Terms & Conditions

1.) Scope

The general terms and conditions (hereinafter referred to as “GTC”) apply to the entire business relationship between the online store operator (hereinafter referred to as the provider)…

StrDst-Jewelry

and its contractual partner (hereinafter referred to as the Customer). The mutual rights and obligations of the Provider and the Customer are determined exclusively by the content of the order and these General Terms and Conditions. The customer agrees expressly that the AGB of the offerer unfold exclusive and unrestricted effect. This is also the case if the customer’s GTC remain uncontradicted and the service is provided without reservation. The customer’s GTC are only valid insofar as specially designated provisions or the entire text has been expressly put into effect by the contracting parties and this has been confirmed by the provider in writing or in text form. If nothing to the contrary has been agreed, these GTC shall apply in the event of contradictory provisions.

2.) Subject of the contract

The subject of the contract is the subject of the contract agreed between the contracting parties.

3.) Conclusion of the contract

a) The customer’s order represents a binding offer. The provider accepts orders under the terms and conditions of the website and these General Terms and Conditions exclusively in the englisch language, while stocks last.

(Example for the conclusion of the contract: For an order of one or more articles via the online store, the articles must first be marked for ordering by clicking on the shopping cart symbol or the link “Add to shopping cart”. In the “Shopping Cart” you will be guided through the ordering process after clicking the “Checkout” button, where each step is explained and the necessary information is requested.

After the customer has sent his order, the provider sends an e-mail confirming receipt of the order and listing the details of the order (confirmation of receipt). This confirmation of receipt does not represent an acceptance of the offer, but is only intended to inform the customer that the order has been received by the provider. The contract between the customer and the provider is concluded by the acceptance of the provider. This can be done by sending the confirmation of dispatch or by sending the goods.

b) Condition for the conclusion of the contract is that the customer is of age.

c) If the customer orders the goods electronically, the text of the contract as well as the general terms and conditions will be saved in a reproducible form and sent to the customer by e-mail.

4.) Delivery

a) The product description of the items ordered by the customer includes the delivery time, unless the customer is informed by the supplier after ordering about a different delivery time.

b) Agreed delivery times are extended in case of strike or force majeure by the duration of the delay. The same applies if the customer does not fulfill any participation rights.

c) Shipping costs are due for delivery.

d) From an order value of 75 Euro we ship free of charge within Germany.

5.) Prices and terms of payment

a) The prices of the supplier are determined by the prices stated on the website for the articles at the time of the order plus shipping costs. The stated prices are binding and for end consumers as well as entrepreneurs including the legal value added tax.

b) The following list shows the possible means of payment of the provider, as well as the associated costs and discounts:

• Means of payment: Paypal
  Costs for use: 0,00 EUR
  Discount for use: 0,00 %.
• Means of payment: Prepayment
  Costs for use: 0,00 EUR
  Discount for use: 0,00 %.
• Means of payment: Cheque payment
  Costs for use: 0,00 EUR
  Discount for use: 0,00 %.

c) In the case of payment via an online payment method provided by an external service provider, the customer expressly authorizes the provider to collect the amounts due at the time of the order.

d) In case of a payment made directly to the provider, the customer authorizes the provider to collect the due amounts.

e) If a direct payment is chosen, in which the customer must instruct the amount due himself, the customer undertakes to transfer the full invoice amount to the account of the provider within five calendar days after receipt of the order.

f) If a direct payment is chosen, in which the customer must instruct the amount due, the customer undertakes to pay the invoice amount within 14 days after dispatch of the goods free of charges and deductions. For this purpose, the supplier will send the invoice by e-mail to the e-mail address of the customer. Likewise, the supplier can enclose the invoice with the goods or end the invoice separately by mail to the billing address.

g) Payments shall be made with debt-discharging effect exclusively to the account named by the Provider.

6.) Retention of title

The object of purchase delivered to the customer remains the property of the supplier until full payment of all objects of purchase delivered to the customer.

7.) Default and dunning costs

a) If the Customer is in default, the Provider is entitled to charge default interest and compound interest in the amount of 5 percentage points above the prime rate for consumer customers or 8 percentage points above the prime rate for business customers.

b) If the Provider operates the reminder system itself, the Customer undertakes to pay the reminder costs incurred by the Provider.

c) The buyer, if he is not a consumer, is in default if he has not paid within 30 days of the due date. Consumers are also in default within 30 days of the due date if they are informed of this consequence in the invoice or request for payment.

8.) Set-off and withdrawal

a) The customer is only entitled to set-off with counterclaims to the extent that the counterclaims are undisputed, acknowledged by the provider or legally established.

b) In the event of default of payment or insolvency of the customer, the provider is entitled to temporarily suspend the contractual execution of obligations of orders until full payment of due invoice amounts. Furthermore, in such cases the Provider is entitled to withdraw from the contract after the expiration of a grace period of one week. The legal provisions regarding the dispensability of the grace period remain unaffected.

9.) Liability for defects and damages

a.) Obvious defects must be reported by the customer in writing within two weeks of the occurrence of the defect. If this notification is not made, the warranty rights expire. This does not apply in case of fraudulent concealment of the defect or an assumed guarantee for the quality of the item. In all other respects the offerer is liable for the presence of a defect according to the legal regulations. The limitation period for the customer’s claims arising from liability for defects is two years, one year for used goods.

b) Liability by the Provider for contractual breaches of duty as well as for tort shall only apply in the event of intent or gross negligence. Any further liability is excluded. This does not apply to damages resulting from injury to life, body or health of the customer as well as cardinal obligations and the compensation of damages caused by delay. In this respect, the provider is liable for any degree of fault. Cardinal obligations are those obligations which result from the nature of the contract and whose violation endangers the achievement of the purpose of the contract and on whose compliance the customer regularly relies or may rely. Liability in the event of a breach of cardinal contractual obligations is limited to the regularly foreseeable damage typical for the contract.

10.) Cancellation policy

You have the right to cancel this contract within 14 days without giving reasons

The revocation period is 14 days from the day you or a third party designated by you, who is not a carrier, have taken possession of the goods.

In order to exercise your right of withdrawal, you must inform us (StrDst-Jewelry e-mail: info@strdst-jewelry.de ) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract. You may use the attached sample revocation form, which is not mandatory.

In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of the revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different method of delivery from the cheap standard delivery we offer), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

You will bear the direct costs of returning the goods.

You will only be liable for any loss of value of the Goods if such loss of value is due to handling of the Goods that is not necessary to examine the nature, properties and functioning of the Goods.

Exclusion of the right of revocation

The right of withdrawal does not apply to contracts

• for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
• for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
• for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery,
• for the delivery of goods, if these were inseparably mixed with other goods after delivery due to their nature,
• for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can be supplied at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence,
• for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery
• for the delivery of newspapers, periodicals or magazines, with the exception of subscription contracts

11) other regulations

a) These General Terms and Conditions of Business apply to the initiation, conclusion, execution and cancellation of all our legal transactions, in so far as no other agreements have been made subsequently. They also apply analogously to other services which we provide.

b) The customer must notify us immediately in writing of any changes of address.

c) All costs and damages arising from a violation by the customer shall be borne by the customer without exception. The assessment of costs and damages is the responsibility of the provider. The customer is at liberty to provide counter-evidence of the amount.

d) The written form is also ensured by sending an e-mail or fax.

12.) Place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract, its conclusion, its execution or its cancellation is the competent court at the registered office of the provider. The same applies to customers – consumers and entrepreneurs who are merchants – who do not have a general place of jurisdiction in Germany or another EU member state.

13.) Data protection/ obligation of secrecy

In accordance with the provisions of data protection, it is expressly pointed out that in the fulfilment of the respective order, names, addresses, telephone and fax numbers, e-mail addresses and payment methods, logos and trademarks, as well as other data of the contractual partner relevant to the order will be stored on a data carrier for the purpose of automation-supported data processing.
The Provider is entitled to transfer data of the Customer to third parties commissioned by the Provider with the execution of the order, insofar as this is necessary to enable the order to be fulfilled. In addition, customer data will be treated confidentially and will not be passed on to third parties. Likewise, the contracting parties undertake to treat all data and information in connection with the execution of the contract as confidential and not to make it available to third parties. This obligation shall remain in force beyond the termination of the contract. The contact data of a job seeker may only be used for the purpose of filling a vacant position. The customer undertakes to comply with data protection regulations.

a) The limitation of liability as well as the privacy policy for the use of the website can be found separately in the imprint of the website of the provider.

14) severability clause and choice of law

a) Should any provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.

b) All orders and contractual relationships, their initiation, conclusion, execution, termination and coming into existence as well as the validity of these terms and conditions shall be governed exclusively by German law within the meaning of Art. 3 para. 1 European Contract Statute Convention, unless more specific consumer protection regulations in the customer’s home country are more favourable (Art. 6 of Regulation (EC) 593/2008). The application of UN sales law is excluded.

The choice of law provisions shall also and in particular apply to the question of validity, applicability and interpretation of these GTC.