Terms and Conditions
GENERAL TERMS AND CONDITIONS OF
§ 1 Scope and Provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products and services by edelgoods - Zeno Nolte (hereinafter referred to as the provider) to you, in the version valid at the time of the order.
(2) Deviating GTC of the customer are rejected.
(3) Please read these conditions carefully before placing an order with edelgoods - Zeno Nolte. By placing an order with edelgoods - Zeno Nolte, you agree to the application of these GTC to your order.
(4) On edelgoods, we offer you the sale of the following products: personalized goods, stainless steel products.
(5) On edelgoods, we offer you the following services: Personalization.
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are exclusively directed at end customers with a billing and delivery address in: Germany.
(3) The customer must be at least 18 years old.
(4) The presentation of goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is merely invited to make an offer.
(5) Your order constitutes an offer to edelgoods to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the required information and clicks the "Complete order" button in the last ordering step.
(6) The purchase contract between the provider and the customer is only concluded by an acceptance declaration from the provider. This occurs at the earlier of the two dates, either sending the goods or sending a shipping confirmation via email. Please note that the confirmation of receipt of your order does not constitute an acceptance declaration in the aforementioned sense.
(7) The validity of contracts for quantities larger than standard household quantities and the commercial resale of the purchased item require explicit confirmation from the provider. This applies both to the number of products ordered within a single order and to placing multiple orders for the same product, where the individual orders comprise a standard household quantity.
(8) Your orders will be stored by us after the conclusion of the contract. Should you lose your order documents, please contact us by email. We will send you a copy of the order data.
(9) Access to the edelgoods service requires registration.
(10) By registering, the customer accepts these GTC. Registration establishes a contractual relationship between edelgoods and the registered customer, which is governed by the provisions of these GTC.
(11) The presentation of the service on the website does not constitute a legally effective offer. By presenting the service, the customer is merely invited to make an offer.
(12) By ordering a paid service, the registered customer enters into a further contractual relationship with edelgoods, separate from the registration. Before concluding this contractual relationship, the user will be informed about the respective paid service and the payment terms. The contractual relationship arises when the customer confirms the order and payment obligation by clicking the "Complete order" button.
(13) You agree to receive invoices electronically. Electronic invoices will be provided to you by email or in your customer account on the website. For each delivery and service, we will inform you whether an electronic invoice is available. Further information about electronic invoices can be found on our website.
§ 3 Description of services
The scope of services of edelgoods consists of the following services: sale of personalized textiles, marketing, design consulting.
§ 4 Prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and include a flat-rate shipping fee and a shipping surcharge. The shipping surcharges vary depending on the delivery method and the nature of the item.
(2) Despite our best efforts, a small number of products in our catalog may be mispriced. We verify prices when we process your order and before we charge payment. If a product is mispriced and the correct price is higher than the price on the website, we will contact you before shipping the goods to ask if you wish to buy the product at the correct price or cancel the order. If the correct price of a product is lower than the price we stated, we will charge the lower amount and send you the product.
(3) The prices at the time of the order apply. If list prices exist, the prices of the list price valid at the time of the order apply.
(4) Registration is required to use edelgoods.
(5) If the user wishes to use a paid service, they will be informed of the costs in advance. In particular, the respective additional scope of services, the costs incurred, and the payment method will be listed.
(6) The provider reserves the right to charge different fee models for different booking periods and user groups, and in particular for different usage periods, as well as to offer different scopes of services.
§ 5 Delivery and Cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website, you will find information on the availability of products sold by edelgoods (e.g., on the respective product detail page). Please note that all information regarding the availability, shipping, or delivery of a product is only approximate and estimated. They do not constitute binding or guaranteed shipping or delivery dates, unless expressly designated as a binding date in the shipping options for the respective product.
(2) If edelgoods determines during the processing of your order that products you ordered are not available, you will be informed separately by email or by message in your customer account. The customer's legal claims remain unaffected.
(3) If delivery to the customer is not possible because the customer is not found at the delivery address provided, even though the delivery time was announced to the customer with reasonable notice, the customer bears the costs for the unsuccessful delivery.
(4) Delivery takes place depending on the customer's payment method. For payment by Paypal, credit card, gift card, delivery takes place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract between us for the products listed in the respective shipping confirmation is concluded for each shipping confirmation. The contracting party is edelgoods- Zeno Nolte. Notwithstanding your right of withdrawal, you can cancel your order for a product (excluding personalized goods) at any time free of charge before the associated shipping confirmation is sent.
§ 6 Payment Terms
(1) Any fee incurred is to be paid in advance, at the time of maturity, without deduction to edelgoods.
(2) The customer can pay for the goods or services using the following payment methods:
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Paypal
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Credit and debit card payments with Wix
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Klarna Online Bank Transfer
(3) Certain payment methods may be excluded by the provider in individual cases.
(4) The customer is not permitted to pay for the goods or services by sending cash or checks.
(5) Should the customer choose an online payment method, the customer thereby authorizes the provider to collect the amounts due at the time of the order.
(6) Should the provider offer payment in advance and the customer choose this payment method, the customer must transfer the invoice amount to the provider's account within five calendar days of receiving the order. The provider will reserve the goods accordingly for five calendar days.
(7) Should the provider offer payment by credit card and the customer choose this payment method, the customer expressly authorizes the provider to collect the amounts due.
(8) Should the provider offer payment by direct debit and the customer choose this payment method, the customer grants the provider a SEPA basic direct debit mandate. If a payment transaction by direct debit is reversed due to insufficient funds or incorrect bank details, the customer shall bear the costs for this.
(9) Should the provider offer payment in advance and the customer choose this payment method, the customer undertakes to settle the invoice amount within 14 days of dispatch of the goods, without any discount.
(10) Should the customer default on payment, the provider reserves the right to claim compensation for damages caused by the delay.
§ 7 Registration and Termination
(1) Furthermore, the customer declares that he and, to his knowledge, no member of his household has been convicted of an intentional crime endangering the safety of third parties, in particular not for an offense against sexual self-determination (§§ 174 et seq. of the German Criminal Code, an offense against life (§§ 211 et seq. of the German Criminal Code), an offense against physical integrity (§§ 223 et seq. of the German Criminal Code), an offense against personal freedom (§§ 232 et seq. of the German Criminal Code), or for theft and embezzlement (§§ 242 et seq. of the German Criminal Code) or robbery and extortion (§§ 249 et seq. of the German Criminal Code) or for drug abuse.
(2) A user is, subject to reservation, entitled at any time to unsubscribe in writing by post, email or telephone without stating a reason. At the same time, it is possible to deactivate the user account completely and independently within the data and settings. The previously concluded contractual relationship is thereby terminated.
(3) If a user has registered for a paid service, they can cancel at the latest ________ days before the booking period. If this deadline is not met, the paid service will be extended by this period, depending on the chosen booking period, and the cancellation will only become effective at the end of the subsequent booking period. Cancellation is possible by telephone, email or letter and will be confirmed by us in writing. To ensure your cancellation can be assigned, your full name, the stored email address and your address should be provided. In the case of cancellation by telephone, the individual telephone password will be required.
(4) edelgoods may terminate the contract at its sole discretion, with or without prior notice and without stating reasons, at any time. edelgoods also reserves the right to remove profiles and/or any content published on the website by or from the user. If edelgoods terminates the user's registration and/or removes the user's profiles or published content, edelgoods has no obligation to inform the user about this or the reason for the termination or removal.
(5) Following any termination of any individual use of edelgoods' services, edelgoods reserves the right to send information about this to other registered users with whom edelgoods believes they were in contact with the user. Edelgoods' decision to terminate the user's registration and/or notify other users with whom edelgoods believes the user was in contact does not imply or state in any way that edelgoods makes statements about the individual character, general reputation, personal characteristics, or lifestyle.
(6) Users are obliged not to make any intentional or fraudulent false statements in their profile and other areas of the portal. Such statements may lead to civil legal action. The operator also reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(7) If a user's access is blocked and/or the contractual relationship is terminated due to culpable breach of contract, the user must pay compensation for the remaining contract term in the amount of the agreed fee minus saved expenses. The amount of saved expenses is set at a lump sum of 10% of the fee. Both contracting parties remain free to prove that the damage and/or the saved expenses are actually higher or lower.
(8) After termination of the contractual relationship, all user data will be deleted by edelgoods.
§ 8 Limitation of Liability (Services)
(1) edelgoods assumes no responsibility for the content and accuracy of the information in the registration and profile data of the customers, as well as other content generated by the customers.
(2) With regard to the service sought or offered, the contract is concluded exclusively between the respective participating customers. Therefore, edelgoods is not liable for the services of the participating customers. Accordingly, all matters regarding the relationship between the customers, including, and without exception, the services received by a seeker or payments due to customers, are to be addressed directly to the respective party. Edelgoods cannot be held responsible for this and hereby expressly disclaims all possible liability claims of any kind, including claims, services, direct or indirect damages of any kind, conscious or unconscious, presumed or unexpected, disclosed or not, of whatever kind in connection with the aforementioned matters.
(3) For damages resulting from injury to life, body or health, edelgoods- Zeno Nolte is only liable if they are based on an intentional or negligent breach of duty by edelgoods- Zeno Nolte or an intentional or negligent breach of duty by a legal representative or vicarious agent of edelgoods- Zeno Nolte.
(4) For other damages, insofar as they are not based on the violation of cardinal obligations (such obligations whose fulfillment enables the proper execution of the contract in the first place and on whose observance the contracting party can regularly rely), edelgoods - Zeno Nolte is only liable if they are based on an intentional or grossly negligent breach of duty by edelgoods - Zeno Nolte or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of edelgoods - Zeno Nolte.
(5) Claims for damages are limited to the foreseeable, typical damage of the contract. In the event of default, they amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, body, health or freedom expire after 30 years; otherwise after 1 year, with the limitation period beginning at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware without gross negligence (§ 199 para. 1 BGB).
(7) The provider reserves the right to check the content of any text written by a user and uploaded files for compliance with law and right and, if necessary, to delete them in whole or in part.
§ 9 Set-off and Right of Retention
(1) The customer is only entitled to set off if the customer's counterclaim has been legally established or has not been disputed by the provider.
(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 10 Retention of Title
edelgoods - Zeno Nolte reserves ownership of the goods until full payment has been received.
§ 11 Transport Damage
(1) If the customer receives the goods with obvious transport damage, the provider asks him to report this as soon as possible.
(2) If the customer fails to file a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.
§ 12 Warranty Rights
(1) If the customer is a consumer, the warranty and liability for defects of the delivered purchase item are governed by the statutory provisions: Accordingly, customers in the European Union, in addition to their 14-day return guarantee (excluding personalized goods), have warranty rights for a period of two years from the delivery of the goods (excluding personalized goods) and can demand the repair or replacement of products purchased on edelgoods if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can demand a refund or a reduction in the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect will be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period is one year. This applies unless claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.
§ 13 Limitation of Liability (Products)
(1) The provider is liable for claims for damages by the customer resulting from injury to life, body, health, or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or that of their legal representatives or vicarious agents.
(2) Essential contractual obligations are those obligations whose fulfillment is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations that are based on typical, foreseeable damages, provided the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, body, or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of edelgoods is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 14 Right of Withdrawal
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason (excluding personalized goods).
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods (or the last goods, partial shipment, or piece in the case of a contract for several goods of a single order or the delivery of goods in several partial shipments or pieces), without stating reasons.
The withdrawal period for services is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must send us an email to info@edelgoods.com so that the return can be registered.
A clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract must be added. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g., by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired and that you have returned the goods within the defined period.
(3) Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in no case will you be charged any fees for such reimbursement.
If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you inform us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back or hand over the goods to the address provided by us in the email without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us.
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.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties, and functionality.
The right of withdrawal does not apply to or expires for the following contracts:
for the delivery of goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or that have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery;
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs;
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
for services if edelgoods has fully performed them and you acknowledged and expressly agreed before placing the order that we could begin performing the service and that you would lose your right of withdrawal upon full performance of the contract;
for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts; and
for the delivery of alcoholic beverages whose price was agreed upon at the time of concluding the purchase contract, but whose delivery can only take place after 30 days and whose current value depends on fluctuations in the market over which the entrepreneur has no influence.
§ 15 Exclusion of the right of withdrawal
(1) The right of withdrawal does not apply to contracts
for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded;
(2) The right of withdrawal expires prematurely for contracts
for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery;
for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package, if the seal was removed after delivery.
§ 16 Data Protection
(1) Should personal data (e.g., name, address, email address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties, unless you have previously consented.
(2) We point out that the transmission of data on the Internet (e.g., by e-mail) can have security gaps. Therefore, error-free and uninterrupted protection of third-party data cannot be completely guaranteed. In this regard, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities unless the provider has given the affected persons prior written consent.
(4) You have the right at any time to receive full and free information from edelgoods about the data concerning you.
(5) Furthermore, the user has a right to correction/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate privacy policy.
§ 17 Cookies
(1) We may use cookies to display the product offering. Cookies are small text files that are stored locally in the cache of the Internet browser of the page visitor.
(2) Numerous internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which internet pages and servers can be assigned to the specific internet browser in which the cookie was stored. This enables the visited internet pages and servers to distinguish the individual browser of the data subject from other internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, users of this website can be provided with more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, most of which are so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive after the browser session ends. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called persistent cookies).
(5) You can object to the storage of cookies; a banner is available for you to object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or so that already stored cookies are deleted again. You can find instructions on how to prevent and delete cookies in the help function of your browser or software manufacturer.
§ 18 Place of jurisdiction and applicable law
(1) For differences of opinion and disputes arising from this contract, the law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
§ 19 Final provisions
(1) The contract language is German.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use edelgoods with the involvement of a parent or guardian.
(3) If you violate these GTC and we do not take action against it, we are still entitled to exercise our rights on any other occasion when you violate these terms of sale.
(4) We reserve the right to make changes to our website, policies, and terms, including these GTC, at any time. Your order will be subject to the terms of sale, contractual terms, and GTC in force at the time you place your order, unless a change to these terms is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision in these terms of sale is invalid, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions of the contract. Should this occur, the provision shall be replaced in spirit and purpose by another legally permissible provision that corresponds to the spirit and purpose of the invalid provision.