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@wiessmeyer.de
Internet: www.wiessmeyer.de
VAT ID: DE 158 954 585
o § 1 General, scope
o § 2 Conclusion of the contract, conclusion 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 Section 9 Limitation of Liability
o § 10 Exclusion of liability for external links
o § 11 data protection
o Section 12 Choice of Law
o § 13 gift vouchers
o § 14 Severability Clause
§ 1 General, scope
The following general terms and conditions (GTC) regulate the contractual relationship between Stefan Wiessmeyer and the customer (hereinafter referred to as "buyer") who uses Stefan Wiessmeyer's website. The General Terms and Conditions applicable at the time the contract was concluded apply. Stefan Wiessmeyer does not recognize other conditions and hereby expressly contradicts them. If other conditions apply, they must be in writing.
§ 2 Conclusion of the contract, conclusion of the contract
Stefan Wiessmeyer's offers on the Internet represent a non-binding offer to the buyer. All offers are non-binding.
By ordering the desired object of purchase on the Internet, the buyer submits a binding offer to conclude a purchase contract. After placing the order, the buyer will receive an order confirmation from Stefan Wiessmeyer by e-mail confirming the receipt of the order. Stefan Wiessmeyer has the right to refrain from delivering the goods offered if they are not available and will inform the buyer immediately in this case. The contract is concluded when Stefan Wiessmeyer sends the ordered goods to the customer and confirms the dispatch with another e-mail.
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 is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
In order to exercise your right of withdrawal, you must send us (Stefan Wiessmeyer, Pentenrieder Straße 4, D-82152 Krailling, Tel.: 089/85662210, E-Mail: info@wiessmeyer.de) a clear statement (e.g. a letter sent by post or e-mail) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this 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.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation 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 inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
§ 4 Prices, Payment
The prices on Stefan Wiessmeyer's website are final prices. Due to the small business regulation according to § 19 UStG no statement of sales tax. However, the prices do not include delivery and shipping costs. For consumers from countries outside the European Union, the customs duties and taxes levied by the destination country may also apply.
The goods can be paid for in advance by bank transfer, cash on delivery or on account. Payment by cash on delivery is only possible within Germany. Stefan Wiessmeyer reserves the right to accept or exclude certain payment methods in individual cases. In the case of advance transfer, the customer receives the account details from Stefan Wiessmeyer in writing (e-mail or letter). After receipt of payment, the ordered goods will be shipped.
If cash on delivery is desired, payment is made when the shipment is handed over to the delivery company's deliverer. The invoice amount includes the costs for delivery by cash on delivery. In addition, Deutsche Post (DHL) charges a local transmission fee of 2 EURO.
§ 5 Delivery, delivery time, shipping costs
The delivery takes place by sending the object of purchase to the address specified by the buyer. Deliveries are usually made within 1 week.
In the case of custom-made products, Stefan Wiessmeyer informs 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 before Christmas.
Insofar as delivery is agreed after advance bank transfer, delivery will take place immediately after receipt of payment, unless otherwise agreed in writing. The customer is aware that the processing time by the bank must be taken into account when paying in advance by bank transfer. If a timely delivery is not possible, Stefan Wiessmeyer will inform the customer immediately. The specified delivery times are non-binding, since Stefan Wiessmeyer has no influence on the delivery time of the shipping company.
The costs for shipping the purchased item within Germany are EUR 5.90 and are to be borne by the buyer. For countries outside of Germany within the European Union, Switzerland and Liechtenstein, we charge a flat rate of 15 EUR for shipping. In this case, further costs are possible due to customs and import regulations. Separate shipping costs will be communicated for foreign deliveries to non-European countries. If the buyer wishes a special type of shipping (express) which incurs higher costs, he must also bear these additional costs.
Stefan Wiessmeyer is entitled to make partial deliveries. Stefan Wiessmeyer will bear the costs for this.
§ 6 Damage in transit
If deliveries are delivered with visible damage to the packaging or the contents, the customer must immediately complain about 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 object of purchase remains the property of Stefan Wiessmeyer until full payment has been made.
§ 8 Warranty
1. Stefan Wiessmeyer guarantees that the object of purchase is free of defects upon delivery. Stefan Wiessmeyer offers jewelery made in-house by hand. If a material defect becomes apparent within six months of the delivery of the object of purchase, it is assumed that it was already defective at the time of delivery, unless this assumption is incompatible with the type of object of purchase or the defect. If the material defect only becomes apparent after six months have elapsed, the buyer must prove that the material defect was already present when the object of purchase was handed over.
2. The product images may differ slightly from the appearance of the delivered goods, especially in color and structure. Claims for defects do not exist insofar as the changes are reasonable for the customer. In the illustrations on the Internet, the color representation of the products may deviate from the actual color due to the type and quality of the customer's technical equipment, but this does not constitute a warranty obligation.
3. If the object of purchase is defective when it is handed over, the buyer has the choice of whether subsequent performance is to be carried out by means of repair or a replacement delivery. Stefan Wiessmeyer is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the buyer.
4. If the subsequent performance fails, the buyer can demand a reduction in the purchase price (reduction) or cancellation of the contract (withdrawal) as well as compensation for damages. If the defects are only minor, the buyer has no right of withdrawal.
5. If Stefan Wiessmeyer delivers a defect-free object of purchase for the purpose of supplementary performance, Stefan Wiessmeyer can demand that the buyer return the defective object of purchase.
6. The warranty obligation is two years and begins with the delivery of the goods to the buyer. Jewelery can also show signs of wear through normal use in the form of scratches, discoloration or abrasions, but these do not constitute a defect and are not covered by the warranty. The warranty also excludes damage that is due to natural wear and tear, improper use and insufficient or incorrect care or storage. Damage caused by improper or non-contractual measures by the buyer during handling or storage do not justify any claims against Stefan Wiessmeyer.
§ 9 Limitation of Liability
1. Stefan Wiessmeyer is only liable for damage other than damage to life, limb and health if this damage is based on intentional or grossly negligent action or on culpable violation of an essential contractual obligation by Stefan Wiessmeyer or his vicarious agents. An obligation is essential to the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the buyer can regularly rely. Any further liability for damages is excluded. Claims from a guarantee given by Stefan Wiessmeyer for the quality of the purchased item and the Product Liability Act remain unaffected.
2. According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant availability of our internet shop.
§ 10 Exclusion of liability for external links
The external links on Stefan Wiessmeyer's website are references to other websites. Stefan Wiessmeyer checked the content of these pages for obvious inaccuracies and errors before including them, but has no influence on changes in content. The respective operators (authors) are responsible and liable for the content of these externally linked websites. If there are indications of legal violations, the corresponding links 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 is 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 pass on your customer information to the necessary extent, reduced to the necessary minimum, to process payment and dispatch your order to our service partners such as credit card institutes and transport companies.
With your order you expressly agree to this procedure.
Otherwise we guarantee not to 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 registered for our newsletter, you can also update the information you entered there at any time or unsubscribe from the newsletter.
Please contact us by e-mail, letter or telephone if you have changes to your data and cannot make them yourself in the system.
Cookies (small files in which the order information is stored) are used for the full functionality of the shop system. If your browser is set so that it does not accept cookies, we ask you to change your settings accordingly. After completing your order process, you can reset your browser settings if necessary and delete the cookie set for the order.
§ 12 Choice of Law
German law applies to the legal relationships between the parties – without the reference standards of international private law – and to the exclusion of the UN Sales Convention. The United Nations Convention on Contracts for the International Sale of Goods (CISG) v. 04/11/1980 does not apply. For customers who are entrepreneurs within the meaning of § 14 BGB, Starnberg is the place of jurisdiction.
§ 13 Gift Vouchers
Online gift vouchers cannot be paid out in cash, even partially.
§ 14 Severability Clause
Should a provision of these GTC be or become invalid or unenforceable, the remaining provisions of these GTC 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 apply accordingly in the event that these GTC prove to be incomplete. § 139 BGB does not apply.