General terms and conditions with customer information
Table of Contents
2. Contract conclusion
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
5.4 customs fees
6. Removal of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to certain requirements of the customer
9. Applicable law
10. Alternative dispute resolution
1.1 These general terms and conditions (hereinafter "AGB") of the HA online trade, acting under "Hillsjewellery" (hereinafter "seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller the goods shown by the seller in his online shop. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.
1.2 Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity. Entrepreneurs within the meaning of this GTC is a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is completed.
2) Contract conclusion
2.1 The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but are used to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer with regard to those contained in the shopWere off.
2.3 The seller can 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 is decisive in the customer, or
- by delivering the ordered goods to the customer, whereby the access of the goods is decisive for the customer, or
- by asking the customer to pay after submitting his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer bound to his declaration of intent.
2.4 When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible.
2.5 Before placing the order using the online order form of the seller, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct his entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address specified for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More information on the right of cancellation arises from the cancellation policy of the seller.
4) Prices and terms of payment
4.1 Unless otherwise resulting from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 The payment options are/will be communicated to the customer in the seller's online shop.
4.3 If the prepayment is agreed by bank transfer, the payment is due immediately after the contract is concluded if the parties have not agreed on a laterity date.
4.4 When paying by means of a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), assuming the PayPal-Use conditions, visible at https://www.paypal.com/de/webapps/mpp/ua /Useragreement-full or-if the customer does not have a PayPal account-with the validity of the conditions for payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full.
4.5 If the payment method is selected immediately, the payment processing is carried out via the payment service provider STJUB, Theresienhöhe 12, 80339 Munich (hereinafter "immediately"). In order to be able to pay the invoice amount via "immediately", the customer must have an online banking account that is freely switched to participate in "immediately", legitimize itself according to the payment process and confirm the payment instructions to "immediately". The payment transaction is carried out immediately afterwards by "immediately" and the customer's bank account is charged. The customer can call up more information about the payment method "Immediately" on the Internet at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered by the "Shopify Payments" payment service, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. To handle payments, Stripe can use other payment services, for which special payment terms may apply, which the customer may be pointed out separately. Further information on "Shopify Payments" can be found on the Internet at https://www.shopify.com/legal/terms-payments-D.
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the shipping route to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. In deviation from this, when selecting the PayPal payment method, the delivery address stored by the customer at the time of payment at PayPal is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply to the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the cancellation of the right of cancellation is effective.
5.3 Pickup is not possible for logistical reasons.
5.4 §10 customs fees: The recipient, which was set on the delivery address, can be subject to import sales tax and can be subject to fees that are collected as soon as the delivery reaches the target country.
Additional costs for customs clearance must be borne by the recipient, which was set on the delivery address. Hillsjewellery has no control over these costs and cannot predict these costs. If a willingness procedure is necessary, this can lead to delays in the delivery, which means that the delivery times originally specified by Hillsjewellery cannot be met.
6) Reference to retention of title
If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.
7) Liability for defects (warranty)
7.1 If the purchased item is poor, the provisions of the legal
Liability for defects.
7.2 The customer is asked to complain about the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not comply, this has no effect on his legal or contractual claims for defects.
8) Special conditions for the processing of goods according to certain requirements of the customer
8.1 If the seller owes the processing of the goods according to the content of the contract in addition to the goods delivery according to the customer, the customer has all the content required for the processing, such as texts, images or graphics in the file formats specified by the operator, formatting, image and to provide file sizes and to grant him the necessary usage rights. The customer is solely responsible for procurement and acquisition of rights. The customer declares and assumes that he has the right to use the content provided to the seller. In particular, he ensures that this does not violate the rights of third parties, in particular copyright, trademark and personal rights.
8.2 The customer releases the seller of claims by third parties, which this in connection with a violation of their rights by the contractual usethe contents of the customer can assert the counterpart to this. The customer also assumes the appropriate costs of the necessary legal defense, including all court and attorney costs in a statutory amount. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and fully, and fully available all information that is necessary for the examination of the claims and a defense.
8.3 The seller reserves the right to reject processing orders if the content provided by the customer violates statutory or official bans or the good customs. This applies in particular if the constitutional, racist, xenophobic, discriminatory, insulting, youth of dangerous and/or violent content.
9) Applicable law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.
10) Alternative dispute resolution
10.1 The EU Commission provides a platform on the Internet under the following link
Online dispute settlement ready: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes from online purchase or service contracts in which a consumer is involved.
10.2 The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.