General Terms and Conditions and Customer Information
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Jil Holtmann) via the website www.jilinajewelry.com. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is expressly excluded.
(2) For the purposes of the following provisions, a consumer is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to their trade or self-employed professional activity. An entrepreneur is any natural or legal person or body of persons with legal capacity that, when entering into a legal transaction, acts in the course of their self-employed professional or trade activity.
§ 2 Conclusion of the Contract
(1) The subject matter of the contract is the sale of goods.
(2) By listing the respective product on our website, we are making a binding offer to you to conclude a contract on the terms specified in the product description.
(3) The contract is concluded via the online shopping cart system as follows:
The goods you intend to purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes at any time.
After accessing the "checkout" page and entering your personal details as well as the payment and shipping terms, all order details are finally displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as your payment method, you will either be directed to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, you will make the corresponding selection or enter your details there. Finally, you will be directed back to the order overview page in our online shop.
Before submitting the order, you have the opportunity to review all details here, make changes (also using the "back" function of the internet browser), or cancel the purchase.
By submitting the order via the "buy" button, you legally accept the offer, thereby concluding the contract.
(4) The processing of the order and the transmission of all information required for the conclusion of the contract are carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Right of Retention, Reservation of Title
(1) You may only exercise a right of retention to the extent that the claims arise from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price has been received.
§ 4 Warranty
(1) Statutory rights regarding liability for defects apply.
(2) As a consumer, you are requested to check the goods upon delivery immediately for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so does not affect your statutory warranty claims.
§ 5 Choice of Law
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by the mandatory provisions of the law of the state where the consumer has their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
II. Customer Information
1. Identity of the Seller
Jil Holtmann
Pariser Strasse 100
40549 Dusseldorf
Germany
Telephone: 01627611634
Email: jilina.jewelry@gmail.com
Alternative Dispute Resolution:
The European Commission provides an online dispute resolution platform (ODR platform), accessible at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information on the Conclusion of the Contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are governed by the provisions "Conclusion of the Contract" in our General Terms and Conditions (Part I).
3. Contract Language, Storage of Contract Text
3.1. The contract language is German.
3.2. We do not store the full contract text. Before submitting the order via the online shopping cart system, the contract data can be printed using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.
4. Essential Features of the Goods or Services
The essential features of the goods and/or services are set out in the respective offer.
5. Prices and Payment Terms
5.1. The prices stated in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. The applicable shipping costs are not included in the purchase price. They can be accessed via a correspondingly labeled button on our online presence or in the respective offer, will be shown separately during the ordering process, and must be paid by you in addition, unless free shipping has been promised.
5.3. If delivery takes place to countries outside the European Union, additional costs not attributable to us may arise, such as customs duties, taxes, or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you must bear.
5.4. Any money transfer costs incurred (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where delivery takes place to an EU member state, but payment was initiated outside the European Union.
5.5. The payment methods available to you are set out under a correspondingly labeled button on our online presence or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, the payment obligations arising from the concluded contract are due immediately.
6. Delivery Terms
6.1. The delivery terms, the delivery date, and any applicable delivery restrictions can be found under a correspondingly labeled button on our online presence or in the respective offer.
6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss or accidental deterioration of the sold goods during shipping only passes to you upon delivery of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not designated by the entrepreneur or another person appointed to carry out the shipment.
7. Statutory Liability for Defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and Customer Information were created by the IT law specialists of the Händlerbund and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and accepts liability in the event of cease-and-desist orders. Further information on this can be found at: https://www.haendlerbund.de/agb-service (https://www.haendlerbund.de/agb-service).
last update: 19.11.2018