Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic Terms and Conditions
(1) The following terms and conditions apply to All contracts that you conclude with us as a provider (ELLA Juwelen GmbH) via the website www.ella-juwelen.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own terms and conditions that you may use is contravened.
(2) A consumer within the meaning of the following rules is any natural person who enters into a legal transaction for purposes that are primarily neither commercial nor independent Activity can be attributed. An entrepreneur is any natural or legal person or a legal partnership that, in the course of entering into a legal transaction, is exercising its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. Our offers on the Internet are not binding and no binding offer to conclude a contract.
(2) You can submit a binding purchase order (order) via the online shopping cart system. The goods intended for purchase are stored in the "shopping cart." You can use the corresponding button in the navigation bar to open the "shopping cart" and make changes there at any time. After opening the "Cashier" page and entering the personal data as well as the terms of payment and shipping, all order data will be shown on the order summary page before submitting the order you have the opportunity to review all information here again (also via the function "back" of the internet browser) or cancel the purchase. By submitting the order via the button "buy" you make a binding offer from us. You will receive an automatic e-mail about the receipt of your order, which does not lead to the conclusion of the contract.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (eg E -Mail), in which you the execution of the order or delivery of the goods is confirmed (order confirmation). If you did not receive the appropriate message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(4) The processing of the order and the transmission of all information required in connection with the conclusion of the contract shall be partially automated by e-mail. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 Individually designed goods
(1) You provide us with the information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Please observe our possible specifications regarding file formats.
(2) You agree not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us against all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the submitted data for correctness of the content and do not accept any liability for errors.
(4) As far as we are aware If you create texts, pictures, graphics and designs for you, they are subject to copyright. Without our express consent, the use, reproduction or modification of individual parts or complete contents is not permitted. Unless otherwise agreed, we transfer to you an unlimited right of use for the copyrighted works created for you. You are expressly prohibited from making the protected works or parts thereof available to any third party privately or commercially. The transfer of the right of use is subject to the condition precedent of the full payment of the agreed purchase price.
§ 4 Special agreements for payment methods offered
(1) Payment by installments via Klarna In cooperation with Klarna, we offer you the installment purchase as a payment option.
Please note that Klarna installment purchase is only available to consumers and that payment must be made to Klarna.
Klarna installment purchase
With Klarna's financing service, you can flexibly pay for your purchase in monthly installments of at least 1/24 of the total amount (but at least € 6.95). For more information about Klarna installment purchases, including the terms and conditions and European standard consumer credit information, please see .
(2) Purchase on account:
View additional terms and conditions for purchase on account at ELLA Jewels
§ 5 Right of Retention, Retention of Title
(1) A right of retention can only be exercised in the case of claims arising from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 6 Liability
(1) We are fully liable for damages resulting from injury to life, limb or health. Furthermore, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assuming the guarantee for the nature of the object of purchase and in all other legally regulated cases.
(2) The liability for defects in the context The statutory warranty is based on the corresponding provision in our customer information (Part II).
(3) If material contractual obligations are affected, our liability for slight negligence shall be limited to the typical, foreseeable damage. Significant contractual obligations are essential obligations which arise from the nature of the contract and whose violation would jeopardize the achievement of the purpose of the contract and obligations which the contract imposes on us according to its content for the purpose of achieving the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on compliance with which you may regularly rely.
(4) Liability for slightly negligent breaches of duty is excluded in the case of breach of insignificant contractual obligations.
(5) Data communication via the Internet is not possible according to the current state of the art guaranteed error-free and / or available at any time. In this respect, we are not liable for the permanent or uninterrupted availability of the website and the services offered there.
§ 7 Choice of law, place of performance, place of jurisdiction
(1) German applies Law. For consumers, this choice of law applies only insofar as it does not remove the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favoritism).
(2) Place of performance for all services arising from the business relationships existing with us and place of jurisdiction is our seat, as far as you are not a consumer, but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to call the court at another statutory place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention explicitly do not apply.
II. Customer information
1. Identity of the seller
ELLA Juwelen GmbH Feldgasse 50
2201 Gerasdorf Austria
Telephone: +43 1 2706519 E-Mail: support@ ella-juwelen.com
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http: // ec. europa.eu/odr .
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are made in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, Vert rage text storage
3.1. Contract language is German.
3.2. The complete contract text will not be saved by us. Before submitting the order via the online shopping cart system, the contract data can be printed out or saved electronically using the browser's print function. Once the order has been received by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you by e-mail.
4. Codes of conduct
4.1. We have subjected ourselves to the buyer seal quality criteria of Händlerbund Management AG and, as a result, the Ecommerce Europe Trustmark Code of Conduct, available at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and http: //www.ecommercetrustmark.eu/the-code-of-conduct/
5. Main characteristics of the product or service
The essential features of the goods and / or services can be found in the respective offer.
6. Prices and payment methods
6.1. The prices quoted in the respective offers as well as the shipping costs are total prices. They include all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via an appropriately designated button on our website or in the respective offer, will be shown separately in the course of the order process and must be borne by you in addition, unless the delivery is free of charge.
6.3. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
6.4. Unless otherwise stated in the individual payment methods, payment claims under the contract are due for immediate payment. 7. Terms of Delivery
7.1. The terms of delivery, the delivery date and any existing delivery restrictions can be found under a corresponding button on our website or in the respective offer.
7.2. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the goods sold will only be transferred to you upon delivery of the goods during the shipment, irrespective of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the contractor or any other person designated to carry out the transfer.
8. Legal Liability Right
8.1. There are statutory warranty rights.
8.2. As a consumer, you will be asked to check the goods immediately upon delivery for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this does not affect your statutory warranty claims. These GTC and customer information were created by lawyers specialized in IT law of the dealer federation and are permanently checked for legal compliance. The Händlerbund Management AG guarantees the legal certainty of the texts and is liable in case of warnings. For further information, please visit: http://www.haendlerbund.de/agb-service.
9. Acceptance denied:
ELLA Juwelen GmbH reserves the right, if on shipments the acceptance is refused or these are not picked up, a fee of 15 EUR due to the additional processing and delivery charges.
last updated: 28.09.2016