Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty)
8. Liability
9. Special Terms and Conditions for the Processing of Goods According to Specific Customer Requirements
10. Applicable Law
11. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter „GTC“) of Igor Stavytsky, doing business as „Juwelier von Wetsch“ (hereinafter „Seller"), apply to all contracts for the delivery of goods that a consumer or business (hereinafter „Customer“) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their self-employed professional activities.

1.3 For the purposes of these Terms and Conditions, a “business entity” is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.

2) Conclusion of the Contract

2.1 The product descriptions contained in the seller's online store do not constitute binding offers on the part of the seller, but rather serve as a basis for the customer to submit a binding offer.

2.2 The customer may submit the offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items contained in the shopping cart by clicking the button that finalizes the order process.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the customer’s receipt of the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
• by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to PayPal’s Terms of Service, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or—if the customer does not have a PayPal account—subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a PayPal payment method selectable during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 When an order is placed using the Seller’s online order form, the Seller will save the contract text after the contract is concluded and send it to the customer in writing (e.g., via email, fax, or letter) after the customer submits the order. The seller will not make the contract text available in any other way. If the customer has created a user account in the seller’s online store before submitting their order, the order data will be archived on the seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.

2.6 Before submitting a binding order via the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors is the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have the right to cancel.

3.2 Further information regarding the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices listed are total prices that include the statutory sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2 For shipments to countries outside the European Union, additional costs may apply in certain cases that are beyond the seller’s control and must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the shipment is not being sent to a country outside the European Union, but the customer is making the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online store.

4.4 If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If you select a payment method offered through the „PayPal“ payment service, the payment will be processed by PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal under which the seller advances payment to the customer (e.g., purchase on account or installment payments), the seller assigns its payment claim in this regard to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Prior to accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the customer data provided. The seller reserves the right to deny the customer the selected payment method in the event of a negative credit check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment installments. In this case, the customer may only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery times, shipping, returns, complaints, notices of withdrawal and related shipments, or credit memos.

4.6 If you select the "Sofortüberweisung" payment method, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). To pay the invoice amount via "Sofortüberweisung," the customer must have an online banking account that has been activated for use with "Sofortüberweisung," authenticate themselves during the payment process, and confirm the payment instruction. The payment transaction is processed by Klarna immediately thereafter, and the customer’s bank account is debited. The customer can find more information about the "Sofortüberweisung" payment method online at https://www.klarna.com/immediately/ retrieve.

4.7 If you select a payment method offered through the „Apple Pay“ payment service, payment processing is handled by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland („Apple“). The specific payment methods offered via Apple Pay are displayed to the customer in the seller’s online store. To process payments, Apple may use additional payment services, which may be subject to specific payment terms and conditions that the customer may be notified of separately. Further information about Apple Pay is available online at https://www.apple.com/de/apple-pay/ available.

4.8 If you select a payment method offered through the „Google Pay“ payment service, payment processing is handled by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland („Google“). The specific payment methods offered via Google Pay are displayed to the customer in the seller’s online store. To process payments, Google may use additional payment services, which may be subject to specific payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about Google Pay is available online at https://pay.google.com/intl/de_de/about/ available.

4.9 If you select a payment method offered through the „Klarna" payment service, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter „Klarna“). Further information and Klarna’s terms and conditions regarding this can be viewed here:

https://juwelier-von-wetsch.de/payment-information

5) Delivery and Shipping Terms

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller’s order processing system shall be decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to return shipping costs.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes to the customer only upon delivery of the goods to the customer or to a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers—as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, if the customer has commissioned the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.4 Handelt der Kunde als Verbraucher mit Sitz in Deutschland oder als Unternehmer, behält sich der Verkäufer das Recht vor, im Falle nicht richtiger oder nicht ordnungsgemäßer Selbstbelieferung vom Vertrag zurückzutreten. Dies gilt jedoch nur für den Fall, dass die Nichtlieferung nicht vom Verkäufer zu vertreten ist und dieser mit der gebotenen Sorgfalt ein konkretes Deckungsgeschäft mit dem Zulieferer abgeschlossen hat. Der Verkäufer wird alle zumutbaren Anstrengungen unternehmen, um die Ware zu beschaffen. Im Falle der Nichtverfügbarkeit oder der nur teilweisen Verfügbarkeit der Ware wird der Kunde unverzüglich informiert und die Gegenleistung unverzüglich erstattet.

5.5 If the seller offers the merchandise for pickup, the customer may pick up the ordered merchandise during the business hours specified by the seller at the address provided by the seller. In this case, no shipping charges will be applied.

6) Retention of Title

If the seller makes an advance delivery, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

Unless otherwise specified in the provisions below, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.1 If the customer is acting as a business,

• the seller may choose the method of subsequent performance;
• For new goods, the statute of limitations for claims arising from defects is one year from the date of delivery of the goods;
• For used goods, claims for defects are excluded;
• The statute of limitations does not start anew if a replacement delivery is made under the warranty for defects.

7.2 The limitations on liability and shortened time limits set forth above do not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• for goods that, when used in the manner for which they are ordinarily intended, were used in a structure and caused its defectiveness,
• regarding any obligation the seller may have to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 In addition, for business owners, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is acting as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Section 377 of the HGB applies. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.

7.5 If the customer is acting as a consumer, he or she is asked to file a complaint with the delivery company regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so will have no effect on the customer’s statutory or contractual claims for defects.

8) Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims—including tort claims—for damages and reimbursement of expenses as follows:

8.1 The seller is fully liable for any legal cause

• in cases of willful misconduct or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• based on a warranty promise, unless otherwise specified in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2 Handelt der Kunde als Verbraucher mit Sitz in Deutschland oder als Unternehmer, gelten folgende Haftungsbeschränkungen:

Verletzt der Verkäufer fahrlässig eine wesentliche Vertragspflicht, ist seine Haftung auf den vertragstypischen, vorhersehbaren Schaden begrenzt, sofern er nicht gemäß vorstehender Ziffer unbeschränkt haftet. Wesentliche Vertragspflichten sind Pflichten, die der Vertrag dem Verkäufer nach seinem Inhalt zur Erreichung des Vertragszwecks auferlegt, deren Erfüllung die ordnungsgemäße Durchführung des Vertrags überhaupt erst ermöglicht und auf deren Einhaltung der Kunde regelmäßig vertrauen darf. Im Übrigen ist eine Haftung des Verkäufers ausgeschlossen, sofern er nicht gemäß vorstehender Ziffer unbeschränkt haftet.

8.3 The foregoing liability provisions also apply with respect to the Seller’s liability for its agents and legal representatives.

9) Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications

9.1 If, under the terms of the contract, the seller is obligated not only to deliver the goods but also to process them according to the customer’s specific specifications, the customer must provide the seller with all content required for processing—such as text, images, or graphics—in the file formats, formatting, image sizes, and file sizes, and grant the seller the necessary rights of use. The customer is solely responsible for obtaining and acquiring the rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that this does not infringe upon any third-party rights, including, but not limited to, copyrights, trademark rights, and personality rights.

9.2 The Customer shall indemnify the Seller against any claims by third parties that such third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s use of the Customer’s content in accordance with the contract. The Customer shall also bear the necessary costs of legal defense, including all court and attorney’s fees in the amounts prescribed by law. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obligated to provide the Seller immediately, truthfully, and completely with all information necessary to assess the claims and mount a defense.

9.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates any legal or regulatory prohibitions or is contrary to public decency. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Governing Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11) Alternative Dispute Resolution

The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.