1. Scope of Application and General Information

(1.1) Subject to individual agreements and arrangements that take precedence over these Terms and Conditions, the following Terms and Conditions shall apply exclusively to the business relationship between the Seller and the Customer. Unless otherwise agreed, the inclusion of the Customer’s own terms and conditions is hereby rejected.

(1.2) The Customer is a consumer insofar as the purpose of the contract concluded cannot be attributed predominantly to either their commercial or independent professional activity. In contrast, an entrepreneur is any natural person, legal entity, or partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

 

2. Conclusion of Contract

(2.1) The contract is concluded with:

Juwelier & Leihhaus Leopold OHG
Proprietors: Leopold Gawartin, Marc Gawartin, Johannes Dobbertin

Meinekestr. 5
10719 Berlin
Germany

(2.2) The essential characteristics of the goods are set out in the respective product description provided by the Seller.

(2.3) All offers in the Seller’s online store constitute an invitation to the Customer to submit a corresponding purchase offer to the Seller. Once the Seller has received the Customer’s order, the Customer will first be sent a confirmation that the order has been received by the Seller, usually by email (order confirmation). The order confirmation does not yet constitute acceptance of the order. After the Customer’s order has been sent, the Seller will review it promptly and inform the Customer within 5 working days whether the order is accepted (order acceptance). The period for acceptance of the offer begins on the day following the Customer’s submission of the offer and ends upon expiration of the fifth day following submission of the offer.

(2.4) The ordering process in the Seller’s online store functions as follows:

The Customer can select products from the Seller’s range and collect them in a so-called shopping cart via the “Add to Cart” button. By clicking on the “Shopping Cart” button, the Customer receives an overview of the selected products. By clicking the “Buy Now” button, the Customer submits a binding offer to purchase the goods in the shopping cart. Before submitting the order, the Customer can change and view the entered order and the data entered at any time using the browser functions “Back” and “Forward” displayed as arrow keys. The offer can only be submitted and transmitted if the Customer accepts these contractual terms by clicking on the “Accept Terms and Conditions” button and thereby incorporates them into the offer. The Seller will then send the Customer an automatic acknowledgment of receipt by email, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function. The automatic acknowledgment of receipt merely documents that the Customer’s order has been received by the Seller and does not constitute acceptance of the offer. The contract is only concluded when the Seller issues a declaration of acceptance, which is sent in a separate email.

 

3. Subject Matter of Contract, Quality

(3.1) The subject matter of the contract is the goods specified by the Customer in the order at the agreed final prices.

(3.2) The quality of the ordered goods is set out in the product descriptions in the online store. Images on the website may reproduce the products only imprecisely; in particular, colors may differ considerably for technical reasons. Images serve merely as illustrative material and may differ from the product. Technical data, weight, dimensions, and performance descriptions are given as precisely as possible but may exhibit the usual deviations.

 

4. Delivery, Prices, Shipping Costs

(4.1) Delivery to the shipping company takes place no later than two days after receipt of payment. The delivery time is up to five days. The Seller indicates any deviating delivery times on the respective product page.

(4.2) Delivery is made only within the EU.

(4.3) Item prices do not include value-added tax but are subject to margin scheme taxation under §25a UStG. The stated prices are final retail prices plus any applicable shipping costs.

 

5. Payment

Payment is made by advance payment (bank transfer).

 

6. Transport Damage

(6.1) If goods are delivered with obvious transport damage, the Customer is requested to report these defects immediately to the carrier and to contact the Seller as soon as possible.

(6.2) Failure to file a complaint or to contact the Seller has no consequences whatsoever for the Customer’s statutory warranty rights, but helps the Seller to assert its own claims against the carrier or transport insurance.

 

7. Warranty for Defects

The Seller is liable for defects in accordance with the applicable statutory provisions, in particular §§434 ff BGB.

 

8. Retention of Title

The delivered goods remain the property of the Seller until payment has been made in full.

 

9. Liability

The statutory provisions apply.

 

10. Contract Text

The contract text is stored on the Seller’s internal systems. The Customer can view the Terms and Conditions at any time in their customer account. The order data and the Terms and Conditions will be sent to the Customer by email. After completion of the order, the order data is no longer accessible via the internet for security reasons.

 

11. Final Provisions

(11.1) The contract language is German.

(11.2) Contracts between the Seller and Customers are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. This choice of law applies to consumers only insofar as the protection granted to the Customer by mandatory provisions of the law of the country of the consumer’s habitual residence is not withdrawn.

(11.3) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Seller shall be the Seller’s registered office. This also applies if the Customer does not have a general place of jurisdiction in Germany or the EU, or if their place of residence or habitual residence is not known at the time the action is filed.

(End of Terms and Conditions)