Contractual terms and conditions within the framework of purchase contracts concluded via the platform https://annelie-froehling.de/

between

Annelie Waldhier-Fröhling, Seebergstr. 24, 75175 Pforzheim, Tel. 07231/20 43 81- 0, VAT identification number: DE347116865 – hereinafter referred to as the “Provider” –

and
the customer referred to in Section 2 of the contract – hereinafter referred to as “customer”.

§ 1 Scope, Definitions

(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the web shop provider (hereinafter "Provider") and the customer (hereinafter "Customer"). Deviating general terms and conditions of the customer shall not be recognized unless the Provider expressly agrees to their validity in writing.

(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his or her commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his or her commercial or independent professional activity.

§ 2 Conclusion of contract

(1) We offer handmade jewelry in our shop. These are generally unique pieces that are individually made according to customer requirements (e.g. ring color, diameter, and ring size). The customer can select individual pieces of jewelry from our range and collect them in a so-called shopping cart by clicking on the "Add to cart" button. For further customization, the customer can provide additional specifications in the "Comments" form. By clicking on the "Order with payment" button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer accepts these contractual terms and conditions by clicking on the "Accept Terms and Conditions" button, thereby including them in their application.

(2) The provider will then send the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application. The contract is only concluded when the provider submits the declaration of acceptance, which is sent with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, General Terms and Conditions, and order confirmation) will be sent to the customer by us on a permanent data medium (email or paper printout) (contract confirmation). The contract text will be stored in compliance with data protection regulations.

(3) The contract is concluded in German.

§ 3 Delivery, availability of goods

(1) Delivery times specified by us are calculated from the date of our order confirmation, subject to prior payment of the purchase price. If no or no different delivery time is specified for the respective goods in our online shop, the delivery time is 5-8 working days.

(2) If the product is permanently unavailable, the provider will refrain from issuing a declaration of acceptance. In this case, no contract will be concluded.

(3) If the product specified by the customer in the order is only temporarily unavailable, the provider will also inform the customer of this immediately in the order confirmation.

(4) The following delivery restrictions apply: The provider only delivers to customers who have their habitual residence (billing address) in the Federal Republic of Germany and who can provide a delivery address there.

§ 4 Retention of title

The delivered goods remain the property of the provider until full payment has been made.

§ 5 Prices and shipping costs

(1) All prices stated on the provider’s website include the applicable statutory value added tax.

(2) We deliver free of shipping costs.

(3) The goods will be shipped by mail. The shipping risk is borne by the provider if the customer is a consumer.

(4) It is not possible to collect the goods yourself.

(5) We do not deliver to packing stations.

(6) In the event of a cancellation, the customer shall bear the direct costs of returning the goods.

In this case, please contact us at info@annelie-froehling.de or by phone.

§ 6 Terms of payment

(1) The following payment methods are generally available to the customer:

Prepayment

If you choose the payment method prepayment, we will tell you our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
Enter your credit card details in the order process. Your card will be charged immediately after you have placed your order.

PayPal

In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), you must be registered with PayPal, authenticate yourself with your access data and
Confirm the payment order. The payment transaction will be processed by PayPal immediately after the order is placed. Further information will be provided
during the ordering process.
PayPal may offer additional payment methods in the customer account to registered PayPal customers selected according to its own criteria. However, we have no influence on the availability of these methods; additional individually offered payment methods affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.

(2) The customer can change the payment method stored in his user account at any time.

(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment due date is determined by the calendar, the customer shall be in default simply by missing the due date. In this case, the customer shall pay the provider default interest for the year at a rate of 5 percentage points above the base interest rate.

(4) The customer’s obligation to pay default interest does not exclude the provider from claiming further damages caused by default.

§ 7 Warranty for material defects, guarantee

(1) The Provider shall be liable for material defects in accordance with the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB). For businesses, the warranty period for goods delivered by the Provider shall be 12 months.

(2) An additional guarantee for the goods delivered by the provider only exists if this was expressly stated in the order confirmation for the respective article.

§ 8 Liability

(1) The customer's claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, or health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract if this was caused by simple negligence, unless the customer has claims for damages resulting from injury to life, body or health.

(3) The restrictions in paragraphs 1 and 2 shall also apply to the benefit of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 shall not apply if the provider fraudulently concealed the defect or provided a guarantee for the quality of the item. The same applies if the provider and the customer have entered into an agreement regarding the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 9 cancellation policy

(1) Consumers have a statutory right of withdrawal when concluding a distance selling contract, of which the provider informs them below in accordance with the statutory model. Exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form can be found in paragraph (3).

Right of cancellation

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

To exercise your right of withdrawal, you must inform us (Annelie Waldhier-Fröhling, Seebergstr. 24, 75175 Pforzheim, Tel. 07231/20 43 81- 0, E-Mail: info@annelie-froehling.de) by means of a clear statement (e.g. a letter sent by post, fax or e-mail) about your

decision to withdraw from this contract. You may use the attached model withdrawal form, although this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Consequences of withdrawal

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 expressly agreed otherwise 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 evidence that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You will bear the direct cost 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.

(2) The right of withdrawal does not apply to contracts for the supply of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(3) The provider informs about the model withdrawal form in accordance with the statutory provisions as follows:

Refund Request Form Template

(If you wish to cancel the contract, please fill out this form and return it.)

— To [here the name, address and, if applicable, fax number and email address of the trader shall be inserted by the trader]:
— I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

— Ordered on (*)/received on (*)
- name of the consumer (s)
- address of the consumer (s)
— Signature of the consumer(s) (only if notification is on paper) — Date
(*) Delete as appropriate

§ 10 Industrial property rights and copyright

The customer is not entitled to make copies of the goods.

§ 11 Data protection

1) We may process and store the data relating to the respective purchase contracts to the extent that this is necessary for the execution and processing of the purchase contract and as long as we are obliged to retain this data due to legal regulations.

(2) We reserve the right to transmit customer personal data to credit agencies if this is necessary for the purpose of a credit check, provided the customer expressly consents to this in each individual case. We will also not otherwise disclose personal customer data to third parties without the customer's express consent, except to the extent that we are legally obligated to disclose it.

(3) We are not permitted to collect, transmit or otherwise process the customer’s personal data for purposes other than those stated in this section.

§ 12 Final provisions

(1) Contracts between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the state in which the Customer, as a consumer, has his or her habitual residence, remain unaffected.

(2) 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.

(3) Even if individual provisions are legally invalid, the remaining parts of the contract remain binding. The invalid provisions shall be replaced, where applicable, by the statutory provisions. However, to the extent that this would constitute an unreasonable hardship for one of the contracting parties, the contract shall be invalid in its entirety.