Our online terms and conditions

General terms and conditions and legal information for the online shop dkeniz.com

(status: 01.08.2015)

Contract basis

a) The following General Terms and Conditions regulate the contractual relationship between Dkeniz.com, owner: Seher Erik, Am Plärrer 27, 90443 Nuremberg, and the customer of the online shop www.dkeniz.com

Customers within the meaning of these provisions are both consumers (any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity) and entrepreneurs (any natural or legal person or a partnership with legal capacity, who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction).

b) The General Terms and Conditions apply in the version valid at the time the contract is concluded for all goods delivery contracts and service contracts that have been concluded using only means of distance communication.

Deviating terms and conditions of the customer only apply if their application has been expressly agreed. An agreement cannot already be seen in the fact that the seller delivers in the knowledge of any customer terms and conditions. This also applies if the seller has not expressly objected to the validity of the customer terms and conditions upon delivery.

c) The contract language is German. The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.

This choice of law only applies to consumers insofar as this does not deprive them of the protection afforded to consumers by the mandatory provisions of the country in which the consumer has his habitual residence.

Offer, conclusion and storage of the contract

a) Information on the seller's website represents non-binding offers to place an order.
The purchase contract is concluded after receipt of the customer's binding order through the transmission of the contract confirmation by the seller (e.g. by telephone, fax, e -Mail or letter), otherwise by sending the goods. The confirmation is deemed to have been sent if, based on the usual course of events, it can be expected that the consumer will receive the declaration.
The automatic confirmation of the receipt of the order initially sent does not constitute acceptance of the contract offer, but merely confirms the receipt of the order . If the contract offer is not accepted within 2 days, it is considered rejected and the customer is no longer bound by it.

b) If the customer sends an offer or an inquiry to the seller, e.g. via a contact form, by e-mail or by telephone, the seller will send the customer a binding offer by e-mail, which the customer must respond to within 5 days can accept. In order to save the contract data sent, the customer can print it out or save it on his PC or another electronic data carrier.

c) The following steps are required to place the customer's binding order via the online shopping cart system: Please place the selected item(s) in the virtual "shopping cart" by clicking on the "Add to shopping cart" button. You can open this at any time by clicking on the button with the same name and make changes. After you have placed the desired items in the "shopping cart", you can go through the shopping cart by pressing the "Checkout" button to enter your personal data orTo the login area, if you have already registered with us. You will then be taken to the order overview page by selecting the payment method and shipping method. Here you can check all order data again and, if necessary, make changes or adjustments (e.g. by clicking on the "edit" link) or cancel the order (e.g. by closing the browser window). The ordering process is only completed when you click on the “buy” button.

d) The data of the customer's order and the text of the contract are not stored by the seller in a form that the customer can subsequently access. If the customer wants to document his order data, the customer should copy, print out or save them in some other way before submitting the binding order.
However, the seller will send the customer a contract confirmation at the latest upon delivery of the goods or before the start of the service , in which the content of the contract is reproduced.

Special regulations for contracts for the delivery of custom-made products

a) In the case of contracts for the manufacture and/or delivery of a custom-made item, Erik Juwelier Onlineshop provides services that are made according to customer specifications. Each custom-made product is a one-off production and is marked with (custom-made product) in the delivery time. The customer is therefore not entitled to a right of cancellation or a right of return.

b) Unless otherwise agreed, a custom-made product will only be delivered after the customer has paid the full purchase price plus shipping costs at Erik Juwelier Onlineshop.

c) Erik Juwelier Onlineshop does not assume any liability for color-accurate reproduction and any quality losses that may occur when the photo is compressed.

d) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.

e) We do not check the transmitted data for correctness of content and assume no liability for errors.

Payment, delivery

a) Unless otherwise agreed, the ordered goods will only be delivered against prepayment by bank transfer, Paypal, credit card (secured by SSL encryption) or cash on delivery.
In the case of prepayment, payment is due within 8 days after to conclude the contract.

The seller reserves the right to exclude the payment method cash on delivery or to determine a specific payment method.

b) Unless a different period is specified in the item description, delivery will be made within 5 working days of notification of contract acceptance or notification of dispatch of the goods, unless the item description expressly states a different delivery time or another one delivery time has been agreed.
If the customer decides to pay in advance, the period begins one day after the transfer has been made (issuance of the payment instruction to the bank or to PayPal).

You are only entitled to counterclaims if your counterclaims are undisputed or have been legally established. You can only assert a right of retention on the basis of counterclaims based on the same contractual relationship.

There are no deliveries on Sundays, public holidays and Saturdays.

c)    The seller does not assume any procurement risk and reserves the right to withdraw from the contract in the event of a lack of or untimely delivery to himself. This only applies in the event that the seller is not responsible for this and he in particular has to fulfill the obligation arising from the contract previously concluded a congruent hedging transaction. The seller will inform the customer immediately about missing or delayed self-delivery and, if necessary, exercise the right of withdrawal. In the event of withdrawal, services already received must be returned immediately.

Prices and shipping costs

a) All prices are given in euros (€) and include the statutory value added tax, as well as other price components and any other taxes and duties that may be incurred. The prices apply exclusively to orders in the online shop.

b) The respective packaging/shipping costs according to the item description are added to the product prices (in the case of cash on delivery, the cash on delivery fee and the delivery fee to be paid directly to the deliverer apply). For more information, see the Delivery and Shipping Costs page.

Warranty

a) Unless otherwise specified in b) and c), the statutory provisions apply.

b) For consumers who buy used items, claims for defects expire after one year.

For entrepreneurs, claims for defects for new goods become time-barred after one year from the transfer of risk; the warranty for used goods is excluded.

c) The shortened or excluded warranty periods regulated under 5 .b) do not apply in cases of liability for damage due to injury to life, limb or health. The same applies to damage caused by the seller or his vicarious agents through gross negligence or willful intent, or in the case of fraudulent intent and in cases of a right of recourse in accordance with §§ 478, 479 BGB; as well as for guarantees given by the seller.

Retention of title

The sold goods remain the property of Juwelier Erik Onlineshop until full payment has been made and you must treat the goods with care until ownership has passed. The customer is not entitled to legally dispose of the goods until ownership is acquired. He undertakes to inform the seller immediately if third parties assert rights to the goods.

Right of withdrawal

You have the following right of withdrawal:

You have the right to revoke this contract within 14 days without giving reasons. The cancellation/return period is 14 days from the day on which you or a third party named by you who is not the carrier took possession of the last goods.

To exercise your right of withdrawal, you must notify Erik Juwelier, Seher Erik, Am Plärrer27,

90443 Nuremberg; info@juwelier-erik.de by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the internet address info@juwelier-erik.de, but this is not compulsory.

To comply with the cancellation period, it is sufficient for you to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

Goods that have been manufactured according to customer specifications or are clearly tailored to the personal needs of the customer (e.g. engraved items) are excluded from the right of withdrawal. All engraved jewelry is for final sale and has been engraved according to the customer's instructions.Erik Juwelier is not liable for errors that are based on an instruction or specification of the customer

Consequences of revocation

If you withdraw from this contract, we will owe you all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a different type of delivery than that offered by us, have chosen the cheapest standard delivery) immediately and at the latest within 14 days from the day on which we received the 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 something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. We may refuse repayment until we have received the returned goods 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 case no later than 14 days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of 14 days has expired. You bear the direct costs of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

- End of cancellation policy -

Agreement on place of jurisdiction

a) If the contractual partner is a merchant, a legal entity under public law or a special fund under public law, our place of business - insert location/registered office of the seller - will be the exclusive place of jurisdiction for all claims arising from or on the basis of this contract , agreed.

b) Clause 7. a) also applies to persons who do not have a general place of jurisdiction in Germany, or persons who have moved their domicile or usual place of residence outside of Germany after the conclusion of the contract, or whose domicile or usual place of residence is in Germany The time when the lawsuit was filed is not known.

This does not apply if the customer is a consumer and has his place of residence or habitual abode in a member state of the European Union. In this case, an action must be brought before the competent court of the Member State of residence

USE OF SOCIAL PLUGINS

On this website we use social plugins from Facebook, Twitter, Google+ and Pinterest. If you visit a website that contains such a plugin, your browser can establish a direct connection with the servers of Facebook, Twitter, Google + or Pinterest and transmit data about your visitor behavior to the servers of Facebook, Twitter, Google + or Pinterest.

Use of Twitter plugins and the "Twitter" button:
Plugins from the Twitter social network are used on this website, which is managed by Twitter International Company, an Irish company with registered office at One Cumberland Place , Fenian Street, Dublin 2 D02 AX07, Ireland. If you live in the United States, your data is controlled by Twitter, Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A. . is operated. If you use Twitter and in particular the "Share" function, Twitter will link your Twitter account to the websites you visit. This will be announced to other users on Twitter, especially your followers.Data is also transmitted to Twitter in this way. We, as the provider of our website, are not informed by Twitter about the content of the data transmitted or the use of the data. You can find out more under the following link: http://twitter.com/privacy Please note, however, that you have the option of changing your data protection settings on Twitter in your account settings there at http://twitter.com/account /settings

Use of Google plug-ins and the "g+" button:
On this website, the "+1" button of the Google Plus social network of Google Inc., 1600 Amphitheater Parkway, Mountain View, California, 94043 USA , (hereinafter "Google") is used. If you use the "g+" button on our website, a connection to the Google servers in the USA will be established. In doing so, both your IP address and the information about which of our websites you visited

have transmitted to the Google server. If you are also a member of Google Plus and logged in to Google Plus at the time you use the plugin, the information collected about your website visit will be linked to your Google Plus account and made known to other users. Even in the case of interactions that are possible with the various Google plugins, the relevant information about you is collected and transmitted to Google and stored. You can see an overview of the different types of Google plugins here: https://developers.google.com/+/plugins If you have made your profile publicly accessible in the Google Plus settings, your “g+” can be viewed by Google as a Notices are displayed together with your profile name and photo in Google services, such as in search results or in your Google profile, or elsewhere on websites and advertisements on the Internet. You can find more information about the collection and use of data by Google, your rights in this regard and options for protecting your privacy in Google's data protection information: www.google.com/intl/de/+/policy/+1button.html. You also have the option of installing the appropriate add-ons in your browser to prevent the Google plugins from loading.

LINKS TO EXTERNAL WEBSITES

The Erik Juwelier website and this data protection declaration contain links to external websites over which Erik Juwelier has no influence. Therefore, Erik Juwelier cannot accept any liability for the content, quality, nature or reliability of these external websites. Placing a link does not imply endorsement or approval of the information or services offered on the respective pages. The respective provider or operator of the pages is solely responsible for the content of the linked pages.

RIGHT OF WITHDRAWAL AND INFORMATION ABOUT YOUR DATA STORED WITH US

You can revoke any consent you may have given us for the collection, processing and/or use of your personal data at any time with effect for the future. After we have received your revocation, your data will be deleted immediately, provided that we do not still need them for the execution of the contract and are permitted to collect, process and use them in accordance with the statutory provisions, and unless we are legally obliged to store them. You also have the right at any time to request information about your data stored by us free of charge within the legally prescribed framework. If your data is incorrect or wrongly stored, we will be happy to correct, block or delete it. We kindly ask you to notify us if there have been any changes to your personal data.Please address your revocations, requests for information or inquiries about data protection to:

Erik Juwelier, Am Plärrer 27, 90443 Nuremberg, Tel. 0049911261385, Fax 0049911268662

Email: info@juwelier-erik.de

CHANGES TO THIS PRIVACY POLICY

We reserve the right to change or supplement the data protection declaration as required. The change will be published here. You should therefore visit this website regularly to find out about the current status of the data protection declaration

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