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General Terms and Conditions
The terms and conditions hereinafter are compiled in the English language, and can be downloaded by the customer into his/her computer’s RAM. They may also be requested to be sent in digital or written form under www.schmuckanthony.de or under the e-mail address malika.anthony@t-online.de. The English language version is for information purposes only, the legally binding version shall be the German language text exclusively.
The valid address for service of documents for Modeschmuck & Accessoires Malika Anthony as well as the details of the person with authority of representation can in particular be seen from the invoice.
Recital
Modeschmuck & Accessoires Malika Anthony operates a homepage for commercial purposes on the domain http://www.schmuckanthony.de. On those websites, Modeschmuck & Accessoires Malika Anthony offers the customer products for purchase via the internet.
1. Scope of application and provider
The present General Terms and Conditions apply for all orders placed by persons to be regarded as consumers under the definition in section 13 BGB (Bürgerliches Gesetzbuch – German Civil Code) with Malika Anthony, headquarters: Lichtenbergerstr.40, 77866 Rheinau (hereinafter referred to as "Modeschmuck Anthony"). A consumer as defined in section 13 BGB is every natural person concluding a legal transaction for a purpose which is not to be attributed to this person’s commercial or self-employed professional activity. Purchase contracts on the website http://www.schmuckanthony.de are concluded with the confirmation of the order by Modeschmuck Anthony, at the latest, however, upon acceptance of the goods without reservation by the customer. The product illustrations in the online shop serve to obtain the offer for the conclusion of a purchase contract. Should we not respond to a customer’s offer within 5 days from its receipt, the offer shall be deemed to have been refused. You issue a binding offer if you have completed the online order process by filling in the data required there, and clicking the button “send order” in the last step of the order process. The conclusion of the contract shall take place in the German language exclusively. The confirmation of the receipt of an order does not constitute an acceptance of the purchase contract offered. Should our order confirmation contain spelling or printing mistakes, or should our price calculation be based on transmission errors caused by technical problems, we are entitled to declare avoidance of the contract, provided that we shall be obligated to prove our error to you. Any payments already effected shall be reimbursed to you immediately.
3. Notification on cancellation rights (Online Shop www.schmuckanthony.de)
You may cancel your declaration regarding this contract within 14 days, without the necessity of providing reasons for this cancellation, in text form (e.g. letter, e-mail), or by returning the goods. The 14-day period shall begin on the day of receipt of this notification in text form (e.g. letter, e-mail), however, not before the day delivery of the goods is received. A timely dispatch of the cancellation declaration or of the goods shall suffice to meet the deadline. The cancellation declaration is to be directed to:
Modeschmuck Malika Anthony, Lichtenbergerstr.40, D-77866 Rheinau, Germany (malika.anthony@t-online.de)
The costs incurred for the return shipment will be credited to your account upon receipt of the goods. In compliance with the statutory provisions, any goods produced according to customer specifications as well as software, audio or video recordings where you have unsealed the delivered data carriers may not be returned. In cases of an effective cancellation, each party shall return the received services and any capitalised use (e.g. interest) is to be reimbursed. If you are unable to return the received services, either completely or in part, or only in a deteriorated condition, you may insofar be obligated to reimburse us for the loss in value.
This shall not apply for objects provided if the deterioration of the objects is caused exclusively by the examination of these objects – in a way which would also have been possible in a regular retail shop. You will also be able to avoid your obligation to compensate for a loss in value by not commencing to utilise the objects in a way an owner would, and by not doing anything which may impair their value. Goods capable of being sent as a package generally are to be sent back. You shall be obligated to bear the costs for return shipment if the goods delivered correspond to the goods ordered, and if the price of the goods to be sent back does not exceed a value of 40.00 Euro, or - should the price be higher - if you had at the time of the cancellation declaration not effected the counter-performance or a partial payment which may have been agreed in the contract. In all other cases the return shipment shall be free of charges for you. Goods which are not capable of being sent as packages shall be collected from your location. We shall generally fulfil any obligations to reimburse payments within 30 days from the dispatch of your cancellation declaration. If possible, please do not send the goods freight collect, but as an insured parcel, and keep the dispatch receipt, or use our gratuitous return service. If possible, please return the goods in their original packaging with all parts of the packaging, and, if necessary, please use protective secondary packaging.
If the original packaging is no longer available, please ensure by means of suitable packaging that the goods are sufficiently protected against damage during transport. Objects which are not capable of being sent as packages will be collected from your location.
Financed transactions
If you have financed this contract by means of a loan, and cancel the financed contract, you will no longer be bound to the loan contract either if both contracts form an economic entity. This will in particular be assumed if we are the lender at the same time, or if your lender uses our cooperation with regard to the financing. If we have already received payment from the loan at the time the cancellation becomes effective or the goods are returned, you may assert your claims regarding the unwinding of the contract not only against ourselves but also against your lender. The latter does not apply if the object of the present contract is the purchase of securities, foreign currency, derivates or precious metals.
4. Delivery
The sale of the products shall only take place for private purposes and in quantities which are normal for private households. Modeschmuck Anthony shall provide delivery “while stocks last”. If the ordered product is not available because Modeschmuck Anthony has not been provided with this product by its supplier due to no fault of its own, Modeschmuck Anthony may withdraw from the contract. In such cases, Modeschmuck Anthony shall inform you immediately and shall, if applicable, suggest delivery of a comparable product. Should no comparable product be available or should you not wish to be delivered a comparable product, Modeschmuck Anthony shall reimburse you immediately for any payments you may already have effected. Should delivery of the goods fail in spite of three delivery attempts, Modeschmuck Anthony may withdraw from the contract. Any payments you may have effected will be reimbursed to you immediately. Should goods not be available, you will be automatically informed by e-mail of the status of your order once every 4 days. If all products are in stock, deliveries usually leave our warehouse within 3 working days, unless otherwise stated in the offer. Orders which are to be carried out as express shipments will, if all products are on stock, usually leave our warehouse on the same day. You will automatically receive an e-mail if products from your order are not available for delivery. If not all ordered products are in stock, we are entitled to effect partial deliveries at our cost, in as far as this is reasonable for you.
5. Prices
The prices stipulated on the product pages include statutory value added tax and any other price components and are plus freight, plus any applicable transport insurances which will be shown separately. Payment may, at your choice, be effected by advance payment, Pay-Pal or direct debit. We reserve the right to exclude certain methods of payment. If you pay via credit card or direct debit, we shall initiate payment upon dispatch of the goods.
6. Shipping costs
For deliveries within Germany, Modeschmuck Anthony shall charge the shipping costs per order stipulated in detail at the end of each order. For shipments abroad, shipping costs will be charged according to the amount of the costs incurred.
7. Payment terms
Payments shall be effected at your choice either as advance payments, via Pay-Pal or direct debit. You shall only have the right to set off any counter-claims which have been finally determined by a court or have been acknowledged by Modeschmuck Anthony in writing or are undisputed. You may only exercise retention rights if your claims originate from the same legal relationship.
8. Reservation of title
Up until the time complete payment has been effected, the goods shall remain the property of Modeschmuck Anthony. Prior to the time of the transfer of title, you are not permitted to pledge the goods, transfer them as security, process them or modify them without Modeschmuck Anthony’s consent.
9. Transport damage
If delivered goods show obvious transport damages, please report such defects to the forwarder if possible, and contact Modeschmuck Anthony as quickly as possible, preferably via e-mail. If you fail report the defects or to contact us, this will not have any consequences with regard to your statutory warranty claims. You will, however, help Modeschmuck Anthony in asserting our own claims against the forwarder or the transport insurance respectively.
10. Data protection
Modeschmuck Anthony will comply with all requirements of data protection law, in particular the provisions of the TDG (Teledienstdatenschutzgesetz – German Act on the Protection of Data in Teleservices).
11. Final provisions
The contractual language is German. Should one provision contained in these terms and conditions be or become void, the remaining provisions shall remain unaffected. Modeschmuck Anthony and the customer shall replace the void provision by a valid provision which comes as close as possible to the economic intention of the contracting partners.
Version number of these Terms and Conditions: 1 last updated: 02 Oct. 2006 The cancellation rights hereinafter shall not exist if the goods ordered by you are meant to be used for your own commercial or self-employed professional activities.
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