Terms of service
TERMS AND CONDITIONS
of Gemstone Garden GmbH
§ 1 Scope of Application
(1) These General Terms and Conditions (hereinafter "Terms") of Gemstone Garden GmbH (hereinafter "Seller") shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller via the Seller's online shop. This does not apply to the use of the website as such.
(2) A consumer within the meaning of these Terms is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activity.
(3) An entrepreneur within the meaning of these Terms is a natural or legal person or a legally responsible partnership that concludes a legal transaction in the exercise of their commercial or self-employed professional activity.
(4) The subject matter of these Terms is the sale of jewelry and other goods by the Seller to customers via the online shop.
§ 2 Conclusion of Contract
(1) The presentation of goods in the Seller's online shop does not constitute a legally binding offer to conclude a purchase contract, but an invitation to the customer to order goods.
(2) The customer can submit a binding offer to purchase the goods contained in the shopping cart by clicking the order button in the online shop.
(3) The Seller may accept the offer within 14 days by sending the customer a written order confirmation or a delivery notification by email.
(4) The order of goods and the transmission of all data necessary for the conclusion of the contract are carried out in compliance with the data protection regulations in accordance with the Seller's privacy policy.
§ 3 Right of Withdrawal
(1) Consumers are entitled to a right of withdrawal pursuant to § 355 BGB. The details of the right of withdrawal can be found in the Seller's cancellation policy.
(2) The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and are made to the consumer's specifications or are clearly personalized.
(3) The right of withdrawal also does not apply to contracts for the delivery of goods that are not suitable for return due to their nature, were delivered sealed and the seal was removed after delivery.
§ 4 Prices and Payment Terms
(1) The prices stated in the individual offers include the statutory value-added tax and other price components.
(2) In addition to the stated prices, the Seller charges shipping costs for delivery. The shipping costs are communicated separately to the customer in the ordering process.
(3) Payment can be made using the payment methods listed in the online shop.
§ 5 Delivery and Shipping Terms
(1) Delivery is made to the delivery address specified by the customer when placing the order.
(2) If the goods are not available, the Seller reserves the right not to provide the service (non-fulfillment). In this case, the customer will be informed immediately and any remuneration already paid will be reimbursed.
(3) The risk of accidental loss and accidental deterioration of the sold item passes to the customer only upon delivery (§ 446 BGB).
§ 6 Retention of Title
The Seller reserves title to the sold goods until full payment of the purchase price.
§ 7 Warranty
(1) Unless the parties have agreed on a longer period, the limitation period for warranty claims for used goods is one year from delivery of the goods.
(2) The limitation period for new goods is two years from delivery of the goods.
(3) Warranty is governed by the statutory provisions, in particular §§ 434 ff. BGB.
§ 8 Liability
(1) The Seller's liability for damages, regardless of the legal basis, is limited to intent and gross negligence.
(2) This does not apply to injury to life, limb or health. Furthermore, this does not apply to culpable breach of essential contractual obligations.
(3) The above limitations of liability apply to the same extent to the organs, legal representatives and vicarious agents of the Seller.
§ 9 Database > Ромик: The Seller is entitled to process the customer's data in automated form and use it to the extent necessary for the fulfillment of the contract.
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) Should individual provisions of these Terms be ineffective, the effectiveness of the remaining provisions shall remain unaffected.
(3) The place of jurisdiction for all disputes arising from this contract is, if the customer is a merchant, a legal entity under public law or a special fund under public law, the registered office of the Seller.
Gemstone Garden GmbH
Schaperstrasse 12
10719 Berlin
Email: hello@addagems.de
3. Return and Refund Policy (Rückgabe- und Erstattungspolitik)
RETURN AND REFUND POLICY
Last updated: June 10, 2024
Thank you for shopping at ADDA Germany.
If, for any reason, You are not completely satisfied with a purchase, We invite You to review our policy on refunds and returns. This Return and Refund Policy applies to any products that You purchased from Us.
Interpretation and Definitions
For the purposes of this Return and Refund Policy:
- "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Gemstone Garden GmbH, Schaperstrasse 12, 10719 Berlin.
- "Goods" refer to the items offered for sale on the Service.
- "Orders" mean a request by You to purchase Goods from Us.
- "Service" refers to the Website.
- "Website" refers to ADDA Germany, accessible from addagems.de
- "You" means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service.
Your Order Cancellation Rights
You are entitled to cancel Your Order within 14 days without giving any reason for doing so.
The deadline for cancelling an Order is 14 days from the date on which You received the Goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered.
In order to exercise Your right of cancellation, You must inform Us of your decision by means of a clear statement. You can inform us of your decision by:
- By email: hello@addagems.de
- By phone number: +49 173 6263826
We will reimburse You no later than 14 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
Conditions for Returns
In order for the Goods to be eligible for a return, please make sure that:
- The Goods were purchased in the last 14 days
- The Goods are undamaged
The following Goods cannot be returned:
- The supply of Goods made to Your specifications or clearly personalized
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items
We reserve the right to refuse returns of any merchandise that does not meet the above return conditions in our sole discretion.
Returning Goods
You are responsible for the cost and risk of returning the Goods to Us. You should send the Goods at the following address:
Gemstone Garden GmbH
ADDA Schmuckladen
Schaperstrasse 12
10719 Berlin
Germany
We recommend using an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received return delivery.
Gifts
If the Goods were marked as a gift when purchased and then shipped directly to you, You'll receive a gift credit for the value of your return. Once the returned product is received, a gift certificate will be mailed to You.
In case of discrepancies, the German version shall prevail.