Terms & Conditions

General terms and conditions and customer information I. General Terms and Conditions of Business § 1 Basic provisions (1) The following terms and conditions apply to contracts which you conclude with us as the provider (ELBVISION GmbH) via the internet site www.necklacy.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own which you may have used is hereby rejected. (2) A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity. § 2 Conclusion of the contract (1) Subject of the contract is the sale of goods. Our offers on the Internet are non-binding and not a binding offer to conclude a contract. (2) You can submit a binding offer to buy (order) via the online shopping cart system. The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the payment and shipping conditions, all order data is finally displayed again on the order overview page. If you use the "amazon-payments" payment system by clicking on the "Pay via amazon" button integrated in the store system, you will be redirected to the login page of amazon.de. After successful login, your shipping addresses and payment methods stored with amazon.de will be displayed. You select the shipping address and payment method and are redirected back to our online store by clicking on the "continue" button. Before submitting your order you have the opportunity to check all the details again, make changes (also using the "back" function of your Internet browser) or cancel the purchase. By submitting the order via the "buy" button, you submit a binding offer to us. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of the contract. If you pay via "amazon payments" you will receive this confirmation e-mail from amazon.de. (3) Acceptance of the offer (and thus conclusion of the contract) shall be effected within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have selected the "amazon-payments" payment system, acceptance of the offer (conclusion of contract) shall be effected within 2 days by confirmation by e-mail from amazon.de, in which you are notified of the delivery of the goods. If you have not received such a message, you are no longer bound to your order. In this case, any services already rendered shall be reimbursed immediately. (4) Your inquiries regarding the preparation of an offer shall not be binding on you. We will submit a binding offer in text form (e.g. by e-mail), which you can accept within 5 days. (5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters. § 3 Special agreements on offered payment methods (1) Payment by invoice via Klarna Germany In cooperation with Klarna, we offer invoice purchase as a payment option. The payment period is 14 days from the date of invoice. The invoice is issued when the goods are shipped and is sent either by e-mail or together with the goods. The payment is made to Klarna. Please note that Klarna invoice is only available for consumers. The complete terms and conditions for purchase on account can be found here. Privacy policy Klarna checks and evaluates your data and, if there is a legitimate interest and reason, exchanges data with other companies and credit agencies. Your personal data will be processed in accordance with the applicable data protection regulations and in accordance with the information in Klarna's data protection regulations. (2) Payment via Klarna Checkout In cooperation with Klarna we offer the following payment options. The payment is always made to Klarna: Klarna invoice: Payable within 14 days from date of invoice. The invoice will be issued when the goods are shipped and sent by e-mail. You can find the invoice conditions here. Klarna Installment Purchase: With Klarna's financing service you can pay your purchase flexibly in monthly installments of at least 1/24 of the total amount (but at least 6.95 EUR). For more information about Klarna Installment Purchase including the General Terms and Conditions and the European Standard Information for Consumer Credit, click here. Instant bank transfer Credit card (Visa/Mastercard) Direct debit The payment options are offered within Klarna Checkout. For more information and terms of use of Klarna Checkout, please click here. General information about Klarna can be found here. Your personal data will be processed by Klarna in accordance with is treated in accordance with the applicable data protection regulations and in accordance with the information provided in Klarna's data protection regulations. (3) SEPA direct debit (basic and/or corporate direct debit) When paying by SEPA basic direct debit or SEPA company direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. The direct debit will be collected within 1 - 3 days after conclusion of the contract. The period for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In case of a return debit note due to your fault, you have to pay the bank charges incurred. § 4 Right of retention, reservation of title (1) You may only exercise a right of retention if it concerns claims from the same contractual relationship. (2) The goods remain our property until the purchase price has been paid in full. § 5 Warranty (1) The statutory rights of liability for defects shall apply. (2) As a consumer, you are requested to check the item immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will not affect your statutory warranty claims. § 6 Choice of law, place of performance, place of jurisdiction (1) German law applies. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability). (2) The place of performance for all services arising from the business relations existing with us as well as the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or usual abode is unknown at the time the action is filed. The right to also call upon the court at another legal place of jurisdiction remains unaffected by this. (3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable. II. customer information 1. identity of the seller ELBVISION GmbH Cold willow 73 25335 Elmshorn Germany Phone: +49 40 696 323 976 e-mail: info@necklacy.com Alternative dispute resolution: The European Commission provides a platform for the extrajudicial online settlement of disputes (OS platform), available at https://ec.europa.eu/odr. 2. information on the conclusion of the contract The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.). 3. contract language, contract text storage 3.1 Contract language is German . 3.2 The complete contract text will not be stored by us. Before sending the order via the online shopping cart system, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail. 3.3 In the case of requests for quotations outside the online shopping cart system, you will receive all contract data in text form, e.g. by e-mail, which you can print out or save electronically. 4. essential characteristics of the goods or services The essential characteristics of the goods and/or services are to be found in the respective offer. 5. prices and terms of payment 5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes. 5.2 The shipping costs are not included in the purchase price. They can be called up via a correspondingly marked button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised. 5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you. 5.4 Any costs incurred by the money transfer (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases where the delivery is made to an EU member state, but the payment was arranged outside the European Union. 5.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer. 5.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately. 6. terms of delivery 6.1 The terms and conditions of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer. 6.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold goods during shipment is only transferred to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment. 7. legal liability for defects Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions of Business (Part I). These General Terms and Conditions and customer information have been prepared by the lawyers of the dealer association specializing in IT law and are permanently checked for legal conformity. The Händlerbund Management AG guarantees the legal security of the texts and is liable in case of warnings. Further information can be found at: https://www.haendlerbund.de/agb-service. last update: 19.11.2018 Right of withdrawal for consumers (A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity). Cancellation policy Right of withdrawal You have the right to cancel this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of revocation, - where you or a third party designated by you, other than the carrier, have taken possession of the goods, provided that you have ordered one or more goods under a single order and that the goods are delivered under a single delivery; In order to exercise your right of revocation, you must inform us (ELBVISION GmbH, Kaltenweide 73, 25335 Elmshorn, phone number: +49 40 696 323 976, e-mail address: returns@necklacy.com) by means of a clear statement (e.g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You may use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period. Consequences of the revocation If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. We may refuse to refund until we have received the goods back 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 within fourteen days at the latest from the day you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period. You shall bear the direct costs of returning the goods. You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality. Reasons for exclusion or extinction The right of withdrawal does not apply to contracts - for the delivery 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; - for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded; - for the supply of alcoholic beverages whose price was agreed upon at the conclusion of the contract but which can be supplied at the earliest 30 days after the conclusion of the contract and whose current value depends on fluctuations in the market over which the trader has no influence; - for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts. 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 has been removed after delivery; - for the delivery of goods if, after delivery, they have been inseparably mixed with other goods due to their nature; - for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery. Sample cancellation form (If you want to cancel the contract, please fill out this form and send it back). - To ELBVISION GmbH, Kaltenweide 73, 25335 Elmshorn, e-mail address: returns@necklacy.com : - 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 in case of communication on paper) - Date (*) Delete as applicable.