GENERAL TERMS AND CONDITIONS

General Terms and Conditions for the Online Shop

Last amended: June 2019

 

I. GENERAL - SCOPE OF APPLICATION

These General Terms and Conditions apply to all contracts concluded between you and us, MeisterSinger GmbH & Co. KG, Hafenweg 46, 48155 Münster, via our online shop.

II. OFFER - OFFER DOCUMENTS

2.1 Our product descriptions and price quotations (including your virtual shopping cart and order form) are non-binding. They represent an invitation to you to make a binding offer to conclude a contract.

2.2 In the online-shop you can put our products into the shopping cart without obligation and correct your entries at any time before sending the binding order. In the shopping cart itself, you can change the quantity of a product or remove a product from the shopping cart at any time. Afterwards you must fill in the data relevant for the execution of the order (first and last name, invoice address and delivery address, choice of shipping method (delivery or collection from the supervising jeweller named in section 2), payment method and payment data). During the order procedure, we make technical functions available to you in the form of a customary check of completeness and plausibility (checking whether all required fields are filled out and whether the entered symbols match the relevant required fields) so that you can recognise and correct typing errors. After that, the data of your order will be summarised again for verification. By clicking the button "Buy now" you place a binding order for the products in your shopping cart.

2.3 After your offer has been received, you will receive by email an automatic order confirmation ("Order Confirmation") that lists the offer data again. The Order Confirmation does not constitute a legally binding declaration of acceptance by which we accept your offer, but merely documents the receipt of your offer, unless an acceptance is expressly stated. Otherwise, a contract is concluded at the time when the ordered products are shipped, and you receive another separate e-mail with the shipping information ("Shipping Confirmation") from us. The Shipping Confirmation will also contain all details of the contract (including the details of the order and these terms and conditions and the privacy policy).

2.4 If the acceptance of your order is not expressly stated in the Order Confirmation and your products are not shipped within five working days of receipt of the order confirmation, your offer to conclude the contract shall be deemed rejected.

2.5 If you have selected the payment method PayPal or Stripe in accordance with clause 8.2, the contract is concluded at the time of your confirmation of the payment order to PayPal or Stripe.

2.6 The languages available for the conclusion of the contract are German and English.

2.7 You can register when you place your order and create a customer account or place your order as a guest without registering. If you create a customer account when placing your order, we save the contract text; your order can then be viewed in your customer account. In addition, we send you the order data and our terms and conditions by email after an order has been placed. You can also view and download the General Terms and Conditions at any time via the online shop.

III. REGISTRATION, CUSTOMER ACCOUNT AND DATA PROTECTION

3.1 You have the option of creating a customer account for the online shop even without placing an order. For registration, the required fields of the registration form must be filled in completely and correctly. Registration requires our confirmation to be valid. After successful registration, an ID that is not transferable will be created for you. The ID gives you access to your customer account.

3.2 Personal access data are to be protected from being accessed by third parties. Should third parties nevertheless gain knowledge of the access data, you must notify us immediately and change your access data. You are also responsible for ensuring that the data you provide are up to date. We reserve the right to delete IDs that have been inactive for a period of 12 months.

3.3 You will find further information about the handling of your personal data in our data protection notice.

IV. RESERVATION OF RIGHT OF WITHDRAWAL

4.1 When payment is made via PayPal or Stripe, a contract is concluded automatically on our part. In exceptional cases, it can thus happen that you have put together a product for which individual elements of it (e.g. the bracelet) are not or are not immediately available and we are therefore unable to deliver the product or are unable to deliver it immediately. In such cases, we reserve the right to withdraw from the contract in the event that our suppliers do not deliver correctly or on time.

4.2 In the event of a withdrawal pursuant to 4.1, we will inform you without delay that the item is unavailable and refund the purchase price in full without delay.

V. DELIVERY, DELAY/DEFAULT IN DELIVERY

5.1 We deliver only to delivery addresses within the Federal Republic of Germany, Austria and the Netherlands.

5.2 You can choose between the following shipping methods: Collection from the jeweller of your choice. The jeweller will inform you as soon as the merchandise is ready for collection. To ensure that the merchandise is handed over to the authorised person, you must present your identity card.

Standard direct shipping to you free of charge.

5.3 Default will not occur if delays in delivery are due to circumstances for which we are not responsible, particularly if we do not receive supplies ourselves, or if such delays are due to force majeure. In this case, the agreed delivery period will be extended by the duration of the circumstances for which we are not responsible.

5.4 We are entitled to make partial deliveries provided this is reasonable in consideration of your interests.

VI. RESERVATION OF TITLE

We retain title to the delivered goods until the purchase price has been paid in full.

VII. PRICES AND SHIPMENT COSTS

7.1 Our prices are quoted including the applicable statutory value added tax.

7.2 We bear the respective shipping costs unless expressly agreed otherwise. The total price is also displayed in the order form before you place the binding order.

VIII. PAYMENT AND PAYMENT METHODS

8.1 You must pay in advance unless expressly agreed otherwise.

8.2 The following payment methods are available to you in our online shop: Direct debit: When you use the direct debit method, you give Stripe a SEPA direct debit mandate and authorise Stripe to collect payments from your bank account by direct debit. At the same time, you instruct your bank to honour the direct debits drawn by Stripe. You may claim a refund of the debited amount within eight weeks beginning with the date on which your account was debited. Your payment data will not be passed on to us. Payment via a PayPal account: You must be registered with PayPal or register first, identify yourself with your access data and confirm the payment order to us. You will receive further information during the ordering process. Immediate bank transfer (Sofortüberweisung): This means payment with TÜV certificate and verified transaction security. Instant bank transfer (Sofortüberweisung) was developed by Payment Network AG and has already been used in numerous online shops in Germany and Austria. You pay "instantly" with your online banking data. The processing takes place via our payment service provider Stripe. Giropay: You can pay with giropay just as securely as you already do today with your banking transactions via online banking at your bank or savings bank. The recognised high security standards and data protection regulations for online banking apply to giropay. The processing takes place via our payment service provider Stripe. Credit card: We accept the following credit cards: Visa, Mastercard, American Express. The processing takes place via our payment service provider Stripe. Your payment data will not be passed on to us.

8.3 Customers from the Netherlands may pay via Klarna and iDEAL in addition to the payment methods mentioned in clause 8.2.

Payment by invoice via Klarna: In cooperation with the payment service provider Klarna AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you invoice purchase as a further payment option. Please note that an invoice purchase via Klarna is only available for consumers from the Netherlands and that payment must be made to Klarna in each case. Klarna may refuse to accept payment claims from us and to process payment claims of the respective customer within a period of 24 hours. In this case we and the customer are entitled to withdraw from the contract. When buying on account with Klarna, you always get the goods first and you always have a payment period of 14 days.

Payment via iDEAL: iDEAL is an online payment system from the Netherlands and is not available for customers without a bank account at one of the iDEAL participating banks (currently: ABN AMRO, ASN Bank, Friesland Bank, ING Bank, Knab, Rabobank, RegioBank, SNS Bank, Triodos Bank and Van Lanschot).

IX. RIGHT OF SET-OFF AND RETENTION

9.1 You are not entitled to set off claims against our claims unless your counterclaims have been established as final and absolute or are undisputed. You are also entitled to set off claims against our claims if your claims are based on defects or you have counterclaims arising from the same purchase contract.

9.2 You may exercise a right of retention only if your counterclaim arises from the same purchase contract.

X. RIGHT OF WITHDRAWAL

10.1 If you are a consumer as defined in section 13 German Civil Code (BGB), you have a right of withdrawal for a period of two weeks, subject to section 2 of these General Terms and Conditions.

Information on the right of withdrawal

Right of withdrawal:

You have the right to withdraw from this contract within 14 days without stating any reasons. The deadline for withdrawal is 14 days as from the date on which you or a third party named by you who is not the carrier took possession of the products. If you have ordered several products that are delivered separately as part of a single order, the period for withdrawal will commence on the day on which you or a third party named by you who is not the carrier took possession of the last product. In order to exercise your right of withdrawal, you must inform us (MeisterSinger GmbH & Co. KG, Hafenweg 46, 48155 Münster, telephone 0251/1334860, fax 0251/13348610, email address shop@meistersinger.de) by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the standard withdrawal form attached to these General Terms and Conditions, but this is not obligatory. The deadline for revocation is met if you send your statement informing us that you are exercising your right of withdrawal before the deadline.

Consequences of withdrawal:

If you withdraw from this contract, we will refund you all payments received from you, including the delivery costs (with the exception of the supplementary costs resulting from your choice of a method of delivery other than the least expensive method of standard delivery offered by us), without delay and not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. Unless otherwise expressly agreed, we will make such refunds using the same method of payment that you used for the original transaction; under no circumstances will you be charged a fee for this refund. We may withhold the refund until we have received the returned products or you have supplied evidence of having sent back the products, whichever occurs earlier.

You must send back the products or hand them over to us without 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 14-day period has come to an end. You will bear the direct costs for returning the products unless you use the return delivery voucher sent to you after your withdrawal. Then we bear the risk of the return of the products in the event of withdrawal. You are liable for any diminished value of the products only of this diminished value results from any unnecessary handling of the products to establish the quality, properties and functioning of the products.

10.2 The right of withdrawal is excluded if the products in question are products that are not prefabricated and for the manufacture of which an individual selection or specification by you is decisive or that are clearly tailored to your personal needs (for example, if you have commissioned engravings).

XI. LIABILITY FOR DEFECTS

11.1 You are entitled to the statutory claims in the event of defects.

11.2 In all cases of defects, please contact our customer service at shop@meistersinger.de. This does not, of course, affect your claims.

XII. WARRANTY

12.1 Section 13 of these General Terms and Conditions applies to the assertion of claims for damages.

12.2 Your warranty claims, with the exception of claims for damages under section 13, will become time-barred 24 months after the transfer of risk.

XIII. LIABILITY

For each case of slight negligence, we will be liable only in the event of breach of contractual obligations the fulfilment of which characterises the contract and on which you as the contracting partner may rely, and the liability is limited to the foreseeable loss typical for this type of contract. This does not apply in the event of culpable injury to life, limb or health; in the event of promises of warranty, if agreed; within the framework of liability under the Product Liability Act (Produkthaftungsgesetz).

XIV. NOTICES REGARDING THE GERMAN BATTERY ACT (Batteriegesetz)

14.1 Batteries and rechargeable batteries must not be disposed of with household waste; you are required by law to return used batteries and rechargeable batteries. Used batteries can contain harmful substances which, if not stored or disposed of properly, can harm the environment or your health. However, batteries also contain important raw materials such as iron, zinc, manganese or nickel that can be recycled. After use, you can either return the batteries to us or return them free of charge in the immediate vicinity (e.g. in shops or municipal collection points or to the jeweller supporting you). The return at points of sale is limited to the quantities customary for end users and to those spent batteries that the distributor carries or has carried as new batteries in its range of products.

14.2 The sign with the crossed-out dustbin means that you must not dispose of batteries and rechargeable batteries in household waste. Under this symbol, you will also find the following symbols with the following meanings:

Pb: Battery contains lead

Cd: Battery contains cadmium

Hg: Battery contains mercury

14.3 Our WEEE registration number is: DE 63359695

XV. NOTICES REGARDING DATA PROCESSING

15.1 We collect and process personal data from you in the course of processing contracts and when you use our online services. In doing so, we comply with the applicable data protection regulations, particularly those of the European General Data Protection Regulation. Without your consent, we will collect, process or use your basic and use-related data only to the extent necessary for the performance of the contractual relationship or permitted by another leThis expressly includes passing the data on to the jeweller selected by you (see 5.2).

15.2 We use your data only within the limits of the legal regulations for advertising, market or opinion research Further information on how we store and process your personal data and your rights can be found in our Privacy Policy.

XVI. COPYRIGHTS

We hold copyrights to all pictures, films and texts published by us. No use of the pictures, films and texts is permitted without our express consent.

XVII. FINAL PROVISIONS

17. 1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Excluded from this is mandatory consumer protection law applicable at the consumer's place of residence.

17. 2 Any invalidity of individual provisions of these General Terms and Conditions will not affect the validity of the other provisions.

Alternative dispute resolution pursuant to Article 14 (1) Regulation (EU) No 524/2013 and section 36 German Act on Alternative Dispute Resolution in Consumer Matters (VSBG):

The European Commission provides a platform for the purpose of resolving online disputes that you can access under https://ec.europa.eu/consumers/odr. We are not required or willing to participate in a dispute resolution procedure before a consumer arbitration board.