GENERAL TERMS AND CONDITIONS OF BUSINESS
§ 1 General
The following General Terms and Conditions of Business apply to all legal relationships between Sara Lashay, Lossenweg 33, 64285 Darmstadt, Germany (hereinafter referred to as „supplier“) and the customer based on orders placed by the customer in the supplier’s online shop. The applicable version of the General Terms and Conditions of Business is the version in force at the time the contract is concluded.
§ 2 Contracts
1. Customers for the purposes of these General Terms and Conditions of Business may refer either to consumers or to entrepreneurs. Consumers for the purposes of these General Terms and Conditions of Business refer to natural persons who conclude a legal transaction that can neither be attributed to their commercial nor to their freelance professional activities. An entrepreneur for the purposes of these General Terms and Conditions of Business refers to natural or legal persons or to partnerships vested with a legal capacity with which business relationships are initiated and which either exercise commercial activities or freelance professional activities.
2.The customer’s general terms and conditions of business shall not apply.
3. Any individual agreements entered into between the supplier and the customer shall take precedence before these General Terms and Conditions of Business.
4. The presentation of products on the supplier´s website does not constitute any offer by the supplier for a purchase contract.
5. By submitting the order form provided on www.saralashay.com to the supplier the customer is placing a binding offer for a purchase contract with the supplier. The customer submits an offer by entering all required information during the ordering process and posting the order form to the supplier by using the button “complete purchase”. Before submitting the offer the customer will be able to view the order details and correct any mistakes in the information provided.
6. On receipt of the customer´s order the supplier will send an e-mail confirming receipt of the order and stating the details of the order (order confirmation). The supplier´s order confirmation does not constitute a declaration of acceptance of your contractual offer but serves for information purposes only.
7. A purchase contract between the customer and the supplier will become effective only after the supplier has accepted the offer by dispatching the goods ordered. If payment in advance was chosen as payment option, the goods will be dispatched only after the full amount has been credited to the supplier´s account.
8. The supplier has the right to refuse any offer without stating a reason, especially if there are legitimate grounds to suspect that the goods purchased via the internet are intended to be resold on a commercial basis.
9. Contract language is German.
§ 3 Cancellation policy advisory
The cancellation policy applies solely to consumers under § 13 of the German Civil Code of Law (BGB). Consumers are all individuals that complete a transaction that is not attributable to their commercial or self-employed occupation.
The customer may repeal its contract of purchase within 14 days without having to state reasons.
The allocated cancellation timeframe is 14 days, effective the day that the customer or an assigned third party, who may not be the carrier/courier, took said commodities into their possession.
To administer the customer´s right to cancel the order, the customer has to inform the supplier – Sara Lashay, Lossenweg 33, 64285 Darmstadt, firstname.lastname@example.org – by sending an explicit declaration stating that the customer is repealing the contract of purchase (for example: by sending a letter or an email).
It will suffice to send the notification of repeal within the given cancellation timeframe in order for the 14-day cancellation timeframe to be granted.
CONSEQUENCES OF CANCELLATION
If the customer repeals the contract of purchase, the supplier is obligated to refund all payments that he has received from the customer, excluding shipping costs, immediately and within 14 days at most, effective the day that the supplier receives the customer´s repeal.
The payment method which was used to make the transaction will also be used for the reimbursement, unless the supplier and the customer have explicitly agreed to something else. The customer will not be charged any fees for the reimbursement.
The supplier reserves the right to withhold the reimbursement until the supplier has received the returned items.
The items have to be sent back to the supplier immediately and no later than 14 days after the date on which the customer has notified the supplier of the cancellation of this contract. The extended deadline will be granted if the items are sent back within fourteen days. All return shipments are at the customer´s expense.
Please send all returns to: Sara Lashay, Lossenweg 33, 64285 Darmstadt, Germany.
The customer is only required to compensate the supplier for any loss in value if the loss in value can be traced back to unnecessary handling, which goes beyond the admissible proofing of the condition of the item, its characteristics and functionality.
End of advisory
§ 4 Prices; product presentation; Gift Card; Promotion Code
1. The prices stated on www.saralashay.com at the time of the order apply. These include the valid applicable German VAT (at present 19 percent).
2. The goods offered at www.saralashay.com are presented on the website in the form of digital photographs of the actual products. Each and every semi-precious stone is an unique product of nature. Minor discrepancies between the presentation and the actual products do not qualify as a defect in the goods ordered.
3. Gift Card
3.1 The Gift Card can be used to purchase any article available on www.saralashay.com – except for additional Gift Cards – prior to its expiration date.
3.2. Exchanges or reimbursements of the Gift Card are only applicable in accordance with the return and withdrawal rights and conditions.
3.3 The Gift Card will only be issued in EUR.
3.4 The Gift Card will be sent by regular mail only (German Post).
3.5 The supplier is not responsible for the fraudulent use of or any lost, stolen or destroyed Gift Cards, which goes into effect as soon as the Gift Card has been received.
4. Promotion Code
4.1 Promotion codes have different time periods of validity and are applicable for purchase of any product available on the website, except additional Gift Cards. To determine the validity period, the customer can refer to the document which contains the promotion code.
4.2 Exchanges or reimbursements of promotion codes, which were part of a marketing promotion or which the customer may have received on behalf of the supplier are non-permissible. The disbursement of promotional codes is not permissible outside of the standard return timeframe stated in the supplier´s terms and conditions.
4.3 The supplier cannot be held responsible for any fraudulent or non-authorised uses of promotion codes.
4.4 Return policy for orders purchased using a promotion code:
If the customer makes use of legal right of return the customer will be reimbursed for the total amount of the returned items. If the customer is returning only one of the items from its order, the value of the promotion code will be adjusted accordingly, and only the amount relevant to the returned item will be refunded. The promotion code loses its validity proportionate to the worth of the returned item. If the customer is returning the complete order, the amount paid will be refunded in full, but the promotion code can no longer be applied to future purchases. Promotion codes from sales campaigns cannot be replaced or refunded.
§ 5 Shipping, dispatch and shipping charges
1. Shipping is handled by DHL worldwide.
2. Delivery times
2.1 Standard shipping time within Germany is 2-4 business days. The delivery time of some collections (e.g. Perla collection) or for customized pieces might be longer and will be communicated with the customer in particular cases. There is no dispatch at Sundays and public holidays.
2.2 Standard delivery time to EU-countries, Switzerland and the rest of the world is 5-10 working days. The delivery time of some collections (e.g. Perla collection) or for customized pieces might be longer and will be communicated with the customer in particular cases. There is no dispatch at Sundays and public holidays.
3. Shipping charges
3.1 A fixed charge of 5,95 EUR is levied for shipments within Germany. A fixed charge of 10,95 EUR is levied for shipments to other EU countries. A fixed charge of 15,95 EUR is levied for shipments to the rest of the world.
3.2 Orders worth more than 150,00 EUR within Germany are delivered free of charge.
3.3 The shipment of goods worldwide is insured up to 500,00 EUR. Shipment of the parcels is done by DHL and can be tracked by the customer.
§ 6 Lost items
Parcels that are tracked as being delivered but not received by the customer are considered to be delivered. This may happen if someone else but the customer signs for the receipt of the parcel (e.g. neighbors, working colleagues). The supplier does not refund or replace items that are tracked as being delivered.
§ 7 Payment; default in payment; setoff; right of retention
1. Accepted methods of payment
The supplier accepts the following payment methods:
Pre payment (bank transfer)
All payments as well as credits accepted in EUR only.
2. Payment using a Gift Card
When making a purchase using a Gift Card, the Gift Card code needs to be entered in the designated field at checkout. The customer needs to click “add code” in the last step of the checkout. If the order amount exceeds the Gift Card balance, the customer needs to select the payment method with which he wishes to cover the remaining amount. If the Gift Card balance exceeds the order amount, the customer may use the same code for its next purchase. The amount remaining will be available until the credit balance has been used up completely. The disbursement of the remaining Gift Card balance is not possible.
3. Payment using a promotion code
When making a purchase using a promotion code, the promotion code needs to be entered in the designated field at checkout. The customer needs to click “add code” in the last step of the checkout. If the order amount exceeds the promotion code balance, the customer needs to select the payment method with which he wishes to cover the amount remaining.
The customer is barred from a set-off if the counter claim has no legal backing, was not unanimously decided upon, and is not undisputed or if a separate claim for damages is covered in the same sales contract.
5. Right of retention for commercial transactions
In mercantile trade, the right to the retention of goods and a service disclaimer by the customer cannot be enforced, with the exception of undisputed, legally determined counter claims or claims for damages covered in the same sales contract.
§ 8 Retention of title
The goods delivered remain property of the supplier until full payment has been made.
§ 9 Defect claims asserted by the customer
1. Except as provided for in these General Terms and Conditions of Business, claims by the customer in the event of defects are governed by statutory provisions.
2. The limitation period for defect claims by customers in the case of entrepreneurs for newly manufactured and used items is one year. For consumers, the limitation period for defect claims by customers is two years for newly manufactured items and one year in the case of used items.
3. The shortening of the limitation periods as set out in paragraph 2 of this section does not apply to claims for compensation or reimbursement of futile expenses that the customer is entitled to assert under statutory provisions based on defects of the items purchased – subject to the limits and restrictions on liability described in paragraph 8 of these General Terms and Conditions of Business. Furthermore, the shortening of the limitation periods does not apply to the right of recourse described in section 478 of the German Civil Code and to the extent that the supplier has wilfully concealed a defect in the items purchased or has furnished a warranty for their characteristics.
§ 10 Particular observations in the case of gold-plated jewellery
Gold-coloured items of jewellery possess a high-value gold coating. Regardless of the thick gold coating of Sara Lashay jewellery, unusual in the costume jewellery sector, the gold coating may fade over time. This does not constitute a defect but, rather, is a typical characteristic of gold-plated jewellery. The fading process may be accelerated by taking frequent showers and/or baths while wearing the item of jewellery and/or through the formation of sweat on the skin.
§ 11 Liability
1. The supplier bears unlimited liability in the event of fraud, intent and gross negligence, death or injury to the body or health and under any warranties furnished by it. Otherwise, the supplier’s liability under mandatory, statutory provisions such as the Product Liability Act remains unchanged.
2. Regardless of the provisions in paragraph 1 of this section, the supplier’s liability in the event of the violation of material contractual duties involving slight negligence in relation to damage to goods is limited to the foreseeable, typical average amounts of damage. Material contractual duties are duties whose fulfilment is a prerequisite for the implementation of the contract and compliance with which the customer is entitled to expect.
3. Regardless of the provisions in paragraph 1 and 2 of this section, the supplier’s liability in instances of slight negligence is excluded if non-material contractual duties have been violated.
4. The limitations and restrictions on liability described in this section also apply to the supplier’s subcontractors and vicarious agents and to its organic representatives.
§ 12 Set-off by the customer
The customer may only exercise the right of set-off if his counterclaims are undisputed or have been legally established. This does not apply if the customer’s counterclaims are based on defects in the items purchased.
§ 13 Customer’s right of retention
The customer is only entitled to exercise the right of retention if his counterclaim is based on the same contractual relationship.
§ 14 Applicable laws
1. The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Sales Convention.
2. The place of jurisdiction is 64285 Darmstadt.