§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you have with us as a provider (Mera Kunabalachandran) via the website www.fiocco-jewelry.com. Unless otherwise agreed, the inclusion of any terms and conditions you may have used is objected to.
(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.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
(2) When we list the respective product on our website, we will make you a binding offer
Conclusion of a contract via the online shopping cart system under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
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 use the corresponding button in the navigation bar to access the “shopping cart” and make changes there at any time.
After clicking the “Checkout” or “Continue to order” button (or similar name) and entering your personal data as well as the payment and shipping conditions, the order details will be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will
either taken to the order overview page in our online shop or to the website of the provider of the instant payment system
forwarded.
If you are forwarded to the respective instant payment system, make the appropriate selection or enter your data there.
Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.
Before sending the order, you have the opportunity to check the information in the order overview again, change it (also using the "back" function of the Internet browser) or cancel the order. By submitting the order using the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar term) you declare your legally binding acceptance of the offer, whereby the contract comes into effect.
(4) Your requests to create an offer are non-binding for you. We will make you a binding offer
Text form (e.g. by email), which you accept within 5 days (unless another deadline is stated in the respective offer).
can.
(5) The order is processed and all information required in connection with the conclusion of the contract is transmitted
Email partly automated. You must therefore ensure that the email address you provide to us is correct
Receipt of emails is technically ensured and in particular is not prevented by SPAM filters.
§ 3 Special agreements on payment methods offered
(1) Payment via SOFORT / instant transfer
If you select the payment method Sofort / Sofortüberweisung, payment is processed via the payment service provider Sofort GmbH
(Theresienhöhe 12, 80339 Munich, Germany; “SOFORT”). Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). The prerequisite for using the SOFORT payment method is that you have an online banking account that has been activated for this purpose. During the payment process as part of the order, you must identify yourself accordingly and confirm the payment instruction to SOFORT. Your bank account will be debited immediately after submission
the order. Further information about SOFORT can be found at https://www.klarna.com/sofort/ .
(2) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”) we offer
the following payment options. Payment is made to Klarna:
Invoice (“Pay Later”): The Klarna invoice terms and conditions for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice ; the conditions for the option to extend the
Payment terms can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension .
The Klarna billing conditions for Austria can be found at
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; The conditions for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension .
Further information about Klarna and the Klarna terms of use for Austria can be found at
https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/ .
(3) Payment via “PayPal” / “PayPal Checkout”
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", payment will be processed via the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; " PayPal"). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. “PayPal” can use other payment services for payment processing; If special payment conditions apply, you will be informed of these separately. You can find more information about “PayPal” at
https://www.paypal.com/de/webapps/mpp/ua/legalhub-full .
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the ongoing business relationship have been settled in full. Before ownership of the reserved goods is transferred, there is a pledge
or transfer of security is not permitted.
b) You can resell the goods in the ordinary course of business. In this case, step in now
We transfer all claims in the amount of the invoice amount that arise from the resale to us
accept the assignment. You are still authorized to collect the claim. As far as yours
However, if payment obligations are not properly met, we reserve the right to make a claim
to move in yourself.
c) If the reserved goods are combined or mixed, we acquire co-ownership of the new item
Ratio of the invoice value of the reserved goods to the other processed items
Time of processing.
d) We undertake to release the securities to which we are entitled at your request to the extent that
The realizable value of our securities exceeds the claim to be secured by more than 10%. The selection
of the securities to be released is our responsibility.
§ 5 Warranty
(1) The statutory liability rights for defects apply.
(2) As a consumer, you are asked to check the item immediately upon delivery for completeness, obvious defects and transport damage and to report any complaints to us and the freight forwarder as quickly as possible. If you do not comply with this, this will have no effect on your statutory warranty claims.
(3) If a feature of the goods deviates from the objective requirements, the deviation is only considered agreed if you were informed of the same by us before the contract declaration was made and the deviation was expressly and separately agreed between the contracting parties.
(4) If you are an entrepreneur, the following warranty provisions apply:
a) Only our own information and the product description are considered to be the quality of the item
manufacturer as agreed, but not other advertising, public praise and statements by the manufacturer
manufacturer.
b) In the event of defects, we will, at our discretion, provide warranty through repair or subsequent delivery. If the defect cannot be remedied, you can either request a reduction in price or withdraw from the contract. The elimination of defects is deemed to have failed after an unsuccessful second attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of repair, we do not have to bear the increased costs that arise from moving the goods to a location other than the place of performance if the delivery does not correspond to the intended use of the goods.
c) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
– damages that are culpably attributable to us and result from injury to life, limb or injury
health and other damage caused intentionally or through gross negligence;
– if we fraudulently concealed the defect or provided a guarantee for the quality of the item
have;
– for items that have been used for a building in accordance with their usual use and
caused its deficiency;
– in the event of legal recourse claims that you have against us in connection with defect rights.
§ 6 Choice of law
(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 provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.
