Terms of service
General terms and conditions and customer information
I. Terms of service
§ 1 Basic Provisions
(1)
The following terms and conditions apply to contracts that you conclude
with us as a provider (Dagmar Kraemer) via the website www.fejnjewelry.com. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is
any natural person who concludes a legal transaction for purposes that
can not be predominantly attributed to their commercial or independent
professional activity. An entrepreneur is any natural or legal person or
a legal partnership that, when concluding a legal transaction, acts in
the exercise of its independent professional or commercial activity.
§ 2 Effectiveness of contract
(1) Subject of the contract is the sale of goods.
(2) Already
with the listing of the respective product on our website we are
submitting a binding offer to conclude a contract under the conditions
specified in the article description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart".
Using the corresponding button in the navigation bar, you can open the
"shopping cart" and make changes there at any time. After navigating to
the "Checkout" page and entering your personal data as well as the
payment and shipping conditions, all order data will be displayed again
on the order overview page. If you use an instant payment system (e.g.
PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method,
you will either be directed to the order overview page in our online
shop or you will first be redirected to the website of the provider of
the instant payment system. If you are forwarded to the respective
instant payment system, make the appropriate selection or entry of your
data there. Finally, you will be redirected back to our online shop on
the order overview page.
Before sending the order, you have the option to check all the
information here again, to change it (also using the "back" function of
the Internet browser) or to cancel the purchase. By submitting the order
using the "order with payment" button, you declare the legally binding
acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and the transmission of all
information required in connection with the conclusion of the contract
is partially automated via email. You must therefore ensure that the
e-mail address you have stored with us is correct, the receipt of the
e-mails is technically ensured and, in particular, are not prevented by
SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the
appropriate information, texts or files required for the individual
design of the goods via the online ordering system or by e-mail at the
latest immediately after conclusion of the contract. Our possible
specifications for file formats must be observed.
(2) You agree not to transmit any data, of which the content violates
the rights of third parties (in particular copyrights, naming rights,
trademark rights) or violates existing laws. You expressly release us
from all third party claims asserted in this context. This also applies
to the costs of legal representation required in this context.
(3) We do not check the correctness of the transmitted data and therefore assume no liability for errors.
§ 4 Special agreements on offered payment methods
(1) Payment by invoice via Klarna Germany
In
cooperation with Klarna, we offer purchase on account as a payment
option. The payment period is 14 days from the invoice date. The invoice
is issued when the goods are dispatched and either sent by email or
together with the goods. The payment is made to Klarna. Please note that
Klarna invoice is only available to consumers. You can find the
complete terms and conditions for invoice purchase here.
Data protection notice.
Klarna
checks and evaluates your data and maintains a data exchange with other
companies and credit agencies if there is a legitimate interest and
reason. Your personal data will be treated in accordance with the
applicable data protection regulations and in accordance with the information in the Klarna data protection regulations.
§ 5 Right of Retention, Reservation of ownership
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are a contractor, the following also applies:
a) We reserve ownership of the goods until all claims from the
current business relationship have been fully settled. Pledging or
transfer by way of security is not permitted before the transfer of
ownership of the reserved goods.
b) You can resell the goods in the
ordinary course of business. In this case, you now assign to us all
claims in the amount of the invoice that arise from the resale, we
accept the assignment. You are further authorized to collect the claim.
However, we reserve the right to collect the receivables ourselves if
you fail to meet payment obligations properly.
c) If the reserved goods are combined and mixed, we acquire
co-ownership of the new item in the ratio of the invoice value of the
reserved goods to the other processed objects at the time of processing.
d)
We commit to release the securities to which we are entitled at your
request insofar as the feasible value of our securities exceeds the
claim to be secured by more than 10%. It is at our discretion to select
the collateral to be released.
§ 6 Warranty
(1) The statutory rights to liability for defects apply.
(2) As a consumer, you are asked to immediately check the item for
completeness, obvious defects and transport damage upon delivery and to
inform us and the freight forwarder of any complaints as soon as
possible. Failure to do so will have no effect on your statutory
warranty claims.
(3) As far as you are a company, deviating from the above warranty following regulations apply:
a) Only our own information and the manufacturer's product description
are deemed to be agreed as the condition of the item, however not other
advertising, public promotions and statements of the manufacturer.
b)
In the event of defects, we provide a guarantee of rectification or
subsequent delivery at our option. If the rectification of the defect
fails, you can either request a reduction or withdraw from the contract.
The remedial measures are deemed to have failed after a second
unsuccessful attempt, unless the nature of the thing or the defect, or
other circumstances, results in another solution. In the event of
rectification, we do not have to bear the increased costs incurred by
moving the goods to a location other than the place of delivery,
provided that the shipment does not correspond to the intended use of
the goods.
c) The warranty period lasts one year from the date of delivery. The shortening of the deadline does not apply:
-
culpably caused damage from injury to life, limb or health and for
other damage caused intentionally or through gross negligence;
- insofar as we maliciously concealed the defect or assumed a guarantee
for the quality of the item;
- for items that have been used for a building in accordance with their normal use and have caused its deficiency;
- with statutory recourse claims that you have against us in connection with rights to defects.
§ 7 Choice of Law
(1) German law applies. For consumers, this choice
of law only applies insofar as the protection granted by mandatory
provisions of the law of the state of the habitual residence of the
consumer is not withdrawn (principle of favorability).
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods explicitly do not apply.
II. Customer information
1. Identity of the seller
Dagmar Kraemer
Intze Str.11
50825 Köln
Germany
Telephone: +4922125930481
E-Mail: info@fejn.com
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information about the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion
of the contract itself and the possibilities for amendment take place in
accordance with the regulations "conclusion of the contract" of our
general terms and conditions (part I.).
3. Contractual language, Contract text storage
3.1. The contract language is German.
3.2. We do not save the
complete text of the contract. Before sending the order via the online
shopping cart system, the contract data can be printed out or
electronically saved using the print function of the browser. After
receipt of the order by us, the order data, the legally required
information for distance contracts and the general terms and conditions
will be sent to you again by email.
4. Essential characteristics of the goods or services.
The essential characteristics of the goods and / or services can be found in the respective offer.
5. Prices and payment methods
5.1.
The prices listed in the respective offers as well as the shipping
costs represent total prices. They include all price components
including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They
can be called up via a correspondingly labeled button on our website or
in the respective offer, are shown separately in the course of the
ordering process and are to be borne by you, unless free delivery is
promised.
5.3. If delivery is made to countries outside the European
Union, we may incur additional costs for which we are not responsible,
such as Customs duties, taxes, or money transfer fees (bank transfer or
exchange rate fees) which have to be borne by you.
5.4. You have to bear the costs of the money transfer (bank transfer or
exchange rate fees) in cases in which the delivery is made to an EU
member state but the payment was initiated outside the European Union.
5.5.
The payment methods available to you are listed under a correspondingly
labeled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the
payment claims from the concluded contract are due for payment
immediately.
6. Delivery Terms
6.1. The delivery conditions, the delivery date and
any existing delivery restrictions can be found under a correspondingly
labeled button on our website or in the respective offer.
6.2. Insofar as you are a consumer, it is regulated by law that the
risk of accidental loss and accidental deterioration of the sold item
only passes to you when the goods are handed over, regardless of whether
the shipment is insured or uninsured. This does not apply if you have
independently commissioned a transport company not named by the
entrepreneur or someone else to carry out the shipment. If you are an
entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
Liability for defects is based on the
"Warranty" regulation in our General Terms and Conditions (Part I).
These general terms and conditions and customer information were drawn
up by the lawyers of the dealer association who specialize in IT law and
are constantly checked for legal conformity. The
dealer association Management AG guarantees the legal security of the
texts and is liable in the case of warnings. More information can be
found at: https://www.haendlerbund.de/agb-service.