Conditions
(1) The following General Terms and Conditions apply exclusively to orders for goods via the website www.carolindieler.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to either their commercial or their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(3) The version of these General Terms and Conditions valid at the time of the order applies.
(4) The prices at the time of the order apply. Promotional offers in our shop may be limited in time or quantity. Details can be found in the product description.
2 - Conclusion of the contract
(1) The subject of the contract is the sale of goods. Our offers on the Internet (particularly jewelry) are non-binding and do not constitute a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system by clicking on “Buy now” at the end of the ordering process.
(3) After you have submitted your order, we will send you an email confirming receipt of your order and listing its details (confirmation of receipt). This confirmation of receipt does not constitute acceptance of your offer, but is only intended to inform you that we have received your order. We can accept your order by sending a shipping confirmation by email or by delivering the ordered goods within 21 days.
(4) We generally deliver within 21 days. In the event of a delivery delay, we will contact you immediately, but no later than within 21 days of receipt of your order, and give you a new delivery period. This does not constitute acceptance of your offer, but rather a new offer from us - with the changed delivery conditions.
3 - Custom designed goods
(1) You provide us with the appropriate information or texts required for the individual design of the goods before the contract is concluded.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context. We do not check the transmitted data for accuracy and therefore accept no liability for errors.
(3) The exchange of individually designed goods is excluded.
4 - Shipping of the goods
(1) All Carolin Dieler jewelry is handmade in Berlin, Germany. Most items are only made upon your order. For this reason, your goods will be delivered - unless a different deadline is specified in the item description - within 5 to 21 days of receipt of the order confirmation.
(2) If an order is particularly urgent, please send an email to info@carolindieler.com asking us to check whether short-term production is possible. In the event of delivery delays, we will inform you immediately. In this case we will give you a new delivery period.
(3) If the ordered goods are not available, we reserve the right not to deliver. In this case, we will inform you immediately and immediately refund any consideration already received.
(4) All packages are sent via Deutsche Post AG with a track & trace code so that you receive your piece of jewelry as safely and quickly as possible.
Shipping within Germany: €5.00
Shipping within the European Union (except Germany): €15.00
Shipping to the UK: €27.00
International orders (outside the European Union): €55.00
5 - Payment and retention of title
(1) The purchase price is due upon complete delivery.
(2) The delivered goods remain the property of Carolin Dieler until full payment has been made.
6 Right of withdrawal
(1) Consumers have a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any 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 last goods.
In order to exercise your right of withdrawal, you must contact us
Carolin Dieler
c/o HADERLUMP
Juliusstr. 64
12051 Berlin
T: +49 (0)163 160 133 5
E: info@carolindieler.com
inform you of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). The easiest way for us to process your revocation is to send us your revocation declaration to info@carolindieler.com. To do this, you can use the competition headquarters' sample withdrawal form (https://www.gewinnzentrale.de/media/getlivedoc.aspx?id=33630), but this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of revocation
If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment. We may refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is the earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired. You have to bear the costs for the return shipping yourself. You must pay for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
7 - Warranty
(1) Each item on the website is handmade, has a unique appearance and therefore cannot correspond exactly to the item shown on the website.
(2) If the goods are defective, we will ensure subsequent performance within a reasonable period of time, ie either a replacement delivery or the elimination of the defects. The place of fulfillment of the subsequent fulfillment is our registered office. If the subsequent fulfillment you have chosen is only possible with disproportionate costs, we are entitled to supplementary performance in the other form. We will bear the expenses required for subsequent performance. If a reasonable deadline for supplementary performance has passed without result, you have the right, at your discretion, to cancel the purchase contract or reduce the purchase price.
(3) If you decide to cancel the purchase contract, the services received by both parties must be returned and, if necessary, any benefits obtained. If you cannot return the service received to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation. However, the deterioration caused by the intended use is not taken into account.
(4) Claims for defects expire 2 years from the time the goods are delivered.
(5) The consumer's statutory rights apply within the scope of warranty/liability for defects.
8 - Damages
(1) We are only liable for damages in the event of intent or gross negligence. We are only liable for simple negligence
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the breach of an essential contractual obligation (this is any obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner regularly relies and may rely); In this case, however, our liability is limited to the foreseeable, typically occurring damages.
(2) All instructions on the packaging and inserts must be observed. No liability is assumed for any application and/or handling that deviates from this.
9 - Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the consumer's country of habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services from the business relationships existing with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or your place of residence or habitual residence is not known at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.
