GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 1 Scope & defense clause
The following general terms and conditions apply to all contracts concluded on the website https://www.magie-schmuck.de, Taraftech UG (limited liability), Herzogstraße 26 66953 Pirmasens Germany regarding the goods offered by the seller in the version valid at the time of the order the seller “Magie Schmuck” (hereinafter referred to as “seller” or “provider”) and consumers or entrepreneurs (hereinafter referred to as “buyer” or “consumer”).
A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
These general terms and conditions apply to entrepreneurs, even without separate inclusion, for all current and future contracts, deliveries and other services of the seller.
Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. Any conditions of the entrepreneur that conflict with or deviate from these general terms and conditions are hereby contradicted. These are only considered agreed between the seller and the entrepreneur if the seller expressly agrees to their validity in writing. The inclusion of a customer's general terms and conditions that contradict our general terms and conditions is already objected to.
§ 2 Registration
(1) Creating a customer account on magie-schmuck.de is optional and not required to purchase goods. If an account is opened, truthful information must be provided. If personal data changes, we ask that these changes be transferred to the customer account immediately. Otherwise there may be delivery/delivery problems (e.g. if the address changes). The account access data may not be passed on to third parties. Each customer is only allowed to create one account.
(2) A customer account can be terminated by either party at any time. Purchase contracts that have already been concluded or applications to conclude a contract remain unaffected by this.
§ 3 Rating system
On our website it is possible to publicly rate certain services and/or products. Such assessments must correspond to the truth. Furthermore, they may not include any references to other websites or providers and may not contain any information that violates the rights of third parties or that, in our reasonable opinion, is likely to violate such rights. We may delete reviews that violate this at our reasonable discretion.
§ 4 Conclusion of the contract
(1) The essential features of the goods offered by the seller and the validity of limited offers are contained in the product descriptions on https://www.magie-schmuck.de.
(2) The presentation of the goods in our online shop does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order goods. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.
(3) The customer's offer can be submitted using the seller's order form integrated in the online shop.
(4)The electronic ordering process within the online shop includes several steps. In the first step, the desired goods are selected and placed in the virtual shopping cart. By clicking on the shopping cart symbol you can view the items to be ordered. The quantity of products placed in the shopping cart can be changed by the buyer by clicking on the “+” and “-” buttons. By clicking on the “Checkout” button, the electronic order form opens. In this step, the customer data including billing address and, if necessary, a different delivery address are requested. The next step is to specify the desired shipping method and then the preferred payment method. Finally, the buyer has the opportunity to check all information (e.g. name, address, method of payment, ordered items) again and, if necessary, correct it before submitting the order by clicking on “Pay now” and making a binding contract offer in relation to it the goods contained in the shopping cart are addressed (§ 145 BGB). This confirmation of receipt creates a contract that is legally binding.
(5) Depending on the payment method chosen, the buyer can be redirected to the external website of the respective payment service provider in order to enter his access data/necessary information there. Once the process is complete, you will be automatically redirected to the seller's website.
(6) The contract text when submitting an offer via the seller's order form will be saved by the seller after the contract has been concluded and sent to the customer in text form by email after the order has been sent. The seller will not make the contract text available beyond this.
(7) As a rule, the order is processed and the customer is contacted automatically via email. Because of this, the buyer must ensure that the email address he submits for order processing is correct so that all emails from the seller and/or third parties commissioned by the seller to process the order can be received. This also applies, and in particular, to the use of so-called spam filters by the buyer.
§ 5 Retention of title
The delivered goods remain the property of the provider until full payment has been made.
§ 6 Prices and payment
(1) The prices stated in the seller's online shop include statutory VAT. These are final prices, which can be supplemented by any shipping costs. Additional shipping costs will be stated separately during the ordering process when selecting the desired shipping method.
(2) The online shop Magie-Schmuck offers buyers the following payment methods:
Credit card: The debit takes place after the goods have been dispatched or the service is available.
PayPal: Payment via PayPal is also possible for Magic Jewelry. The buyer pays the purchase price via the payment service provider PayPal (Europe) S.à rl et SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. As a rule, this provider offers its customers various payment options: redemption of PayPal credit, collection by direct debit or credit card. As part of the ordering process, after selecting this option, you will be automatically redirected to PayPal. There the buyer can log in with their existing access data or register again if they do not yet have an account. After determining the desired payment method, the process is completed by confirmation from the buyer.
Google Pay: If you would like to pay for your purchase at Magie Schmuck with Google Pay, click on the corresponding logo when selecting the payment options. In the next step you will be asked to check the shopping cart value and confirm the desired payment method. Please remember to select the correct delivery address if you have entered more than one. As soon as the purchase is completed, the goods will be shipped to you immediately.
Amazon Pay: If you decide to pay via Amazon Pay, you will be redirected to log in to Amazon. After entering your details, you can check and confirm your purchase. Depending on your personal preference, the amount will be collected by Amazon via direct debit.
Invoice purchase, installment purchase and instant transfer via Klarna: In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, the following payment options are offered. For the invoice and installment purchase variants, payment is made directly to Klarna:
Invoice: The payment period is 14 days from the dispatch of the goods or, for other services, from the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here.
Installment purchase: With Klarna's financing service, the purchase can be paid in fixed or flexible monthly installments under the conditions specified in the checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit for the countries where this payment method is available can be found here.
Instant transfer: The instant transfer option enables secure payment in real time. The prerequisite is the presence of online banking access. After selecting this payment method, you will be redirected to Klarna's secure instant transfer form. This is not accessible to the dealer. To process the transaction, you must enter your personal account information (IBAN, BIC) as well as the relevant online banking PIN. Depending on the personal form of transaction, the TAN is entered for confirmation. The account will be immediately debited with the purchase amount and the amount will be credited to the seller's account. It should be noted that not all banks support this payment model. Further information can be obtained from your bank and on the Klarna website.
§ 7 Late payment
If you default on a payment, you are obliged to pay statutory default interest of 5 percentage points above the base interest rate. For each reminder letter that is sent to you after the default has occurred, you will be charged a reminder fee of EUR 5, unless lower or higher damage can be proven in the individual case.
§ 8 Shipping and delivery
(1) Unless otherwise agreed, the goods will be delivered to the delivery address specified by the buyer in the ordering process. Shipping is carried out worldwide by the parcel service DHL/Deutsche Post UPS.
(2) The costs for standard shipping within Germany are €2.90. From a shopping cart value of €50.00, delivery is free throughout Germany. The shipping costs for shipments to Austria and Switzerland amount to €5.00. The same applies to deliveries to other EU countries.
(3) The production of the goods can take up to 5 working days. If you choose standard shipping to Germany and Austria, the delivery time is usually three to five working days. Deliveries to other countries can take up to eight working days. We apologize that delays may occur during peak times (e.g. public holidays, special offers) or due to increased regulations regarding COVID-19. No liability can be accepted for any delays during shipping.
(4) If the buyer does not receive an automatic email with the tracking number, this can be requested from the customer by email.
(5) The recipient specified on the delivery address may be subject to import sales tax, customs duties and fees that are levied once the delivery reaches the destination country. Additional customs clearance costs must be borne by the recipient specified on the delivery address. Magie Schmuck has no influence on these costs and cannot calculate their amount in advance. If a customs clearance procedure is necessary, this can lead to delivery delays, which means that the originally stated delivery times cannot be met.
(6) If the buyer does not receive his goods at the specified time, the non-delivery can be reported to customer service within four weeks and an investigation or replacement delivery can be complained about. A later complaint is not possible for technical system reasons.
§ 9 Warranty
(1) The customer's warranty rights are based on the general legal regulations, unless otherwise specified below. The provisions in Section 10 of these General Terms and Conditions apply to the customer’s claims for damages against the provider.
(2) The limitation period for customer warranty claims is 2 years for newly manufactured items and 1 year for used items. For entrepreneurs, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to the customer's claims for damages due to injury to life, body or health or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and obtain ownership of it. The above shortening of the limitation periods also does not apply to claims for damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. The right of recourse in accordance with Section 478 of the German Civil Code (BGB) is also excluded from the shortening of the limitation periods in relation to entrepreneurs.
§ 10 Disclaimer of liability
(1) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies in favor of the provider's legal representatives and vicarious agents if the customer asserts claims against them.
(2) Claims for damages due to injury to life, body or health and claims for damages due to the violation of essential contractual obligations are excluded from the exclusion of liability specified in Section 1. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and obtain ownership of it. Also excluded from the exclusion of liability is liability for damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.
(3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected.
§ 11 Prohibition of assignment and pledging
The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the consent of the provider, unless the customer can prove a legitimate interest in the assignment or pledging.
§ 12 Offsetting
The customer only has the right to offset if the claim for offset has been legally established or is undisputed.
§ 13 Choice of law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies to the contractual relationships between the provider and the customer. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
(2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider if the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 14 Severability clause
If a provision of these General Terms and Conditions is ineffective, the validity of the remaining provisions will not be affected.
§ 15 Deviation
For personalized products that are individually created and produced, the actual appearance may differ slightly from the images in the online shop, as the respective models may look different with different motifs, fonts, names and letters. It is individually adapted and optimally manufactured.
§ 16 Right of withdrawal
(1) You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us (Taraftech UG (limited liability) Magie Schmuck, Herzogstraße 26 66953 Pirmasens Germany, firstname.lastname@example.org) by means of a clear statement (e.g. a letter sent by post or email). inform you of your decision to withdraw from this contract. In order to meet the cancellation period, it is sufficient that the notification of the exercise of the right of cancellation is sent before the cancellation period has expired. The costs for returns are generally borne by the buyer.
(2) Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
* Contracts for the supply of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is relevant or which are clearly tailored to the personal needs of the consumer (e.g. personalized jewelry).
* Contracts for the delivery of goods that are not suitable for return for health protection or hygiene reasons.
§ 17 Guarantee
(1) The buyer has the right to have the goods repaired and/or improved within 2 years. A new production is excluded. Therefore, pieces of jewelry that are broken or torn due to production reasons cannot be repaired and are therefore not covered by the warranty. The shipping costs for repairs and improvements are to be borne by the buyer himself.
The repair includes:
Damage to the closure, eyelets, anchors or the suspension
The improvement includes:
Re-polishing, plating the product with 14K yellow gold or 14K rose gold
(2) If free size changes are offered by the manufacturer, this refers to a one-off change. Additional size changes are subject to a fee. The exact conditions can be requested if necessary. The resulting shipping costs are borne by the buyer himself.