Terms and Conditions
General terms and conditions of business
Terms and Conditions WEBSHOP
The following General Terms and Conditions (GTC) also contain legal information about your rights under the regulations on distance selling and electronic commerce.
§ 1 Scope, definitions
(1) The business relationship between ZeitlosSchmuckDesign, sole owner Uwe Hess, Egerlandstrasse 31, 73240 Wendlingen (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of the order.
(2) The range of products in our web shop is aimed equally at consumers and entrepreneurs. For the purposes of these General Terms and Conditions, a "consumer" is any natural person who concludes the contract for a purpose that cannot be attributed to either their commercial or their independent professional activity (Section 13 of the German Civil Code - BGB). An "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity (Section 14 Paragraph 1 of the German Civil Code).
(3) The customer’s terms and conditions will not be accepted unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The offers in the web shop are non-binding.
(2) The languages available for concluding the contract are German and English.
(3) The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking on the "Add to shopping cart" button. By clicking on the "Submit order" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. The customer can also correct input errors by navigating backwards in the browser or canceling the ordering process and starting over. However, the application can only be submitted and transmitted if the customer accepts these contractual conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his application.
(4) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email.
(5) When ordering in the provider’s online shop, the contract is concluded with:
Uwe Hess
TimelessJewelryDesign
Egerlandstrasse 31
73240 Wendlingen
Email: uwe_hess@gmx.de
§ 3 Storage of the contract text
The provider sends the customer an order confirmation with all information to the email address provided by the customer. The customer also has the option of printing out both the general terms and conditions and the order with all the data entered during the ordering process. The customer can view his order and the general terms and conditions again at any time by entering his personal access data under "Log in to the shop" via the customer account created by the customer when making the first purchase.
§ 4 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax and other price components. Shipping costs are not included in the stated prices.
(2) The corresponding shipping costs are clearly indicated to the customer on the product pages, in the shopping cart and in the order form and are to be borne by the customer.
§ 5 Shipping and return costs (cost-bearing agreement)
If the customer exercises his right of withdrawal in accordance with Section 12 of these General Terms and Conditions, he must bear the regular costs of return.
§ 6 Terms of payment
(1) The customer can pay in advance or via PayPal.
(2) When paying in advance, the customer will be informed of the amount and period of payment as well as our bank details by email as soon as the delivery is ready for dispatch.
(3) PayPal is an external payment service. In order to pay via PayPal, the customer needs a PayPal account. Depending on PayPal's processing time, it may take a few days to fully use the PayPal account. If the customer decides to pay via PayPal on the order page, he will be redirected to PayPal and can either open a new account there or log into his existing PayPal account with his email address and password. He then makes the payment using the instructions provided there. When paying via PayPal, the ordered goods will be dispatched as soon as the provider receives confirmation from PayPal that the transaction has been successfully completed.
§ 7 Delivery
The customer can find information about delivery times on the product detail pages.
§ 8 Transfer of risk
(1) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance.
(2) If the customer is an entrepreneur, the risk shall pass to the customer upon delivery of the goods to the transport company.
§ 9 Retention of title
(1) The delivered goods remain the property of the provider until the purchase price has been paid in full (including sales tax and shipping costs).
(2) The following applies only to entrepreneurs: The customer is not entitled to resell the goods delivered by the provider and subject to retention of title without the prior written consent of the provider. In the event of any resale, the customer hereby assigns to the provider the claims from the resale up to the amount of the purchase price to be paid to the provider plus a surcharge of 20%. The provider hereby authorizes the customer to collect the claims thus assigned in the ordinary course of business, whereby the provider can revoke this authorization at any time in the event of default in payment by the customer.
§ 10 Warranty for material defects, guarantee
(1) If the delivered goods are defective, the customer can, at his discretion, first demand that the provider remedy the defect or deliver goods that are free of defects. The provider can refuse the type of subsequent performance chosen by the buyer if this is only possible at disproportionate costs.
(2) If the subsequent performance pursuant to Section 10 Paragraph 1 fails or is unreasonable for the customer or the provider refuses subsequent performance, the customer is entitled, in accordance with the applicable law, to withdraw from the purchase contract, reduce the purchase price or demand compensation or reimbursement of his wasted expenses. The special provisions of Section 11 of these General Terms and Conditions also apply to the customer's claims for compensation.
(3) The warranty period shall be two years from delivery of the item to the customer if the customer is a consumer; if the customer is an entrepreneur, the warranty period shall be twelve months from delivery.
(4) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after delivery. The delivered goods are deemed to have been approved by the customer if a defect is not reported to the provider (i) in the case of obvious defects within five working days of delivery or otherwise (ii) within five working days of discovery of the defect.
(5) A guarantee only exists for the products delivered by the provider if this was expressly stated in the order confirmation for the respective article.
§ 11 Liability
(1) The customer's claims for damages are excluded. Excluded from this exclusion of claims are the customer's claims for damages arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 12 Customer’s right of withdrawal
The customer has the right to withdraw under the following conditions:
- Cancellation policy -
Right of withdrawal
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is given to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EGBGB and our obligations in accordance with § 312e Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be sent to:
Uwe Hess
TimelessJewelryDesign
Egerlandstrasse 31
73240 Wendlingen
Email: uwe_hess@gmx.de
Consequences of revocation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the item by not using the item as if it were your own property and refraining from doing anything that impairs its value. Items that can be sent by parcel must be returned at our risk. You must bear the cost of returning the goods if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent as a parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. For you, the period begins when you send your cancellation notice or the item, and for us when we receive it.
Financed transactions
If you have financed this contract with a loan and you revoke the financed contract, you are no longer bound to the loan contract if both contracts form an economic unit. This is particularly the case if we are also your lender or if your lender uses our cooperation to finance the loan. If we have already received the loan when the revocation or return takes effect, your lender will assume our rights and obligations from the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the subject of this contract is the acquisition of financial instruments (e.g. securities, foreign currencies or derivatives). If you want to avoid a contractual obligation as far as possible, revoke both contractual declarations separately.
- End of cancellation policy -
Note: Regarding the reimbursement of shipping costs, please see § 5 paragraph 2
(1) The customer has the option at any time to access, change or delete the data stored by him under the button “My data” in his profile.
§ 14 Final provisions
(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant within the meaning of Section 1 Paragraph 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the relevant contractual relationships between the customer and the provider is the registered office of the provider. In all other cases, the provider or the customer can bring an action before any court that has jurisdiction under statutory provisions.
(3) Even if individual provisions are legally ineffective, the contract shall remain binding in its remaining parts.
Terms and Conditions WEBSHOP
The following General Terms and Conditions (GTC) also contain legal information about your rights under the regulations on distance selling and electronic commerce.
§ 1 Scope, definitions
(1) The business relationship between ZeitlosSchmuckDesign, sole owner Uwe Hess, Egerlandstrasse 31, 73240 Wendlingen (hereinafter referred to as “Provider”) and the customer (hereinafter referred to as “Customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of the order.
(2) The range of products in our web shop is aimed equally at consumers and entrepreneurs. For the purposes of these General Terms and Conditions, a "consumer" is any natural person who concludes the contract for a purpose that cannot be attributed to either their commercial or their independent professional activity (Section 13 of the German Civil Code - BGB). An "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of their commercial or independent professional activity (Section 14 Paragraph 1 of the German Civil Code).
(3) The customer’s terms and conditions will not be accepted unless the provider expressly agrees to their validity in writing.
§ 2 Conclusion of contract
(1) The offers in the web shop are non-binding.
(2) The languages available for concluding the contract are German and English.
(3) The customer can select products from the provider's range and collect them in a so-called shopping cart by clicking on the "Add to shopping cart" button. By clicking on the "Submit order" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. The customer can also correct input errors by navigating backwards in the browser or canceling the ordering process and starting over. However, the application can only be submitted and transmitted if the customer accepts these contractual conditions by clicking on the "Accept terms and conditions" button and has thereby included them in his application.
(4) The provider then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email.
(5) When ordering in the provider’s online shop, the contract is concluded with:
Uwe Hess
TimelessJewelryDesign
Egerlandstrasse 31
73240 Wendlingen
Email: uwe_hess@gmx.de
§ 3 Storage of the contract text
The provider sends the customer an order confirmation with all information to the email address provided by the customer. The customer also has the option of printing out both the general terms and conditions and the order with all the data entered during the ordering process. The customer can view his order and the general terms and conditions again at any time by entering his personal access data under "Log in to the shop" via the customer account created by the customer when making the first purchase.
§ 4 Prices and shipping costs
(1) All prices stated on the provider's website include the applicable statutory sales tax and other price components. Shipping costs are not included in the stated prices.
(2) The corresponding shipping costs are clearly indicated to the customer on the product pages, in the shopping cart and in the order form and are to be borne by the customer.
§ 5 Shipping and return costs (cost-bearing agreement)
If the customer exercises his right of withdrawal in accordance with Section 12 of these General Terms and Conditions, he must bear the regular costs of return.
§ 6 Terms of payment
(1) The customer can pay in advance or via PayPal.
(2) When paying in advance, the customer will be informed of the amount and period of payment as well as our bank details by email as soon as the delivery is ready for dispatch.
(3) PayPal is an external payment service. In order to pay via PayPal, the customer needs a PayPal account. Depending on PayPal's processing time, it may take a few days to fully use the PayPal account. If the customer decides to pay via PayPal on the order page, he will be redirected to PayPal and can either open a new account there or log into his existing PayPal account with his email address and password. He then makes the payment using the instructions provided there. When paying via PayPal, the ordered goods will be dispatched as soon as the provider receives confirmation from PayPal that the transaction has been successfully completed.
§ 7 Delivery
The customer can find information about delivery times on the product detail pages.
§ 8 Transfer of risk
(1) If the customer is a consumer, the risk of accidental destruction, accidental damage or accidental loss of the delivered goods shall pass to the customer at the time the goods are delivered to the customer or the customer defaults on acceptance.
(2) If the customer is an entrepreneur, the risk shall pass to the customer upon delivery of the goods to the transport company.
§ 9 Retention of title
(1) The delivered goods remain the property of the provider until the purchase price has been paid in full (including sales tax and shipping costs).
(2) The following applies only to entrepreneurs: The customer is not entitled to resell the goods delivered by the provider and subject to retention of title without the prior written consent of the provider. In the event of any resale, the customer hereby assigns to the provider the claims from the resale up to the amount of the purchase price to be paid to the provider plus a surcharge of 20%. The provider hereby authorizes the customer to collect the claims thus assigned in the ordinary course of business, whereby the provider can revoke this authorization at any time in the event of default in payment by the customer.
§ 10 Warranty for material defects, guarantee
(1) If the delivered goods are defective, the customer can, at his discretion, first demand that the provider remedy the defect or deliver goods that are free of defects. The provider can refuse the type of subsequent performance chosen by the buyer if this is only possible at disproportionate costs.
(2) If the subsequent performance pursuant to Section 10 Paragraph 1 fails or is unreasonable for the customer or the provider refuses subsequent performance, the customer is entitled, in accordance with the applicable law, to withdraw from the purchase contract, reduce the purchase price or demand compensation or reimbursement of his wasted expenses. The special provisions of Section 11 of these General Terms and Conditions also apply to the customer's claims for compensation.
(3) The warranty period shall be two years from delivery of the item to the customer if the customer is a consumer; if the customer is an entrepreneur, the warranty period shall be twelve months from delivery.
(4) The following applies only to entrepreneurs: The customer must carefully inspect the goods immediately after delivery. The delivered goods are deemed to have been approved by the customer if a defect is not reported to the provider (i) in the case of obvious defects within five working days of delivery or otherwise (ii) within five working days of discovery of the defect.
(5) A guarantee only exists for the products delivered by the provider if this was expressly stated in the order confirmation for the respective article.
§ 11 Liability
(1) The customer's claims for damages are excluded. Excluded from this exclusion of claims are the customer's claims for damages arising from injury to life, body or health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the damage typical for the contract and foreseeable if this was caused by simple negligence, unless the customer has claims for damages arising from injury to life, body or health.
(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the provider’s legal representatives and vicarious agents if claims are asserted directly against them.
(4) The provisions of the Product Liability Act remain unaffected.
§ 12 Customer’s right of withdrawal
The customer has the right to withdraw under the following conditions:
- Cancellation policy -
Right of withdrawal
You can revoke your contractual declaration within 14 days without giving reasons in text form (e.g. letter, fax, email) or - if the item is given to you before the deadline expires - by returning the item. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations in accordance with Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 EGBGB and our obligations in accordance with § 312e Paragraph 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. To comply with the cancellation period, it is sufficient to send the cancellation or the item in good time. The cancellation must be sent to:
Uwe Hess
TimelessJewelryDesign
Egerlandstrasse 31
73240 Wendlingen
Email: uwe_hess@gmx.de
Consequences of revocation
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) must be surrendered. If you are unable to return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation for the value. This does not apply to the surrender of items if the deterioration of the item is solely due to its inspection - as would have been possible for you in a store, for example. In addition, you can avoid the obligation to pay compensation for deterioration caused by the intended use of the item by not using the item as if it were your own property and refraining from doing anything that impairs its value. Items that can be sent by parcel must be returned at our risk. You must bear the cost of returning the goods if the goods delivered correspond to those ordered and if the price of the item to be returned does not exceed an amount of 40 euros or if, in the case of a higher price of the item, you have not yet paid the consideration or a contractually agreed partial payment at the time of cancellation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent as a parcel will be picked up from you. Obligations to refund payments must be fulfilled within 30 days. For you, the period begins when you send your cancellation notice or the item, and for us when we receive it.
Financed transactions
If you have financed this contract with a loan and you revoke the financed contract, you are no longer bound to the loan contract if both contracts form an economic unit. This is particularly the case if we are also your lender or if your lender uses our cooperation to finance the loan. If we have already received the loan when the revocation or return takes effect, your lender will assume our rights and obligations from the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter does not apply if the subject of this contract is the acquisition of financial instruments (e.g. securities, foreign currencies or derivatives). If you want to avoid a contractual obligation as far as possible, revoke both contractual declarations separately.
- End of cancellation policy -
Note: Regarding the reimbursement of shipping costs, please see § 5 paragraph 2
(1) The customer has the option at any time to access, change or delete the data stored by him under the button “My data” in his profile.
§ 14 Final provisions
(1) Contracts between the provider and the customer are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant within the meaning of Section 1 Paragraph 1 of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with the relevant contractual relationships between the customer and the provider is the registered office of the provider. In all other cases, the provider or the customer can bring an action before any court that has jurisdiction under statutory provisions.
(3) Even if individual provisions are legally ineffective, the contract shall remain binding in its remaining parts.