Scope and provider
(1) The general terms and conditions (hereinafter referred to as “GTC”) regulate the sale of products to you by ELjewerly (hereinafter the provider), in the version valid at the time of the order.
(2) Any deviating general terms and conditions of the customer will be rejected.
(3) Please read these terms carefully before placing an order with ELjewerly. By placing an order with ELjewerly, you consent to the application of these terms and conditions of sale to your order.
(4) On ELjewerly we offer the sale of the following products:
Jewelry, gemstones and accessories .
Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are aimed exclusively at end customers with an invoice and delivery address in worldwide.
In the case of individual bulky items, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.
(3) The customer must have reached the age of 18.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is only asked to make an offer.
(5) Your order represents an offer to ELjewerly to conclude a purchase contract. The customer submits a binding offer if he has completed the online ordering process by entering the information requested there and clicks the “pay now” button in the last order step.
(6) The purchase contract between the provider and the customer only comes into existence through a declaration of acceptance by the provider. This takes place on the earlier of the two dates, either by sending the goods or by sending a dispatch confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than normal quantities as well as the commercial resale of the object of purchase requires the express confirmation of the provider. This refers both to the number of products ordered in the context of an order and to the placing of several orders for the same product, for which the individual orders comprise a normal household quantity.
(8) Your orders will be saved by us after the contract is concluded. If you lose your documents relating to your orders, please contact us by email or phone. We will send you a copy of the order data.
(9) You agree that you will receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the website. We will inform you in the shipping confirmation for each delivery whether an electronic invoice is available. Visit our website for more information about electronic invoices.
Prices and shipping costs
(1) Our prices include the applicable statutory value added tax and do not include a flat shipping fee or shipping surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the item.
(2) Despite our best efforts, a small number of the products in our catalog may be priced incorrectly. We check the prices when we process your order and before we charge the payment. If a product has an incorrect price and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask if you want to buy the product at the correct price or cancel the order , If the correct price of a product is lower than the price we have specified, we will calculate the lower amount and send the product to you.
(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order apply.
Delivery and cancellation
(1) Unless otherwise agreed, delivery is made to the delivery address specified by the customer. On the website you will find information on the availability of products sold by ELjewerly (e.g. on the respective product detail page). We would like to point out that all information on the availability, shipping or delivery of a product is only an indication and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date for the shipping options of the respective product.
(2) If ELjewerly determines while processing your order that products you have ordered are not available
(1) If you order products from ELjewerly for delivery outside the European Union, you may be subject to import duties and taxes, which are levied as soon as the package reaches the specified destination. Any additional customs clearance fees must be borne by you; we have no control over these fees. Customs regulations vary widely from country to country, so you should contact your local customs office for more information.
(2) Please also note that when you order from ELjewerly you will be considered the importer and that you must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to draw our international customers’ attention to the fact that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.
(1) The customer can pay for the goods using the following payment methods:
- Credit card
- Instant bank transfer
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or checks.
(4) If the customer chooses an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.
(5) If the provider offers payment in advance and the customer chooses this payment method, the customer must transfer the invoice amount to the provider’s account within five calendar days of receipt of the order. The provider accordingly reserves the goods for five calendar days.
(6) If the provider offers payment by credit card and the customer chooses this payment method, the provider expressly authorizes the provider to collect the amounts due after the partial deliveries or goods deliveries have been dispatched.
(7) If the provider offers payment by direct debit and the customer chooses this payment method, the customer grants the provider a basic SEPA mandate. If a payment transaction is re-booked when paying by direct debit due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs.
(8) If the provider offers payment in advance and the customer chooses this payment method, the customer undertakes to settle the invoice amount within 14 days after dispatch of the goods without any discount.
(9) If the customer is in arrears with the payment, the provider reserves the right to assert the damage caused by the delay.
Offsetting and right of retention
(1) The purchaser is only entitled to offset if the counterclaim of the purchaser has been legally established or has not been contested by the provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
Retention of title
ELjewerly reserves ownership of the goods until full payment has been made.
(1) If the customer receives the goods with obvious transport damage, the provider requests that he complain about them as soon as possible.
(2) If the customer misses the complaint, this has no consequences on the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
(1) If the customer is a consumer, the guarantee and liability for defects in the delivered object of purchase are based on the statutory provisions: Accordingly, customers in the European Union have warranty rights in addition to your 30-day return guarantee for a period of two years from the delivery of the goods and can request the repair or replacement of the products purchased on ELjewerly if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.
(2) In the case of used goods, the warranty period can be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period is one year. This applies insofar as there are no claims for damages and reimbursement of expenses that are asserted for compensation for damage to body and health or for intent or gross negligence
Limitation of liability (products)
(1) The provider is liable for damage claims of the customer from injury to life, limb, health or from the breach of essential contractual obligations, as well as for other damages caused by their willful or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the Provider based.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.
(3) The provider is liable for violations of essential contractual obligations that are based on contract-typical, foreseeable damage, provided that the damage was caused simply negligent. This limitation does not apply to claims for damages on the part of the customer based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as ELjewerly’s liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
Right of withdrawal
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, receives the goods (or the last goods, partial consignment or piece in the case of a contract for several goods of a single order or the delivery of one Have taken possession of the goods in several partial consignments or pieces) without stating reasons.
To exercise your right of withdrawal, you must tell us:
Mayer-Franken-Strasse 15, Forchheim 91301
Email: [email protected]
inform you of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the model withdrawal form on our website or send us another clear explanation. If you make use of this option, we will send you a confirmation of receipt of such a revocation immediately (e.g. by email).
To meet the cancellation deadline, it is sufficient for you to send your communication regarding your exercise of the right of cancellation before the cancellation period has expired and for the goods to be returned via our online return center within the period defined below.
Consequences of cancellation
If you cancel this contract, we have made all payments we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery we offer have) to repay immediately and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You have the goods immediately and in any event not later than 14 days from the date on which you inform us of the cancellation of this contract
Mayer-Franken-Strasse 15, Forchheim 91301
Email: [email protected]
send back or hand over. The deadline is met if you send the goods before the 14 day period has expired. You have to bear the regular costs of the return if the delivered goods correspond to the ordered ones and if the price of the item to be returned does not exceed an amount of € 75 (seventy-five euros) or if you do not have a higher price of the item at the time of the cancellation have rendered the consideration or a contractually agreed partial payment. Otherwise, the return is free of charge.
Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the nature, properties and functionality of the goods.
The right of withdrawal does not exist or expires on the following contracts:
- for the delivery of goods that are not suitable for return for reasons of health protection or for hygiene reasons and whose sealing was removed after delivery or that were inseparably mixed with other goods after delivery due to their nature;
Exclusion of the right of withdrawal
(1) The right of withdrawal does not exist for contracts
- for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or that are clearly tailored to the personal needs of the consumer;
- for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded;
(2) The right of withdrawal expires prematurely in contracts
- for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
- for the delivery of goods if, due to their nature, they have been inseparably mixed with other goods after delivery;
- for the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
(1) If personal data (e.g. name, address, email address) is collected, we undertake to obtain your prior consent. We are committed to not disclosing any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by email) can have security gaps. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. Our liability is excluded in this regard.
(3) Third parties are not entitled to use contact details for commercial activities, provided the provider has given the data subjects prior written consent.
(4) You have the right at any time to receive complete and free information from ELjewerly about your data.
(5) Furthermore, there is a right to correction / deletion of data / restriction of processing for the user.
(6) Further information on data protection can be found in the separate data protection declaration.
(3) By using cookies, users of this website can provide more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, which are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this you have a banner which you can object to / accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or cookies that have already been stored are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
Place of jurisdiction and applicable law
(1) For differences of opinion and disputes on the basis of this contract, the law of the Federal Republic of Germany applies exclusively, excluding the UN Sales Convention.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
(1) The contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be bought by adults. If you are under 18, you may only use ELjewerly with the participation of a parent or legal guardian.
(3) If you violate these terms and conditions and we do nothing about them, we are still entitled to exercise our rights on any other occasion in which you violate these terms of sale.
(4) We reserve the right to make changes to our website, rules, conditions, including these terms and conditions at any time. Your order will be subject to the terms of sale, contractual conditions and general terms and conditions that are in force at the time of your order, unless a change to these conditions is required by law or by official order (in this case, they also apply to orders that You have previously made). If a regulation in these sales conditions is ineffective, void or unenforceable for any reason, this regulation is considered separable and does not affect the validity and enforceability of the remaining regulations.
(5) The ineffectiveness of one provision does not affect the effectiveness of the other provisions from the contract. If this happens, the purpose and meaning of the provision should be replaced by another legally permissible provision that corresponds to the meaning and purpose of the ineffective provision.