Conditions
1. Scope
1.1 These General Terms and Conditions of Sale (hereinafter "GTC") apply to everything between a customer (hereinafter "you") and us, Eywa Jewelry, Emely Borosdy, Staufenstraße 8, 73575 Leinzell (hereinafter "Eywa Jewelry", "us" or "we" ) contracts concluded via our online shop at www.eywajewelry.com (hereinafter "online shop"). Conflicting or deviating terms and conditions of the customer do not apply, all terms and conditions of the customer are hereby contradicted.
1.2 Our product offers in the online shop are only aimed at consumers. For the purposes of these General Terms and Conditions, a consumer is any natural person who concludes the contract for a purpose that can be attributed neither to their commercial nor their self-employed professional activity (§ 13 BGB), but their private life.
2. Formation of a Contract
2.1 The offers in our online shop are non-binding and are only intended to provide you with information about our products before you place your order with us. You can select products from the range of our online shop and then place them in your shopping cart without obligation using the "Add to shopping cart" button.
2.2 It can happen that individual products that are listed in our online shop are not available at certain times. Along with other information about the product, we will also inform you about its availability in the online shop. If the product you have selected is not currently available, you will not be able to add it to your shopping cart unless the product is available for pre-order.
2.3 All products shown in our online shop are only sold in normal household quantities.
2.4 You can view your shopping cart at any time by clicking the "Show shopping cart" button and, if necessary, remove products from the shopping cart by clicking the "Remove" button or correct the number of items you have selected by entering them in the "Quantity" field. If you want to buy the products in the shopping cart, you must click on the "Checkout" button. By clicking the "Buy now" button in our online shop, you submit an offer to conclude a purchase contract for the goods in your shopping cart. In order to be able to submit your offer and to be able to click "Buy now", you must first tick the fields "By placing your order, you agree to our general terms and conditions, cancellation policy and data protection policy." and for digital products "For digital products: I expressly agree that the execution of the contract will begin before the end of the cancellation period. I am aware that my right of cancellation expires once execution begins." click.
2.5 After receiving your order, we will send you an email confirming receipt of your order (hereinafter "order confirmation"), in which your order is summarized as such and the terms and conditions are attached. You can save and print out the order confirmation.
2.6 The entire content of the contract, ie your order, our order confirmation and these terms and conditions, is summarized in the order confirmation and sent to you via email. The content of the contract is stored by us in compliance with the applicable data protection law.
2.7 You must ensure that the email address you provide is correct so that you can securely receive our order confirmation. In particular, when using SPAM filters, you must ensure that all emails sent by us can be delivered properly.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the text of the contract and send you the order data and our terms and conditions by email.
4. Prices and shipping costs
4.1 The prices stated in our online shop do not include shipping costs.
4.2 The shipping costs are clearly stated again in the shopping cart system and on the order page and are divided into the following shipping classes:
countries and costs
Germany: €0.00
EU: €5.90
International: 15.90
Free Shipping
Free shipping throughout Germany.
There are no shipping costs for digital content (gift vouchers, etc.).
If the order is delivered to a branch or packing station when the customer is not there and they are not picked up within the collection period, a flat rate of €5.00 will be charged for the return.
4.3 You will be informed of the final price in the checkout area of our online shop before you decide to place an order.
4.4 If our delivery cannot be delivered, for example because you have given the delivery address incorrectly or incompletely or the recipient cannot be reached at the time of delivery, a new delivery attempt will only be made if you assume the costs for the new shipment. The renewed shipping costs correspond to the shipping costs agreed upon conclusion of the contract. We will email you the cost of re-shipping. However, we will only send the goods again after we have received payment for these shipping costs.
5. Payment Methods
The following payment methods are generally available in our shop:
PayPal
If you have chosen PayPal as the payment method, you must be registered there in order to be able to pay the invoice amount, or you must first register and authenticate yourself with your access data. The payment transaction is carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further information during the ordering process.
Credit card
If you have chosen the credit card payment method, you do not have to be registered with PayPal in order to be able to pay the invoice amount. The payment transaction will be carried out by your credit card company at the request of PayPal immediately after the payment order has been confirmed and after your legitimation as the legitimate cardholder and your card will be debited. You will receive further information during the ordering process.
Klarna
In connection with Klarna AB (publ), Sveavägen 46, 11134 Stockholm, Sweden, we offer the following payment options. Payment is made to Klarna in each case.
Installment purchase: With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least €6.95) or under the conditions otherwise specified in the checkout. For more information on installment purchase including terms and conditions and standard European consumer credit information clickhere .
Invoice: When purchasing on account with Klarna, you always get the goods first and you always have a payment period of 14 days. You can find the billing conditionshere .
You can find more information and Klarna's terms of use here . You can find general information about Klarna here . Your personal information will be treated by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations .
Klarna's data protection notice:
If you decide to use Klarna's payment services, we ask for your consent that we may transmit the data necessary for processing the payment and an identity and credit check to Klarna.
In Germany, the credit agencies mentioned in Klarna's data protection declaration can be used for identity and credit checks. You can withdraw your consent to this use of personal data from Klarna at any time.
6. Delivery of the Order
6.1 If you buy several products in one order in our online shop, you will receive all of these products in one delivery. If you buy several products as part of an order, we will not deliver them to you until you have paid us the purchase price for all of the products ordered.
6.2 If you buy digital products in our online shop, you have the choice of whether we should send you the download link either immediately or after the statutory cancellation period of fourteen days after you have received our order confirmation. Before you add digital products to your shopping cart, we will ask you to select and tick one of these alternatives.
6.3 Your statutory right of withdrawal is excluded if you have expressly agreed that we should send you the download link for digital products before the statutory objection period has expired and you have confirmed your knowledge that you will lose your right of withdrawal once the sending has started. You give us your express consent to the immediate sending of the download link and your corresponding confirmation by ticking the "Immediate delivery before the end of the cancellation period" button in the ordering process.
6.4 We will only send you the download link for the digital products to the email address you have provided once you have paid the purchase price in full. You are responsible for ensuring that the email address you provide is correct.
6.5 If you buy both non-digital and digital products as part of an order, we will send you the download link as soon as you have paid the purchase price for the digital product.
6.6 If no specific delivery time is specified in our online shop or different delivery times are specified for different products you have ordered, our delivery time is generally 2-4 working days within Germany, 3-8 working days within the EU and 5-20 working days worldwide from the date of our Order confirmation, provided that your full purchase price payment has been received.
6.7 As soon as your shipment has been handed over to our logistics partner DHL, you will receive a shipment number in an email. You can use this number to track the status of your delivery.
7. Right of Withdrawal
7.1 Cancellation policy
You have the right to withdraw from this contract within thirty days without giving any reason. The cancellation period is thirty days from the day on which you or a third party designated by you who is not the carrier took possession of the goods.
In the case of digital products, your right of withdrawal expires if you have agreed to the immediate provision of your download link.
In order to exercise your right of withdrawal, you must send us (Emely Borsody, Staufenstraße 8, 73575 Leinzell, Germany, info@eywajewelry.com) a clear declaration (e.g. a letter sent by post, fax or email) about your decision to enter into this contract revoke inform You can use the attached model cancellation form for this, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
7.2 Consequences of revocation
If you revoke this contract, we have to repay all payments that we have received from you, with the exception of the shipping costs, immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment 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 immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract. The deadline is met if you send back the goods before the period of thirty days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, characteristics and functioning of the goods.
- End of revocation -
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
- To Eywa Jewelry, Staufenstrasse 8, 73575 Leinzell, Germany, info@eywajewelry.com
- I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if notification is made on paper)
- Date
(*) Delete where not applicable.
8. Retention of Title
The delivered products remain our property until the purchase price has been paid in full.
9. Warranty
Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.
The following applies to used goods: If the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.
The above restrictions and shortening of deadlines 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 case of intentional or grossly negligent breach of duty and fraudulent intent
• In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation)
• as part of a guarantee promise, if agreed or
• as far as the area of application of the Product Liability Act is open.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
10. Liability
We are always fully liable for 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 case of intentional or grossly negligent breach of duty
• in the case of a promise of guarantee, as agreed, or
• as far as the area of application of the Product Liability Act is open.
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to that which was foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.
For the rest, claims for damages are excluded.
11. Redeeming Promotional Vouchers
11.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
11.2 Promotional vouchers can only be redeemed by consumers.
11.3 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
11.4 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
11.5 Only one promotional voucher can be redeemed per order.
11.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
11.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
11.8 The balance of the promotional voucher will neither be paid out in cash nor will interest be paid.
11.9 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
11.10 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. Promotional vouchers that are publicly communicated are not issued to specific persons. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
12. Redeeming Gift Certificates
12.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift voucher") can only be redeemed in the seller's online shop, unless the voucher states otherwise.
12.2 Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the second year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
12.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
12.4 Multiple gift vouchers can be redeemed for one order.
12.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase further Gift Vouchers.
12.6 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 used to settle the difference.
12.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
12.8 The Gift Voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
13. Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
14. Dispute Resolution Notice
The European Commission provides a platform for online dispute resolution, which you can find here: http://ec.europa.eu/consumers/odr/.
If you have a complaint, please contact us via email: info@eywajewelry.com