Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to the contracts, which you conclude with us as a supplier (Fine Gems Collection GmbH) via the website www.finegems-collection.de, unless an amendment has been agreed in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) We only offer our products for sale if you are a natural or legal person or a partnership with legal capacity who, when concluding the legal transaction, is exercising their commercial or independent professional activity (entrepreneur). A contract with consumers is excluded.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. The main features of the goods can be found in the respective offer.
(2) As soon as the respective product is placed on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the respective offer.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After clicking the "Checkout" or "Continue to order" button (or similar designation) and entering your personal data as well as the payment and shipping conditions, the order data will then be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as the payment method, you will either be taken to the order overview page in our online shop or to the website of the provider of the instant payment system forwarded. If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected to our online shop.
Before sending the order, you have the option of checking the details in the order overview again, changing them (also using the "back" function of the Internet browser) or canceling the order. By sending the order via the corresponding button, you declare your acceptance of the offer in a legally binding manner, whereby the contract is concluded.
(4) You can also submit a binding contract offer (order) by telephone, e-mail, fax or post.
The acceptance of the offer (and thus the conclusion of the contract) takes place immediately when ordering by telephone or at the latest within 5 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation).
If you have not received a corresponding message within this period, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(5) On request, we will create an individual offer for you, which will be sent to you in text form and to which we will be bound for 5 days (unless a different period is stated in the respective offer). You accept the offer with confirmation in text form.
(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Prices, terms of payment and shipping costs
(1) The prices listed in the respective offers and the shipping costs are net prices. They do not include the statutory value added tax.
(2) The shipping costs incurred are not included in the purchase price, they will be calculated separately unless free delivery has been promised. Further details can be found under a correspondingly designated button on our website or in the respective offer.
(3) If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear.
(4) Costs incurred for the money transfer (bank transfer or exchange rate fees) are to be borne by you in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
(5) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. If no other payment period is specified for the individual payment methods or on the invoice, the payment claims from the concluded contract are due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or in the invoice.
§ 4 Terms of Delivery
(1) The estimated delivery time is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing. When paying in advance by bank transfer, the goods will only be shipped after we have received the full purchase price and shipping costs.
(2) If, contrary to expectations, a product you have ordered is not available despite the timely conclusion of an adequate hedging transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded immediately.
(3) The dispatch takes place at your own risk. If you wish, the shipment will be made with appropriate transport insurance, whereby you will have to bear the costs incurred as a result.
(4) Partial deliveries are permitted and can be invoiced by us independently, provided that you are not charged additional shipping costs as a result.
§ 5 Warranty
(1) The warranty period is one year from delivery of the goods. The shortened deadline does not apply:
- culpably caused damage attributable to us resulting from injury to life, limb or health and other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the condition of the item;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory rights of recourse that you have against us in connection with warranty rights.
(2) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the item, but not other advertising, public promotions and statements by the manufacturer.
(3) In the event of defects, we shall provide a warranty, at our discretion, by rectification or subsequent delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
(3) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
(4) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in relation to the invoice value of the reserved goods to the other processed items at the time of processing.
(5) We undertake to release the securities to which you are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 7 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies to the exclusion of the UN Sales Convention.
(2) The place of performance and jurisdiction is our registered office if you are a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU.
II. Customer Information
1. Identity of Provider
Fine Gems Collection GmbH
ring street 2 B
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself, as well as the correction options, are carried out in accordance with § 2 of our General Terms and Conditions (Part I).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order or the request, the contract data can be printed out or saved electronically using the print function of the browser.
These terms and conditions and customer information were created by the Händlerbund's lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service. (https://www.haendlerbund.de/de/dienstleistungen/rechtssicherheit/agb-service)
last update: 01.01.2022