Terms & Conditions | Juwelenkammer 

Terms & Conditions

General Terms and Conditions and Privacy Policy
 

1. 

General Notes and Scope
1.1  The following Terms and Conditions (T&C) are valid for all contracts between Juwelenkammer UG (Limited Liability) hereafter referred to as “JK” and their customers for the purchase of jewellery or other goods unless otherwise specified between the parties.
 
1.2  For any contractual relationship the T&C at the time of the contract is valid.
 
1.3  The Terms and Conditions of the customer shall not apply, unless JK approves of this validity in writing.
   

2.

Supplier Details and Contact Information
  Supplier / vendor of the goods and services offered on the website Juwelenkammer is as follows:
Juwelenkammer UG (haftungsbeschränkt – limited liability)
Represented by the Managing Director
Jana Koelblinger

Address:
Mühlenstr. 8a
14167 Berlin, Germany,
Tel:  0049 30 569 755 10
Fax:   0049 30 569 755 10
Email:  info@juwelenkammer.com.
Tax ID: DE 297 100 710
The above information applies to any questions/complaints/suggestions which are addressed to JK, unless otherwise arranged on a case by case basis.
   
3.  Conclusion
 
3.1  All offers in the online web store of the supplier only represent a non-binding request for the customer to purchase and should not be considered a confirmation. As soon as the supplier receives the request from the customer then an order acknowledgement is sent to the customer, normally per email (Order Acknowledgement). This order acknowledgement does not constitute an acceptance of the order. After receipt of the requested order the supplier will review and inform the customer within five business days if the order is confirmed (Order Confirmation). Without receipt of an order confirmation within five business days the order is not valid.
 
3.2  The order process in the online web store of the supplier is as follows: the customer selects a product from the assortment offered and using the button “ADD TO CART” adds the products to the virtual CART.  Using the button “Binding Order” the customer is entering into an agreement to purchase the products in the CART. Before submitting the order to JK the customer can review and edit entered at any time. The order can only be submitted once the customer clicks on the button accepting the “TERMS & CONDITIONS and PRIVACY POLICY”, the order is then sent to JK.
   
4.  Contracts
 
4.1  JK sells handcrafted jewellery pieces that are made by a particular designer /artisan at the customer’s request and according to the specifications of the customer. The selection and notification of requirements are carried out during the ordering process.
 
4.2  In addition to the selling of handcrafted jewellery pieces JK also sells antique and/or pre-owned jewellery pieces.
 
4.3  Lastly the customer has the option to purchase commercially produced jewellery pieces, these are not able to be customised to customer specifications and are so labelled.
   
5.  Storage and Protection of Data
 
5.1  JK stores all relevant data for each order. The name, birthdate, address, telephone number and email of the customer is stored, in addition the IP-address and the date of the order request and order confirmation are stored.
 
5.2  When visiting the website of JK cookies used to improve the website experience at JK.  Cookies are stored on the user’s computer.  The user/customer has the possibility to object to the use during their visit. As long as the user does not object to the use of cookies, then the agreement to use cookies is considered valid. When visiting the website the data currently being used by the computer such as date and time, browser type, operating system of the computer and the pages viewed are logged by the cookies. It is neither possible nor intended to store personal data relating to the user.
 
5.3  This website uses Google Analytics, a web analysis service of Google Inc. (“Google“). Google Analytics also uses cookies, text files that are stored on the user‘s computer and allow for an analysis of the use of the website by the user. The information generated by the cookie about the user’s use of the website is usually transferred to a Google server in the USA and stored there. In case of activation of the IP anonymization on this website then the IP address will be truncated within member states of the European Union or other parties in the European Economic Area. Only in exceptional cases would the full IP address be sent to the Google servers in the USA and shortened there. The IP  anonymisation is active on this website. On behalf of the operator of this website Google will use this information to evaluate the use of the website, compiling reports on website activity and providing other website and internet related services to the website operator. The browser and IP address collected as part of Google Analytics cannot be merged with other data from Google. The user may block the use of cookies by changing the settings of the browser software; JK must point out that by using these settings all features of this website may not be fully utilized. The user may also prevent the collecting of data by Google (including the IP address) by this website using cookies on the user’s computer by downloading and installing the following plug-in: tools.google.com/dlpage/gaoptout?hl=en . As an alternative to a browser add-on or within the browser on a mobile device, <a id="GAOptOut" title="Google Analytics Opt-Out-Cookie setzen" href="javascript:gaOptout()">click on this link</a>, in order to block the use of Google Analytics to collect data on this website (the opt out is only valid on this browser and only for this domain). An opt out cookie is then saved on the user’s device. If the user deletes this cookie in this browser then the link must be clicked on again.
 
5.4  JK reserves the right to store additional data for security reasons and for any future legal requirements.
 
5.5  JK creates for each customer a new private, personal account when an order acknowledgement is sent. Customers are informed via email the account information. It is recommended that the password is changed with user logs into the account the first time to protect the access of the account by unauthorized users.
 
5.6  Using the customer account the customer has the chance to review the order and the saved information pertaining to the customer’s order.
 
5.7  JK reserves the right to carry out a credit check on a customer using bureaus.
 
5.8  The personal details that are collected during an order (for example name and contact details), will only be used for correspondence with the customer and only for the purposes for which JK was contacted. Customer information is also send to the delivery provider, the shipper of the products, or passed to the staff responsible for processing payments or credit reporting, to the extent necessary to fulfil the contract or order.
 
5.9  Personal details are not disclosed to third parties, unless JK is required to by law or unless expressly consented to by the customer. The Data Protection Act of Germany (Bundesdatenschutzgesetzens) is complied with by all third parties which provide a service to JK including all manufacturing and administration.
 
5.10  The personal details which JK has collected and stored for an order are only stored until the purpose is fulfilled to which JK was entrusted. As for commerce and tax retention periods are observed the duration of the storage of certain data may be up to 10 years.
 
5.11  If the customer does not agree to the storage of personal data, JK will correct, delete, or blocking of the data under the statutory provisions as provided by law. On request the customer can receive all of the personal details which JK has stored about the customer.
   
6.  Liability for External Links
 
  This website contains links to other websites (“external links“). These websites are the responsibility of the respective operators. When the link was added to the JK website the linked website was reviewed for compliance with the legal privacy protection laws. At this time no legal violations were apparent. JK has no influence on the current and future design and content of the linked page. The inclusion of external links in no way means that JK created the linked site or that the content is owned by JK. Constant monitoring of these external links is unreasonable without concrete evidence of violations. Once knowledge of any violations exists, such external links will be deleted immediately.
   
7.  Price, Pick-up, Delivery, Shipping Costs
 
7.1  The advertised prices on the website include the relevant valid VAT in Germany. The tax is payable together with the purchase price listed by JK, unless otherwise agreed.
 
7.2  After completion the jewellery will be available for pick-up.
 
7.3  Should the customer request to send the jewellery, the customer may choose the shipping method. This customer is responsible for shipping charges.
 
7.4 Jewellery shipments are not sent to PO Boxes or packing stations.
   
8.  Customer Responsibilities
 
8.1  The customer is obliged to ensure that all personal details, in particular the customer’s email address and shipping address, are correct. Any additional costs that JK incurs due to the customer entering incorrect information, for example costs associated with an incorrect delivery address, can be billed to the customer. 
 
8.2  The customer is also obliged to ensure that the customer may be reached on the email address provided to respond to orders and communication from JK. In particular ensuring that the email address provided is prevented from being suspended, overrun/full, or forwarding service. The customer has the obligation to ensure that the spam filter is updated to ensure that emails from JK are not rejected and received in time.
 
8.3  The customer is obliged to pay the agreed price in advance.
 
8.4  If the customer orders custom made jewellery, this jewellery must be paid for in advance or on an agreed upon payment plan
 
8.5  For custom ordered jewellery the customer is responsible for acceptance. Acceptance of the jewellery is tacitly deemed when the customer does not expressly declare within two weeks of delivery that the jewellery is not acceptable.
 
8.6  If the customer refuses to accept the custom jewellery, withdraws from the contract, terminates the contract or contests the contract, the customer shall be provided with the legal provisions for the payment of the agreed remuneration. JK will attempt to sell the piece of custom jewellery in a timely manner. The customer is responsible for the agreed upon price of the custom made jewellery. In the case where JK has sold the item on behalf of the customer, the customer shall be responsible for the difference in the actual sales prices and the original agreed upon sales price.
 
8.7  In case JK has shipped the customer jewellery, the customer is required to inspect the delivered good upon receipt for any damage and completeness.
   
9.  Nature of the Sale, Shipping/Delivery Time, Product Availability
 
9.1  Ordered jewellery pieces have the properties mentioned in the order confirmation unless otherwise stated.
 
9.2  Ordered jewellery pieces have the properties mentioned in the order confirmation unless otherwise stated.
 
9.3  In the event that after an order confirmation has been created and a change must be done to the order confirmation (for example the quality or availability of raw materials) JK will immediately notify the customer of this change.
 
9.4  The customer is required to have made all agreed payments and provided all necessary information for compliance with the deadlines for pick-up or shipping.
 
9.5  If subsequently the customer requires a change to the ordered product the delivery window will be longer than the original order confirmation depending on the scope of the additional work.
   
10.  Warranty for Defects, Warranty
 
10.1  The supplier is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff BGB and §631 ff BGB, as far as it concerns work and materials and as hereafter otherwise provided.
 
10.2  A guarantee or assurance is only provided by JK if explicitly stated in the order confirmation of the respective products.
 
10.3  The warranty period for new jewellery is two years and for used or antique jewellery one year from receipt of goods.
 
10.4  The customer is aware that the colour of the received product may be slightly varied from that which was shown online due to the nature and quality of the technical equipment and thereby no warranty or obligation is incurred. The display online provided for custom made jewellery is only a sample picture as the pieces will be custom made for the customer.
 
10.5   JK offers hand crafted jewellery in accordance with the order and wishes of the customer. This jewellery is made using natural materials such as pearls or gemstones. The product image may differ slightly from the appearance of the product received, in particular relating to the colour, texture and size. Colour variations in pearls or gemstones are not considered defects. Warranty claims are excluded as long as the changes are reasonable.
 
10.6  The nature of the goods ordered is reflected in the product descriptions provided in the order confirmation. Technical details, dimensions, weight and specifications are given as accurate as possible, but may have usual variations. The properties described herein do not constitute defects in the product delivered by the supplier.
 
10.7  Jewellery, especially antique and used jewellery could through normal use show signs of wear in the form of scratches, nicks, dents or abrasions, or a combination of all or some of these signs of wear. These do not constitute a defect and are not subject to the warranty obligation. In addition goods that are damaged due to natural wear and tear, improper use, overuse or lack of or improper maintenance or storage are also excluded from the warranty.
 
10.8  The customer is required to report defects in writing or by email immediately or within a reasonable time after discovering the defect to JK. The customer has six weeks upon discovery to report the defects and after such time has passed JK is not obliged to honour the guarantee.
 
10.9  As part of warranty JK will either repair the defective goods or replace them with a similar good in new condition (“replacement”). If the replacement is not successful, in particular it has the same defect as the original, the replacement is not available within a reasonable time period or is rejected, and the customer can withdraw from the contract or accept a reduced price for the goods.
 
10.10  The jewellery is marked with a seal and delivered. Seal are used to verify their validity in the case of a return, and that the jewellery was only unpacked for inspection.
 
   
11.  Payment Arrangements, Compensation and Retention, Retention of Title
 
11.1 The monies for the purchase price must be transferred by the customer upon receipt of the invoice to the account of JK.
 
11.2 Other methods of payment must be agreed upon with JK, unless they are available on the website and specified in the order.
 
11.3  The invoice amount is to be transferred within ten days to the account of JK. Monies must arrive and be booked onto the account of JK by the tenth day.
 
11.4  As far as the customer is entitled to set-off rights, these may only be offset if the customer receives a declaratory judgment, undisputed, or acknowledged in writing by JK. The customer may only exercise a right of lien if the claims stem from the same aforementioned judgment.
 
11.5  Until payment in full is received by JK the goods remain the property of JK.
 
   
12.   Liability / Compensation
 
12.1  Customer claims for compensation are excluded.
 
12.2  Notwithstanding the aforementioned the customer is limited to the typical foreseeable compensation.
 
12.3  Notwithstanding the aforementioned JK provides compensation for the claims of the customer:
 
  a)  From injury to life, limb or health;
 
  b)  From the violation of essential contractual duties (cardinal obligations);
 
  c)  According to the German product liability law (Produkthaftungsgesetz);
 
  d)  Based on a the damage of other legal assets on an intentional or grossly negligent breach of JK, the legal representatives or agents.
 
12.4  Material contractual obligations referred to in § 12.3 are obligations which in the execution of the contract in the first place and on whose compliance the customer may trust.
 
12.5  The above limitations of liability of JK also apply to the legal representatives and agents of JK, if any claims are made directly against them.
   
13.  Right of Cancellation
 
13.1  If the customer is a consumer and completed a contract with the seller a contract using means of remote communication including but not limited to by telephone, email, fax or via the website, the consumer has the following right of cancellation as described below.
 
13.2  Provided that JK can have the goods collected, JK will notify the customer of a schedule for pickup or arrange for an alternative pickup.
 
13.3  The customer after consulting with JK, or provided herein the framework for the right of cancellation, should arrange for the return of the goods. In this case the goods are required to be returned no later than fourteen days from the day on which JK was notified by the customer invoking the right of cancellation, either on JK returned or forwarded. The deadline is met if the goods are dispatched to JK before the expiry of the period of fourteen days.
 

13.4 

If the customer does not reside in the European Union or European Economic Area and the collection needs to be organized from a third country, higher costs may be incurred which must be brought to the attention of JK.
 
13.5  Exceptions to the right of cancellation:
 
  a)  If the customer has purchased the products offered for commercial purposes or independent economic activity (in this case the customer is not a consumer);
 
  b )  For any goods that have been manufactured according to customer’s specifications or clearly customised for the customer (especially made for the customer);
 
  c)  If the customer removed seal or identification marks from the good without
consultation with JK.
 
13.6  Insofar as it is applicable when the contract was concluded the customer receives the following right of cancellation in accordance with German law, specifically (Appendix 1 to type 246 a of the Introductory Act to the Civil Code - Einführungsgesetzes zum Bürgerlichen Gesetzbuch):
 

- Cancelation -
 

  Right of Cancellation
   
  You have the right to cancel a contract/sale within fourteen days without giving a reason.

The cancellation period is fourteen days from the date you or a third party representing you received the goods.

In order to exercise your right of cancellation you must contact us, the Juwelenkammer UG (limited liability – haftungsbeschränkt), Winsstrasse 48, 10405 Berlin, Fax: XXXX, Email: XXXX) with an explicit declaration in writing of your intention to cancel (for example per post, email or fax). The following template can be used, but it is not mandatory.

To meet the right of cancellation deadline it is sufficient that you send the communication concerning the right of cancellation before the cancellation period expires.
 
  Consequences of Cancellation
   
  If you cancel the contract we will reimburse you for all payments we have received from you, including the delivery and shipping charges (with the exception being any costs the customer chose in excess of the normal standard shipping offered by us) and repay within fourteen days from the date on which the notification was received about your cancellation of the contract with us. For this repayment, the same method of payment for the original transaction will be used, unless you specifically agree otherwise, in no instance will you be charged for this repayment. We may withhold reimbursement until we have received back the returned goods, or you can demonstrate that the goods have been returned, whichever is earlier.
If we pick up the goods for return you will bear the cost of returning these items. The highest estimate for this return is circa. Euro 150.00.
You will be responsible to pay the difference in the diminished value of the goods if after examination there is any diminished value to the goods if the necessary handling is not followed.

 

- End of the Cancellation -

   
14.  Final Provisions
 
14.1  In contracts between the supplier and customer the law of the Federal Republic of Germany shall apply, excluding the CISG.
 
14.2  For a consumer this choice of law is restricted and only applies in so far as is thus non-binding legal provisions of the country in which the customer has domicile or is a resident.
 
14.3  If the customer is a business or legal entity under public law or a public special asset, jurisdiction for all disputes arising from the contractual relationship between the consumer and the supplier, will remain in the location of the supplier.
 
14.4  These provisions of the General Business Conditions are available in several languages and can be sent to the customer in another language of his choice. In case of doubt on the translation and the contents of the Terms & Conditions, the German version shall prevail.
   
15.  Severability Clause
 
15.1  If any provisions of these Terms and Conditions or the contract wholly or partially is invalidated, or unenforceable, or lose the feasibility later on omission, this shall not affect the validity of the remaining provisions.
 
15.2  If instead an appropriate regulation, to the extent permitted by law, comes close to what the contracting parties wanted or would have wanted according to the sense and purpose of the contract if they had considered this matter, this regulation will apply to any invalidated or unenforceable provision.
 
15.3  The invalidity or unenforceability of any provision dealing with a fixed criteria of a time period (deadline or date), it is agreed  that the next closest legally permissible period of time be used.