General terms and conditions of business
§ 1 Validity, definitions
(1) Atelier Schmuck Design Objekte Beatrice Müller, Hauptstraße 51, 90547 Stein, Germany (hereinafter: “we” or “Beatrice Müller”) operates an online shop for goods at beatrice-mueller.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of contracts, storage of the contract text
(1) The following provisions regarding the conclusion of the contract apply to orders placed via our online shop at beatrice-mueller.de.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following provisions apply: The customer submits a binding contractual offer by successfully completing the ordering process provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods,
- Adding the products by clicking on the corresponding button (e.g. “Add to cart”, “Add to shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entering/checking address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- Complete your order by clicking the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us to the specified e-mail address within three working days.
(4) In the event of conclusion of the contract, the contract is concluded with Atelier Schmuck Design Objekte Beatrice Müller, Hauptstraße 51, 90547 Stein, Germany.
(5) Before placing an order, the contract details can be printed out using the browser’s print function or saved electronically. The order processing and transmission of all information required in connection with the conclusion of the contract, in particular the order details, the General Terms and Conditions, and the cancellation policy, will be carried out via email after you have placed the order, partly automatically. We do not save the contract text after the contract has been concluded.
(6) Input errors can be corrected using standard keyboard, mouse, and browser functions (e.g., the browser’s “Back” button). They can also be corrected by prematurely aborting the order process, closing the browser window, and repeating the process.
(7) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.
§ 3 Subject of the contract and essential characteristics of the products
(1) The subject matter of our online shop is:
- The sale of goods. The specific goods offered can be found on our product pages.
(2) The essential characteristics of the goods can be found in the item description.
(3) The sale of digital products is subject to the restrictions stated in the product description or otherwise arising from the circumstances, particularly regarding hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is solely the private and commercial use of the products, without the right to resale or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices and shipping costs stated in the respective offers are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (prepayment), unless we expressly offer purchase on account. The payment methods available to you are indicated under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products unless the respective item is marked as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, in the shopping cart system, if applicable, and on the order overview.
(4) Unless otherwise clearly stated in the product description, all products offered are ready for immediate dispatch (delivery time: 3 to 5 working days after receipt of payment).
(5) Delivery takes place worldwide.
§ 5 Right of retention, retention of title
(1) You may only exercise a right of retention if the claims arise from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy .
§ 7 Contract language
The contract language is exclusively German.
§ 8 Warranty
(1) The warranty is governed by the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods shall be 12 months.
(3) As a consumer, you are requested to immediately inspect the item/digital goods or the provided service upon fulfillment of the contract for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so will, of course, have no effect on your statutory warranty claims.
§ 9 Final provisions
(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country of their habitual residence (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.