General business relations

Status: 12.10.2018

Validity of the General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded via the online shop www.myfinejewellery.at between Juwelenwerk - Adi Karl and customers who are consumers.

A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either his commercial or his independent professional activity.

Acceptance of the General Terms and Conditions

The customer acknowledges and agrees to these Terms and Conditions upon placing an order. The contracting parties agree to the application of Austrian law. If the consumer has their residence or habitual abode in Austria, or is employed in Austria, any legal action against them shall be subject only to the jurisdiction of the court within whose district their residence, habitual abode, or place of employment is located. This does not apply to legal disputes that have already arisen.

Defensive clause

The inclusion of general terms and conditions or contractual terms of the customer that deviate from these General Terms and Conditions will be rejected unless they are expressly accepted by Juwelenwerk - Adi Karl.

Conclusion of contract

Website of Juwelenwerk - Adi Karl on the website www.myfinejewellery.at

The product presentation on the website does not constitute an offer in the legal sense. It is an invitation to the customer to submit an offer themselves. The offer in the legal sense is made by the customer by placing an order. Confirmation of receipt of the order, along with acceptance of the order, is sent via an automated email immediately after submission. This email confirmation constitutes the conclusion of the purchase contract.

Ordering process

When viewing the product range in the online shop www.myfinejewellery.at, the customer can select the desired product(s) by clicking on the "Add to cart" button. The selected products will be temporarily stored in the shopping cart during the customer's visit to the website www.myfinejewellery.at . By clicking on the "Checkout" button next to the products listed in the shopping cart, the ordering process continues. On the next page, the customer is asked to enter their contact information and delivery address. By selecting the option "Save my information and pay faster next time", the previously entered customer data will be saved. By clicking on "Continue to shipping method", the customer is taken to the shipping options; we currently offer free standard shipping to all countries. The customer then selects the desired payment method and enters the data required to process the payment. If external payment services such as PayPal are selected, the customer will be redirected to the external website of the respective payment service provider. Before placing an order, the relevant data is summarized in an "order overview." The customer is free to review the information in the order overview and correct it if necessary before submitting their order to Juwelenwerk - Adi Karl by clicking the "Submit & Pay" button. By clicking the "Submit & Pay" button, the customer submits a binding offer to purchase the selected goods.

Order confirmation (= conclusion of contract)

Upon receipt of the order, Juwelenwerk - Adi Karl will send a notification email to the email address provided by the customer, confirming receipt of the order and reproducing its contents (hereinafter referred to as the "Order Confirmation"). Should Juwelenwerk - Adi Karl reject the contract, the customer will be notified immediately by email.

Storage of the contract text

The contract text, i.e., the customer's details regarding the order process, is saved by Juwelenwerk - Adi Karl and can be viewed by the customer under the link "My Account" / "My Orders." Independently of this, the online shop myfinejwellery.at sends an order confirmation to the email address provided by the customer.

Right of withdrawal

You can return the goods received within 14 days without giving any reason by returning the goods.

Sale items are excluded from returns.

Cancellation policy

The following cancellation policy applies to contracts for goods that can be sent as a parcel by post.

Right of withdrawal for goods that can be sent by parcel

As a consumer, you have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier designated by you last takes possession of the goods.

To exercise your right of withdrawal, you must

Jewelery – Adi Karl
Silberzeile 15
4780 Schärding
Austria

Email: juwelenwerk[at]aon.at

by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. To meet the withdrawal deadline, it is sufficient for you to send your notification of your exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return or hand over the goods to us immediately and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract.

Jewelery – Adi Karl
Silberzeile 15
4780 Schärding
Austria

to return or hand over the goods. This deadline is met if you send the goods before the expiry of the fourteen-day period.

Returns must be paid for by yourself.

Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer cannot be revoked.

Prices
All product prices are total prices; they include statutory sales tax (VAT).
Pricing errors excepted. If the correct price is higher, the customer will be contacted; in this case, a contract will only be concluded if the customer wishes to purchase at the actual price. If the correct price is lower, that price will be charged.

Shipping costs
Shipping costs are included in the prices quoted.

Delivery conditions
Unless otherwise agreed, delivery will be made to the address provided by the customer. We also deliver to packing stations. The estimated delivery time is 3 to 6 working days if the goods are in stock with us. Otherwise, 14 to 20 working days. If the goods are damaged during transport, the customer must immediately notify the transport company of the damage and claim the damages there. Juwelenwerk (owner Adolf Karl) assumes no liability for delivery obstacles on the part of suppliers or manufacturers. If delivery or compliance with an agreed delivery time becomes impossible due to circumstances beyond its control, Juwelenwerk is entitled to withdraw from the contract in whole or in part. Juwelenwerk will notify the customer of this immediately. Claims for damages are excluded in this case. The customer will be informed of existing delivery restrictions before the order process begins.

Due date and retention of title
The purchase price is due upon delivery of the goods at the latest. The delivered goods remain the property of Juwelenwerk - Adi Karl until full payment has been received.

Payment terms
Juwelenwerk (owned by Adolf Karl) accepts the following payment methods: PayPal and credit card (Visa, Mastercard, AmEx). When paying by credit card, your credit card will be charged after the order is completed. This happens immediately, even if we don't have the item in stock and can only ship it in a few days. Our cooperation partner for this is Shopify Payment Services. Information on data protection can be foundhere .
PayPal - You pay the invoice amount via the online provider PayPal. You must be registered with PayPal or register first. After verifying your identity with your login details, you can confirm the payment order to us. You will receive further information during the ordering process. Information on data protection can be found here .
The statutory default regulations apply. Reminder fees can be claimed starting with the second reminder.

Warranty
Unless otherwise specified, general statutory provisions apply. Warranty is excluded for defects caused by the customer. This particularly applies to improper handling, incorrect operation, or unauthorized repair attempts. The shortened limitation period does not apply to damages resulting from a grossly negligent breach of duty by Juwelenwerk or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Juwelenwerk. Furthermore, the shortened limitation period does not apply to claims for damages resulting from the negligent or intentional breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.
If goods are delivered with obvious transport damage, please report such defects immediately to the delivery person and contact us as soon as possible. Failure to file a complaint or contact us will not affect the statutory warranty claims of consumers and merely serves to support the seller in asserting its claims against the company commissioned with delivering the goods or the insurance company. If a manufacturer's warranty exists, the customer must assert any claims arising from it directly against the manufacturer. Juwelenwerk's liability under the warranty is excluded.

Disclaimer
Claims for damages by the customer against Juwelenwerk - Adi Karl are excluded unless Juwelenwerk - Adi Karl or its vicarious agents have acted intentionally or with gross negligence.
Liability for damages resulting from injury to life, body, or health, due to negligent or intentional breach of essential contractual obligations, or to the extent that liability is mandatory under the Product Liability Act or due to negligence upon conclusion of the contract, or due to other breaches of duty or tortious claims for compensation for property damage, remains unaffected. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.

Right of set-off, right of retention
The customer is not entitled to offset our claims unless the customer's counterclaims have been legally established or are undisputed. The customer is also entitled to offset our claims if they assert complaints about defects or counterclaims arising from the same purchase contract. The customer may only exercise a right of retention if their counterclaim is based on the same purchase contract.

Changes to the General Terms and Conditions / Subject to change
We reserve the right to unilaterally amend these General Terms and Conditions if this is necessary to eliminate any subsequent equivalence issues or to adapt to changes in legal or technical conditions. We will notify the customer of any changes by sending the content of the amended provisions to the customer's last known email address. The change will become part of the contract if the customer does not object to its inclusion in the contractual relationship in writing or text form within six weeks of receiving the notification of the change.

Severability clause
Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall not be affected.

Contract language
The language available for concluding the contract is German.

Contract law
Austrian law applies to the contractual relationship.

Arbitration board and online dispute resolution

We undertake to participate in the arbitration procedure of the Internet Ombudsman in the event of disputes: www.ombudsmann.at

If you have any problems, you can submit a complaint via this platform and have it handled by an independent dispute resolution body:

https://ec.europa.eu/consumers/odr

Our email address: juwelenwerk[at]aon.at