Terms of service

General Terms and Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Contractual Right of Withdrawal
  4. Prices and Payment Terms
  5. Delivery and Shipping Terms
  6. Force Majeure
  7. Delay in Performance at Customer's Request
  8. Retention of Title
  9. Defects Liability / Warranty
  10. Liability
  11. Statute of Limitations
  12. Retention, Assignment
  13. Special Conditions for the Processing of Goods According to Specific Customer Requirements
  14. Applicable Law, Place of Jurisdiction

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "GTC") of Schmuckkollektiv GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods that an entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own conditions is hereby rejected unless otherwise agreed.

1.2 These GTC also apply exclusively if the Seller carries out delivery to the Customer in full knowledge of terms that contradict or deviate from these conditions, without making a specific reservation.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally competent partnership that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of Contract

2.1 The product descriptions displayed in the Seller’s online shop do not constitute binding offers from the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller’s online shop. In doing so, the Customer, after placing the selected goods and/or services in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contract offer by clicking the button that concludes the order process. Furthermore, the Customer may also submit the offer to the Seller by email.

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), whereby the receipt of the order confirmation by the Customer is decisive, or
  • Delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
  • Requesting payment from the Customer after the order has been placed, or
  • If direct debit is offered and the Customer chooses this payment method, by debiting the total price from the Customer’s bank account, whereby the time at which the Customer’s account is charged is decisive.

If several of the above alternatives exist, the contract is concluded at the time when one of the above alternatives first occurs. The acceptance period of the offer begins the day after the Customer submits the offer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within this period, this is considered a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., under the PayPal user agreement, available at: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the Customer does not have a PayPal account, the terms for payments without a PayPal account apply, available at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays via a PayPal-offered payment method, the Seller declares acceptance of the Customer’s offer at the time the Customer clicks the button to complete the order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and is sent to the Customer in text form (e.g., email, fax, or letter) after their order has been sent. Beyond this, the contract text is not made accessible by the Seller. If the Customer has set up a user account in the Seller’s online shop before submitting their order, the order data is archived on the Seller’s website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

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

2.8 Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received. The Customer must particularly ensure that SPAM filters do not block emails sent by the Seller or third parties authorized by the Seller to process the order.

2.9 If the parties agree on special conditions, these generally do not apply to simultaneous and future contractual relationships with the Customer.

2.10 In the event of the Customer's economic inability to fulfill their obligations towards the Seller, the Seller may terminate existing exchange contracts with the Customer immediately by withdrawal. This also applies if the Customer applies for insolvency. § 321 BGB and § 112 InsO remain unaffected. The Customer must inform the Seller in writing at an early stage about an impending inability to pay.

3) Contractual Right of Withdrawal

The Seller grants the Customer a contractual right of withdrawal under the following conditions:

3.1 The Customer has the right to withdraw from the contract within 30 days without giving any reason. The withdrawal period is 30 days from the day on which the Customer or a third party named by them, who is not the carrier, has taken possession of the last item.

3.2 To exercise the right of withdrawal, the Customer must inform the Seller by means of a clear declaration in text form (e.g., a letter sent by post, fax, or email) of their decision to withdraw from the contract. To meet the withdrawal deadline, it is sufficient for the Customer to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

3.3 If the Customer withdraws from the contract properly and within the deadline, the Seller will reimburse the purchase price paid by the Customer, but not the costs for shipping or any payment method fees. The refund will be made within fourteen days from the day the Seller receives the notification of withdrawal.

3.4 The Seller may refuse the refund until they have received the goods back in full.

3.5 The Customer must return the goods to the Seller without delay and no later than fourteen days from the day they notify the Seller of the withdrawal. The deadline is met if the Customer sends the goods before the fourteen-day period expires.

3.6 The Customer bears the costs and risk of returning the goods.

3.7 The Customer is liable for any diminished value of the goods as per legal provisions.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are net prices, which are subject to the statutory value-added tax. Packaging and shipping costs, loading, insurance (especially transport insurance), customs duties, and fees may be charged separately.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which the seller is not responsible for and must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., bank transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise for money transfers even if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The customer has various payment options available, which are specified in the seller's online shop.

4.4 A payment is considered received as soon as the equivalent amount has been credited to one of the seller's accounts. In the event of default in payment, the seller is entitled to default interest of 10 percentage points above the applicable base interest rate. The seller's other statutory rights in the event of customer payment default remain unaffected. If claims are overdue, incoming payments are first credited to any costs and interest, then to the oldest claim.

4.5 If unforeseen cost increases occur (e.g., currency fluctuations, unexpected supplier price increases), the seller is entitled to pass on the price increase to the customer. However, this only applies if the delivery is agreed to take place later than four months after the contract was concluded.

4.6 If a payment method offered via the "Klarna" payment service is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, available at:

https://b2b.luamaya.com/pages/zahlungsarten

5) Delivery and Shipping Conditions

5.1 The delivery of goods takes place via shipping to the delivery address specified by the customer unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.

5.2 The seller is entitled to make partial deliveries as long as this is reasonable for the customer. In the case of permissible partial deliveries, the seller is also entitled to issue partial invoices.

5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not the seller's responsibility and the seller has made a reasonable covering transaction with the supplier. The seller will make all reasonable efforts to procure the goods. In case of unavailability or only partial availability of the goods, the customer will be informed immediately, and any payment will be refunded without delay.

5.4 The risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated to carry out the shipment. This also applies if the seller bears the transport costs. Transport insurance is provided only upon special request and at the customer's expense.

5.5 If the shipment of the goods to the customer is delayed for reasons for which the customer is responsible, the risk is transferred to the customer as soon as the seller notifies them of the shipment's readiness. Any storage costs incurred after the transfer of risk must be borne by the customer.

5.6 Self-collection is not possible for logistical reasons.

6) Force Majeure

In the event of force majeure events affecting contract fulfillment, the seller is entitled to postpone delivery for the duration of the impediment or withdraw from the contract in the case of long-term delays without any claims arising against the seller. Force majeure includes all unforeseen events beyond the seller's control that could not be prevented by reasonable efforts. Any statutory claims of the customer remain unaffected.

7) Delay in Performance at Customer's Request

If shipment or delivery is delayed by more than one month after notification of shipment readiness at the customer's request, a storage fee of 0.5% of the purchase price per additional month may be charged, up to a maximum of 5% of the purchase price. The right to prove higher or lower damages remains reserved for both parties.

8) Retention of Title

8.1 The seller retains ownership of the delivered goods until the full purchase price has been paid. Furthermore, the seller retains ownership of the delivered goods until all claims arising from the business relationship with the customer have been settled.

8.2 If the delivered goods are processed, the seller is considered the manufacturer and acquires ownership of the newly created goods. If processing occurs together with other materials, the seller acquires co-ownership in proportion to the invoice value of its goods relative to the other materials.

8.3 Goods subject to retention of title or legal reservation may not be pledged or assigned as security by the customer. Resale is only permitted in the ordinary course of business if the customer's claims against their buyers have been effectively assigned to the seller and the customer transfers ownership subject to payment. The customer assigns their claims from such resales to the seller upon contract conclusion.

8.4 If third parties access the seller's retained goods or assigned claims, the customer must inform the seller immediately. The customer must forward collected payments to the seller immediately if the seller's claims are due.

8.5 If the value of the seller's security rights exceeds the secured claims by more than 10%, the seller will release a corresponding share of the security rights at the customer's request.

9) Defect Liability / Warranty

If the purchased item is defective, the statutory provisions on defect liability shall apply. Deviating from this, the following applies:

9.1 Claims for defects shall not arise in cases of natural wear and tear or damage that occurs after the transfer of risk due to improper or negligent handling, excessive strain, unsuitable operating materials, or special external influences that were not foreseen in the contract. If the customer or a third party carries out improper modifications or repair work, no claims for defects shall exist for these and their consequences, unless the customer can prove that the reported defect was not caused by these modifications or repair work.

9.2 For new goods, the limitation period for defect claims is one year from the date of delivery. For used goods, rights and claims for defects are excluded.

9.3 The above limitations of liability and shortened limitation periods do not apply:

  • to goods that, according to their usual use, have been used in a building and have caused its defectiveness,
  • to claims for damages and reimbursement of expenses by the customer,
  • in cases where the seller has fraudulently concealed the defect, and
  • to the right of recourse under § 445a BGB.

9.4 In the case of subsequent performance, the seller has the right to choose between rectification and replacement delivery.

9.5 If a replacement delivery is made as part of the defect liability, the limitation period does not restart.

9.6 If subsequent performance is carried out through a replacement delivery, the customer is obliged to return the originally delivered goods to the seller within 30 days. The return package must include the reason for the return, the customer's name, and the number assigned to the purchase of the defective goods, enabling the seller to identify the returned goods. If the assignment of the return is not possible due to reasons for which the customer is responsible, the seller is not obliged to accept the returned goods or refund the purchase price. The customer bears the costs of any reshipment.

9.7 If the seller delivers a defect-free item for the purpose of subsequent performance, the seller may claim compensation for use from the customer in accordance with § 346 (1) BGB. Other statutory claims remain unaffected.

9.8 If the customer is a merchant within the meaning of § 1 HGB, he is subject to the commercial duty of inspection and notification of defects under § 377 HGB. If the customer fails to fulfill these notification obligations, the goods shall be deemed approved.

10) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

10.1 The seller is liable without limitation for:

  • intent or gross negligence,
  • intentional or negligent injury to life, body, or health,
  • any warranty promise, unless otherwise regulated,
  • mandatory liability, such as under the Product Liability Act.

10.2 If the seller negligently breaches a material contractual obligation, liability is limited to foreseeable, contract-typical damages, unless unlimited liability applies according to the above clause. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies.

10.3 Otherwise, the seller's liability is excluded.

10.4 The above liability provisions also apply to the seller’s liability for its agents and legal representatives.

11) Limitation Period

Claims of the customer against the seller shall become time-barred – except for claims regulated under the "Defect Liability / Warranty" section – within one year from the date the customer becomes aware of the facts giving rise to the claim, but no later than five years after performance, unless unlimited liability applies under the previous section.

12) Retention, Assignment

12.1 The customer has no right of retention or refusal of performance unless the seller does not dispute the underlying counterclaims or they have been legally established.

12.2 The assignment of claims from the contract concluded with the customer by the customer, particularly the assignment of any defect claims, is excluded.

13) Special Conditions for Processing Goods According to Customer Specifications

13.1 If, under the contract, the seller owes not only the delivery of goods but also the processing of the goods according to the customer’s specifications, the customer must provide all necessary content for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the seller. The customer must also grant the seller the necessary usage rights. The customer is solely responsible for obtaining and acquiring rights to these contents. The customer declares and assumes responsibility that they have the right to use the contents provided to the seller and, in particular, that no third-party rights are violated, including copyright, trademark, or personal rights.

13.2 The customer indemnifies the seller against any claims from third parties arising from the seller’s contractual use of the customer's contents. This also includes reasonable legal defense costs, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the infringement. In the event of claims by third parties, the customer must immediately, truthfully, and completely provide all necessary information to the seller for assessing the claims and defending against them.

13.3 The seller reserves the right to reject processing orders if the content provided by the customer violates legal or regulatory prohibitions or moral standards. This applies particularly to unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or violence-glorifying content.

14) Applicable Law, Jurisdiction

14.1 All legal relationships between the parties are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods.

14.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law with a registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's business location. If the customer's registered office is outside the territory of the Federal Republic of Germany, the seller's business location shall be the exclusive place of jurisdiction for all disputes arising from this contract. However, the seller shall always be entitled to bring an action at the customer's place of business.