Terms and Conditions

General Terms and Conditions with Customer Information

Table of contents

General Terms and Conditions with Customer Information

Scope, Contracting Parties and Definitions
contract conclusion and contract language
right of withdrawal
delivery conditions and transport damage
Prices and payment terms
Liability for Defects
liability for damages
retention of title
Alternative Dispute Resolution
final provisions

1. Scope, contractual partners and definitions

1.1. The following General Terms and Conditions (hereinafter " GTC ") apply to all contracts between Aida Bogdaschin, AIDALINA Jewelry, Alte Wetzlarer Str. 26, 35510 Butzbach, Germany (hereinafter gender-neutrally referred to as " Seller ") and the customers (hereinafter gender-neutrally referred to as " Buyer ", jointly also referred to as " Parties ") of the Seller.

1.2. If the buyer uses conflicting or supplementary terms and conditions, their validity and inclusion are hereby contradicted, unless otherwise agreed between the parties. These terms and conditions also apply exclusively if the seller carries out the delivery to the buyer without special reservation in the knowledge of conflicting or deviating terms and conditions of the buyer.

1.3. These terms and conditions apply exclusively if the buyer is a consumer. According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. In contrast, according to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.4. These General Terms and Conditions apply to contracts for the sale and/or delivery of movable items (hereinafter referred to as “ goods ”) concluded by the Buyer with regard to the goods offered by the Seller in its online shop.

2. Conclusion of contract and contract language

2.1. The presentation and advertising of the range of articles or services in the seller's online shop do not constitute a binding offer on the part of the seller to conclude a contract, but serve to make a binding offer to conclude a contract by the buyer.

2.2. The buyer can submit an offer by filling out and submitting the online order form integrated in the seller's online shop. The data required to be entered by the buyer for the offer can be found in the input mask of the online order form. After entering the data in the online order form and clicking the button that completes the order process, the buyer submits a legally binding contract offer in relation to the selected product(s) placed in the virtual shopping cart. The buyer can correct his entries at any time before submitting his legally binding order using the usual keyboard and mouse functions.

by sending the buyer a declaration of acceptance (e.g. by order confirmation) in writing or text form (e.g. by letter or e-mail) and the relevant time is the receipt of the declaration of acceptance by the buyer, or
by delivering the ordered goods to the buyer, whereby the receipt of the goods by the buyer is decisive, or
by carrying out the payment transaction through the payment service provider selected by the buyer in his order. In this case, the time of conclusion of the contract depends on the payment method selected in accordance with section 5.5.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the buyer. The period ends with the expiry of the period specified by the seller. If the seller does not accept the buyer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the consequence that the seller is no longer bound by his declaration of intent.

2.3. The seller saves the contract text, including the general terms and conditions, when the contract is concluded, while maintaining data protection, and sends it to the buyer in written or text form (by letter or email) after the buyer has sent the order. The seller does not make the contract text available beyond this.

2.4. The contract is concluded exclusively in German.

2.5. The buyer must ensure that the email address provided during the order process is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the buyer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3. Right of withdrawal

3.1 As a consumer, the buyer has a fourteen-day right of withdrawal in accordance with the statutory provisions.

3.2 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

3.3. Further information on the right of withdrawal can be found in the seller’s cancellation policy.

4. Delivery conditions and transport damage

4.1. The delivery of goods takes place by shipping within the delivery area specified by the seller to the delivery address specified by the buyer, unless otherwise agreed between the parties. The delivery address specified by the buyer during the order is decisive.

4.2. If the delivery of the goods fails for reasons for which the buyer is responsible, the buyer is obliged to bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of delivery if the buyer effectively exercises his right of withdrawal. In the event of the buyer effectively exercising his right of withdrawal, the provisions in the seller's cancellation policy apply to return costs.

4.3. The risk of accidental loss and accidental deterioration of the goods sold is generally only transferred when the goods are handed over to the buyer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold is transferred to the buyer as soon as the seller has delivered the item to the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment, if the buyer has commissioned the forwarding agent, the freight carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the buyer.

4.4. If the seller cannot meet binding delivery deadlines for reasons for which he is not responsible (unavailability of the goods), the seller will inform the buyer of this immediately and at the same time provide the expected new delivery deadline. If the goods are not available within the new delivery deadline despite all reasonable efforts by the seller, the seller is entitled to withdraw from the contract in whole or in part; the seller will immediately reimburse any consideration already paid by the buyer. A case of unavailability of the goods is in particular the failure of the seller's suppliers to deliver on time or properly, provided that the seller has concluded a congruent hedging transaction and neither the seller nor its suppliers are at fault.

4.5. In the case of goods delivered with obvious transport damage, the buyer is requested to complain about this error to the deliverer as soon as possible and to contact the seller immediately. Failure to complain or contact the seller has no consequences for the legal claims and their enforcement, in particular for the buyer's warranty rights.

4.6. It is not possible to collect the goods yourself.

4.7. The seller does not deliver to packing stations.

5. Prices and payment terms

5.1. Unless otherwise stated in the seller's description of the item or service, the prices quoted are total prices. The total prices quoted are in EURO and are gross prices including the statutory sales tax applicable on the day of invoicing, plus any delivery and shipping costs that may apply. The seller delivers free of charge within Germany, Austria and Switzerland.

5.2. If the transport company returns the goods to the seller because delivery to the buyer was not possible, the buyer will bear the costs of the unsuccessful shipment. This does not apply if the buyer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance. Furthermore, this does not apply with regard to the costs of delivery if the buyer effectively exercises his right of cancellation. If the buyer effectively exercises his right of cancellation, the provisions in the seller's cancellation policy apply to the return costs.

5.3. If a delivery is made to countries outside the European Union, additional costs may be incurred in individual cases. These costs are borne by the buyer if the seller is not responsible for them. These costs may include taxes, customs duties and other public charges as well as costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees). Some of the aforementioned costs may also arise for deliveries to countries within the European Union if the buyer makes the payment from a country outside the European Union.

5.4. The statutory provisions on late payment apply. The seller reserves the right to claim further damages for late payment.

5.5. The buyer can pay the invoice amount at his choice using the following payment method(s):

5.6. If you select the payment method “ Klarna ”, the payment will be processed via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). The seller offers various payment methods as part of the payment provider Klarna. The buyer will receive further information during the ordering process and at www.klarna.com/de/ .

5.7. If you select the “ PayPal ” payment method, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “ PayPal ”), subject to the PayPal terms of use available at www.paypal.com/de/webapps/mpp/ua/useragreement-full . If the buyer does not have a PayPal account, the terms of use for payments without a PayPal account apply, available at www.paypal.com/de/webapps/mpp/ua/privacywax-full . PayPal may also use the services of third parties to process payments. If the seller makes advance payments to the buyer (e.g. purchase on account or payment in installments), the buyer assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the buyer. Acceptance of the seller's declaration of assignment requires a successful address and credit check by PayPal or the payment service provider commissioned by PayPal. The seller reserves the right to reject the selected payment method in the event of a negative check result. If the selected payment method is approved, the buyer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the buyer can only pay to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. The seller remains responsible for general inquiries from the buyer, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of revocation and revocations or credit notes.

5.8. If you select the payment method “ credit card via Stripe ”, payment will be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The invoice amount is due for payment immediately after the order has been completed. Stripe reserves the right to carry out an address and credit check and to reject the payment method if the address and credit check are negative. The buyer will receive further information during the ordering process and at stripe.com/de .

6. Liability for defects

6.1. Unless otherwise stated in the following provisions, the provisions of statutory liability for defects apply. The following applies to contracts for the delivery of goods:

6.2. If the buyer acts as an entrepreneur,

the seller has the choice of the type of subsequent performance;
For new goods, the limitation period for defects is one year from delivery of the goods;
In the case of used goods, rights and claims due to defects are excluded;
The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

6.3. The limitations of liability and shortening of time limits set out above do not apply

for claims for damages and reimbursement of expenses by the customer,
in the event that the seller has fraudulently concealed the defect,
for goods which have been used for a building in accordance with their usual use and have caused its defectiveness,
for any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

6.4. In addition, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

6.5. If the buyer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial duty of inspection and notification of defects in accordance with Section 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

7. Liability for damages

7.1. With regard to the services provided by the Seller, the Seller, its legal representatives and vicarious agents shall be liable without limitation

in case of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
in the case of a guarantee promise, insofar as this is agreed between the parties,
insofar as the scope of application of the Product Liability Act is open.

7.2. In the event of a breach of essential contractual obligations, the seller's liability is limited to foreseeable, contract-typical damage, unless unlimited liability is assumed in accordance with clause 7.1. Essential contractual obligations are those obligations which the contract imposes on the seller in accordance with its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the buyer can regularly rely (so-called cardinal obligations).

7.3. Otherwise, the Seller’s liability is excluded.

8. Retention of title

If the seller makes advance payments, he reserves title to the delivered goods until the purchase price owed has been paid in full.

9. Alternative dispute resolution

9.1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: ec.europa.eu/consumers/odr . This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

9.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

10. Final provisions

10.1. These General Terms and Conditions and the contractual relationship between the parties are subject to the law of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.

10.2. Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

10.3. If the buyer is a merchant within the meaning of the German Commercial Code, an entrepreneur within the meaning of Section 14 of the German Civil Code, a legal entity under public law or a special fund under public law, the exclusive - including international - place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the seller's place of business. In all cases, the seller is also entitled to bring an action at the place of performance of the service obligation in accordance with these General Terms and Conditions or a priority individual agreement or at the buyer's general place of jurisdiction. Priority statutory provisions, in particular those relating to exclusive jurisdiction, remain unaffected.

As of April 29, 2024

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