transmitted via a secure connection (SSL encryption) during your order process. All data will be stored and processed by us in compliance with legal regulations.
We use your personal data exclusively to process your orders and to contact you. We only share your customer information with our service partners, such as credit card companies and shipping companies, to the extent necessary to process payment and ship your order.
By placing your order you expressly agree to this procedure.
We guarantee that we will not otherwise pass on your data to third parties.
You have the right to free information, correction and deletion of your stored data at any time.
If you have subscribed to our newsletter, you can also update the information you have entered there or unsubscribe from the newsletter at any time.
Please contact us by email, letter or telephone if you have changes to your data and are unable to make them yourself in the system.
Cookies (small files that store order information) are used to ensure the full functionality of the shop system. If your browser is set to not accept cookies, please adjust your settings accordingly. After completing your order, you can reset your browser settings and delete the cookie set for the order.
§ 12 Choice of law
The legal relationship between the parties shall be governed by German law – excluding the conflict of law provisions of private international law – and excluding the UN Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980. However, the United Nations Convention on Contracts for the International Sale of Goods (CISG) of April 11, 1980, shall not apply. For customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), the place of jurisdiction shall be Starnberg.
§ 13 Gift vouchers
Cash payments for online gift vouchers are not possible, even in part.
§ 14 Severability Clause
Should any provision of these Terms and Conditions be or become invalid or unenforceable, the remaining provisions of these Terms and Conditions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid or enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that these Terms and Conditions prove to be incomplete. Section 139 of the German Civil Code (BGB) shall not apply.