Conditions
1 - Scope
(1) For goods orders placed via the website www.carolindieler.com, only the following General Terms and Conditions (GTC) shall apply. Unless otherwise agreed, the inclusion of any of your own terms and conditions is hereby objected to.
(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
(3) The version of these GTC valid at the time of the order shall apply.
(4) The prices at the time of the order shall apply. Special offers in our shop may be limited in time or quantity. Details can be found in the product description.
2 - Conclusion of contract
(1) The subject of the contract is the sale of goods. Our offers on the internet (especially 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 (order confirmation). This order confirmation does not constitute acceptance of your offer, but is only intended to inform you that your order has been received by us. 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 case of a delivery delay, we will contact you immediately, but no later than 21 days after receipt of your order, and provide you with a new delivery period. This does not constitute acceptance of your offer, but a new offer from us - under the altered delivery conditions.
3 - Individually designed goods
(1) You shall provide us with the suitable information or texts required for the individual design of the goods before concluding the contract.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, name rights, trademark rights) or existing laws. You expressly indemnify us against all claims asserted by third parties in this context. This also includes the costs of the legal representation required in this context. We do not check the transmitted data for factual correctness and therefore assume no liability for errors.
(3) Exchange of individually designed goods is excluded.
4 - Shipping of goods
(1) All jewelry by Carolin Dieler is handmade in Berlin, Germany. Most items are only made to order. For this reason, the delivery of your goods - unless another period is specified in the item description - will take place within 5 to 21 days after receipt of the order confirmation.
(2) If an order is particularly urgent, please send an email to info@carolindieler.com requesting to check if short-term production is possible. In case of delivery delays, we will inform you immediately in any case. In this case, we will inform you of a new delivery period.
(3) In the event of unavailability of the ordered goods, 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 shipped via Deutsche Post AG or FedEx Deutschland GmbH with express shipping insured according to the value of the goods, so that you receive your jewelry as safely and quickly as possible.
Shipping within Germany: €14.50
Shipping within the European Union (excluding Germany): €29.00 - €39.00
Shipping to Export Zone 1 (Iceland, Liechtenstein, Norway, Switzerland, United Kingdom, Andorra): €42.00
Shipping to Export Zone 2 (Canada, USA): €72.00
Shipping to Export Zone 3 (Hong Kong Special Administrative Region, Israel, Japan, Malaysia, Singapore, South Korea, United Arab Emirates, Bahrain, Qatar, Kuwait, Saudi Arabia, Macao Special Administrative Region, Taiwan, Thailand, Turkey): €99.00
Shipping to Export Zone 4 (Australia, New Zealand): €120.00
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 are predominantly neither attributable to their commercial nor their independent professional activity.
Right of withdrawal information
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the last goods.
To exercise your right of withdrawal, you must inform us
Carolin Dieler
Juliusstr. 64
12051 Berlin
T: +49 (0)163 160 133 5
E: info@carolindieler.com
by means of a clear statement (e.g., a letter sent by post or email) about your decision to withdraw from this contract. The easiest way for us to process your withdrawal is if you send your withdrawal statement to info@carolindieler.com. You can use the sample withdrawal form of the "Wettbewerbszentrale" (https://www.wettbewerbszentrale.de/media/getlivedoc.aspx?id=33630), but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no event will you incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You shall bear the direct cost of returning the goods. You only have to pay for any diminished value of the goods if this diminished value is due to handling them in a way other than what is necessary to establish the nature, characteristics and functioning of the goods.
7 - Warranty
(1) Every item on the website is handmade, has a unique appearance and therefore cannot exactly match the item shown on the website.
(2) If the goods are defective, we will provide subsequent performance within a reasonable time, i.e., either replacement delivery or rectification of the defects. The place of performance for subsequent performance is our registered office. If the subsequent performance chosen by you is only possible with disproportionate costs, we are entitled to perform in the other form. The expenses necessary for subsequent performance shall be borne by us. If a reasonable deadline for subsequent performance has expired without result, you have the right, at your discretion, to withdraw from the purchase contract or to reduce the purchase price.
(3) If you choose to withdraw from the purchase contract, the services received by both parties must be returned and any benefits drawn must be surrendered. If you cannot return the received service in whole or in part, or only in a deteriorated condition, you may have to compensate us for the value. However, the deterioration resulting from the proper use of the goods is not taken into account here.
(4) Warranty claims expire 2 years from the time of delivery of the goods.
(5) The statutory rights of the consumer within the scope of warranty/liability for defects apply.
8 - Damages
(1) We are only liable for damages in cases of intent and gross negligence. In cases of simple negligence, we are only liable for
a) damages resulting from injury to life, body, or health,
b) damages resulting from the breach of a material contractual obligation (this is any obligation whose fulfillment makes the proper execution of the contract possible 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 foreseeable, typically occurring damages.
(2) All instructions on the packaging and accompanying leaflets must be observed. No liability is assumed for any application and/or handling deviating therefrom.
9 - Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office, provided that 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 if your domicile or habitual residence is unknown at the time the action is brought. The right to also appeal to a 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.
