- 1 Applicability, definitions
- 2 Conclusion of contract
- 3 Delivery, availability of goods
- 4 Reservation of title
- 5 Prices and delivery costs
- 6 Terms of payment
- 7 Warranty of quality, guarantee
- 8 Liability
- 9 Information about cancellation
- 10 Information about data processing
- 12 Final provisions
(1) The business relationship between Boutique Sophie (hereinafter the "Seller") and the customer (hereinafter the "Customer") is subject exclusively to the General Terms and Conditions set out below, as amended and valid at the time of ordering. Any divergent terms and conditions stipulated by the Customer will not be recognised unless their applicability has been expressly approved in writing by the Seller.
(2) The Customer is deemed to be a consumer unless the purpose of the ordered goods and services can be attributed to the Customer's commercial or self-employed occupation. An entrepreneur, in contrast, is deemed to be any natural person or corporate entity or ordinary partnership that is competent to contract and that, in concluding the contract, is carrying out a commercial or self-employed occupation.
(1) The product descriptions in the Seller's online shop do not represent a binding offer on the part of the Seller, but are designed for the Customer's submission of a binding offer.
(2) The illustrations are not to scale and due to the digital presentation on screens, the colours shown may also differ from the actual colours. The materials used are natural stones. Consequently it is possible that there are minor divergences between the product and the descriptions and illustrations that do not adversely affect the intended use, but these are technically unavoidable and do not represent a defect.
(3) The Customer can select products from the Seller's range and collect these in a virtual basket by clicking on the "Add to basket" button". By clicking on the "Place your order" button, the Customer issues a binding offer to purchase the goods placed in the basket. The Customer is able to change and view the data any time before placing the order. However, the order can only be placed and sent if the Customer has clicked on the "Accept terms and conditions" button to accept these terms and conditions of contract and thereby incorporated them in the Customer's submission.
(4) The Seller will then send the Customer an automated receipt confirmation email, in which the Customer's order is shown once again and which the Customer can print out by using the "Print" function. The automated receipt confirmation merely documents that the Seller has received the Customer's order and does not constitute acceptance of the offer to purchase the goods. The contract is not formed until the Seller has issued a notice of acceptance, which is generally sent out by separate email (order confirmation) - but at the latest when performance is effected.
(5) Email is used for order handling and communication purposes, and the order handling process is automated. The Customer must ensure that the submitted email address is correct so that the Customer can, under that address, receive the emails sent by the Seller. Particularly when using spam filters the Customer is required to ensure that all emails sent by the Seller or third parties instructed by the Seller to handle the order can be delivered.
(1) Once we have received the Customer's order and payment we will need 2-4 weeks for manufacture and the goods will be dispatched within 2-4 days to destinations in Germany. Other countries - like Austria, Belgium, Denmark, Finland, France, Holland, Italy, Spain, Sweden, Swiss and UK - will be dispatched with 3-6 days.
If goods are shipped abroad different periods will apply and the Customer will be notified of the revised periods with the confirmation of order.
In the case of custom-made products, the Customer will be quoted a delivery date before the binding order is placed.
Unless otherwise expressly agreed in writing, delivery dates or periods are always non-binding.
(2) Standard delivery is by post and to the delivery address submitted by the Customer. The delivery address is the one shown on the order form.
(3) If, at the time of the Customer's order, no items of the selected product are available, the Seller will immediately notify the Customer of this with the confirmation of order. If the product is permanently unavailable, the Seller will not send out an acceptance of order. In such an event the contract is not formed.
(4) If the product designated by the Customer in the order is only temporarily unavailable, the Seller will also inform the Customer of this without delay with the confirmation of order. If delivery is delayed by more than two weeks, the Customer will have the right to withdraw from the contract. Furthermore the Seller is also entitled to terminate the contract in such an event. If this happens, the Seller will immediately refund any payments already made by the Customer.
(1) The goods supplied remain the property of the Seller until payment has been made in full.
(2) If the goods are replaced in accordance with the Seller's liability for defects, transfer of title to the goods subsequently supplied is subject to the suspensive condition that the Customer returns the goods to be exchanged or, if such a return is impossible, that the Customer provides the corresponding compensation if the statutory requirements have been met.
(1) All prices quoted on the Seller's website include the applicable statutory value-added tax. The prices are final prices and not negotiable. The same applies to the delivery costs. Several items can of course be dispatched together for cost-efficient delivery. If the Customer requires carriage insurance, the additional costs will be charged to the Customer.
(2) The applicable delivery costs will be itemised on the order form and are payable by the Customer unless the Customer exercises the right of cancellation. The Seller supplies the goods to the Customer free of charge if the order value amounts to EUR 200.00 or more.
(3) The Seller assumes the risk of carriage if the Customer is a consumer.
(4) In the event of cancellation, the Customer is required to pay the regular costs for returning the goods if those goods correspond to those ordered and if the price of the goods being returned does not exceed an amount of EUR 200.00 or, in the event of a higher amount, if the Customer at the time of cancellation has not already provided consideration or made a contractually agreed part payment. Otherwise the Seller is required to bear the costs of the goods being returned.
(1) In case of doubt, payments to be made by the Customer must be made in accordance with the terms and conditions of payment quoted at the time of order confirmation.
(2) The ordered goods must be paid for in advance and within 7 working days, by bank transfer or PayPal. If no payment has been received by the end of this period, the Seller reserves the right to offer those goods for sale once more.
(3) Payment of the purchase price is due immediately on conclusion of the contract. If the due date for payment is determined by the calendar, then the Customer is already in default if this due date has passed without payment having been effected. In such an event the Customer is required to pay the Seller default interest at 5 percentage points above the base lending rate.
(4) The Customer's obligation to pay default interest does not preclude the Seller from claiming further damages for delayed payment.
1) The Seller is liable for defects of quality in accordance with the applicable statutory provisions, especially, but not limited to articles 434 ff BGB [German Civil Code]. If the Customer is an entrepreneur, the obligation to inspect the goods and the requirement to give notice of defects apply to the Customer in accordance with article 377 HGB [German Commercial Code]. The warranty on goods supplied by the Seller is 12 months for entrepreneurs.
(2) An additional guarantee only applies to the goods supplied by the Seller if this guarantee was given expressly in the order confirmation for the relevant items.
(3) The statutory liability for defects applies. The buyer can only demand compensation if the preconditions set out in clause 8 of these General Terms and Conditions have been met.
(1) Any claims for compensation by the Customer are excluded. This does not apply to the Customer's claims for compensation on account of injury to life, limb, health or the breach of major contractual obligations (cardinal obligations) as well liability for other damage due to deliberate or grossly negligent breach of obligations by the Seller, the Seller's legal representations or the Seller's vicarious agents. Major contractual obligations are those that have to be met for the purpose of the contract to be achieved.
(2) If major contractual obligations have been breached, the Seller is only liable for the damage typical and foreseeable for such contracts if the damage was simply caused as a result of negligence, unless the Customer's claims for compensation are due to injury to life, limb or health.
(3) The restrictions of sections 1 and 2 above also apply for the benefit of the Seller's legal representatives and vicarious agents if claims are brought directly against them.
(4) The regulations of the law on product liability remain unaffected.
We employ the greatest possible care in the manufacture and processing of our jewellery range for children and take safety considerations most seriously.
On request and as an alternative, we can therefore supply all chains with a magnetic clasp that has a re-closable predetermined breaking point.
However, the products offered for sale are definitely not toys, but jewellery, the components of which include small parts and for safety reasons they should only be put on children under the age of 3 under adult supervision.
Right of cancellation
The Customer is entitled to cancel the offer of entering into a contract in writing (e.g. by letter, fax or email) or - if the item is transferred to the Customer before the end of this period - also by returning the item, without reasons for doing so having to be given. The cancellation period starts from the time at which notification of this right is received in writing, but not before the Customer has received the goods (in the event of a recurrent order for the same type of goods, not before the first part delivery), nor before fulfilment of the Seller's statutory requirement to furnish information in accordance with article 246 section 2 in conjunction with article 1 sections 1 and 2 EGBGB [Introductory Act to the German Civil Code]. The cancellation period is deemed to have been observed if the notice of cancellation has been sent or the goods returned in good time. Notice of cancellation must be addressed to:
Name/Company: Boutique Sophie
Telephone: +49 (0) 40 50019928
Fax +49 (0) 40 65043725
Email address: firstname.lastname@example.org
Consequences of cancellation
In the event of effective cancellation, the consideration received by both parties must be returned together with any benefit (e.g. interest) gained. If the Customer is unable to return to the Seller the received consideration and benefit (e.g. use and enjoyment) or unable to do so in its entirety or only in a worse condition, the Customer will be required to pay compensation to the Seller in so far as this applies. The Customer is only required to pay compensation for deterioration of goods and for the benefits gained in so far as the benefit or the deterioration is due to the Customer's handling of the goods in a way that exceeds checking the properties and mode of operation. The phrase "checking the properties and mode of operation" is deemed to be testing and trying out the goods in a way similar to what is customary and made possible in a physical store. Goods that can be sent as packages must be returned at the Seller's risk.
The Customer is required to pay the regular costs for returning the goods if those goods correspond to those ordered and if the price of the goods being returned does not exceed an amount of EUR 200.00 or, in the event of a higher amount, if the Customer at the time of cancellation has not already provided consideration or made a contractually agreed part payment. Otherwise the Customer can return the goods free of charge. Goods that cannot be packaged for shipping will be collected from the Customer. Obligations to refund payments must be met within 30 days. For the Customer this period starts when the notice of cancellation is sent or the goods dispatched to the Seller; for the Seller this period starts on receipt of the notice of cancellation or of the goods.
End of information about cancellation
(1) The Seller gathers data relating to the Customer within the scope of implementing the contract. In doing so, the Seller complies with the regulations of the German Federal Data Protection Act and Telemedia Act. Without the Customer's permission the Seller will only collect, process or use the Customer's master and usage data in so far as required for dealing with the contractual relationship and for utilisation of and settlement with telemedia.
(2) The Seller will not use the Customer's data for the purposes of advertising or of market or opinion research without the Customer's consent.
(3) By clicking on the "My data" button, the Customer is able at any time to view, edit or delete the profile data saved by the Customer. In addition the Customer is referred to the data privacy statement as regards the Customer's consents and further information about the gathering, processing and utilisation of data. The data privacy statement can be found on the Seller's website, where a printable version can be viewed at any time by clicking on the "Data protection" button.
(1) Contracts concluded between the Seller and the Customer are subject to the law of the Federal Republic of Germany, under exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) In so far as the Customer is a trader, a corporate body under public law or a public-sector fund, the venue for all disputes arising from the contractual relationship between the Customer and Seller is the registered office of the Seller.
(3) In the event of individual provisions of this contract being invalid or impracticable, or rendered invalid or impracticable after conclusion of the contract, the validity of the remainder of the contract will not be affected. The invalid or impracticable provision is to be replaced by one that is valid or practicable and the effect of which is as close as possible to the economic objective intended by the parties to the contract when drawing up the invalid or impracticable provision, giving reasonable consideration to the overall circumstances. This also applies in the event that the contract is found to contain gaps.