General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts concluded between you and us as the provider (Kim Seitz) via the website https://sydneykjewelry.com. Unless otherwise agreed, the inclusion of any terms used by you is expressly rejected.
(2)A consumer within the meaning of these provisions is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.
§ 2 Conclusion of the Contract
(1) The subject of the contract is the sale of goods.
(2) By placing the respective product on our website, we provide you with a binding offer to conclude a contract under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The goods intended for purchase are placed in the "shopping cart." You can view and modify the shopping cart at any time via the corresponding button in the navigation bar. After clicking the button "Checkout" or "Proceed to Order" (or similar wording), you enter your personal data and payment and shipping conditions. A summary of the order details will then be displayed. If you use an instant payment system (e.g., PayPal, Amazon Pay, Sofort, giropay), you will either be directed to the order summary page or to the provider's site for the instant payment system. After entering the necessary information, you will either return to the summary page or the provider will display the order details. Before submitting the order, you can review, modify, or cancel the order. By submitting the order via the corresponding button ("Order with Payment Obligation," "Buy Now," or similar), you declare acceptance of the offer, and the contract is concluded.
(4) Requests to create an offer are non-binding for you. We will provide you with a binding offer in text form (e.g., via email), which you can accept within 5 days unless otherwise stated.
(5) The processing of the order and the transmission of all information necessary for the conclusion of the contract are carried out via email, partially automated. Ensure that the email address provided is correct and that you can receive our emails without interference, e.g., from SPAM filters.
§ 3 Individually Designed Goods
(1) You must provide the necessary information, texts, or files required for the individual design of the goods via the online order system or email immediately after the conclusion of the contract. Any specifications regarding file formats must be observed.
(2) You commit not to transmit any data whose content infringes on third-party rights (e.g., copyrights, name rights, trademarks) or violates applicable laws. You indemnify us against any claims from third parties, including legal defense costs, arising in this context.
(3) We do not verify the content accuracy of the submitted data and assume no liability for errors.
§ 4 Right of Retention, Retention of Title
(1) You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
(2) The goods remain our property until the full payment of the purchase price.
§ 5 Warranty
(1) Statutory warranty rights apply.
(2) As a consumer, you are requested to check the goods upon delivery for completeness, obvious defects, or transport damage and promptly notify us and the carrier. Failure to do so does not affect your statutory warranty rights.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only deemed agreed upon if you were informed before submitting your contractual declaration and the deviation was expressly agreed upon between the parties.
§ 6 Choice of Law
(1) German law applies. For consumers, this choice of law applies only to the extent that the protection afforded by mandatory provisions of the consumer's country of habitual residence is not withdrawn.
(2) The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are expressly excluded.
II. Customer Information
1. Identity of Seller
Kim Seitz
Sudetenstrasse 32
82515 Wolfratshausen
Germany
Phone: 016095654856
E-Mail: sydneykimstz@gmail.comAlternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.
We are neither willing nor obligated to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information on Contract Formation
The technical steps to conclude the contract, the contract formation itself, and correction options are carried out in accordance with the provisions under "Contract Formation" in our General Terms and Conditions (Part I).
3. Contract Language, Contract Text Storage
3.1. The contract language is German.
3.2. The complete contract text is not stored by us. Before submitting your order via the online shopping cart system, you can print or electronically save the contract data using your browser's print function. Once the order is received by us, the order data, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again by email.
3.3. For inquiries outside the online shopping cart system, you will receive all contract data in the form of a binding offer in text form, e.g., via email, which you can print or electronically save.
4. Essential Characteristics of Goods or Services
The essential characteristics of the goods and/or services can be found in the respective offer.
5. Prices and Payment Terms
5.1. The prices listed in the respective offers, as well as shipping costs, represent total prices. They include all price components, including applicable taxes.
5.2. Shipping costs are not included in the purchase price. They can be accessed via a correspondingly designated button on our website or in the respective offer. They will be clearly indicated during the order process and must be borne by you unless free shipping has been promised.
5.3. Costs incurred for money transfers (e.g., transfer or exchange fees by credit institutions) are to be borne by you if the delivery is made to an EU member state and the payment is initiated from outside the European Union.
5.4. The available payment methods are listed under a correspondingly designated button on our website or in the respective offer.
5.5. Unless otherwise specified for the respective payment methods, payment claims arising from the concluded contract are immediately due.
6. Delivery Conditions
6.1. The delivery conditions, delivery date, and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
6.2. If you are a consumer, it is legally regulated that the risk of accidental loss and accidental deterioration of the sold item during shipment does not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or a person otherwise designated to carry out the shipment.
7. Statutory Warranty Rights
Liability for defects is governed by the provision "Warranty" in our General Terms and Conditions (Part I).
This Terms and Conditions document and customer information have been created by the IT law-specialized legal experts of the Händlerbund and are continuously checked for legal compliance. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. For more information, visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
Last Updated: 22.10.2024
