General Terms and Conditions
General Terms and Conditions including Customer Information
- Scope of application
- Offers and description of services
- Ordering process and conclusion of contract
- Prices and shipping costs
- Delivery, product availability
- Terms of payment
- Reservation of title
- Warranty for material deficiencies and guarantee
- Care instructions and correct use
- Storing the contract text
- Court of jurisdiction, applicable law, contract language
1. Scope of application
1.1. The following General Terms and Conditions, in the version valid at the time of placing an order, exclusively apply to the business relations between stellifi3d, Bettina Kolberg, Wellingsbütteler Landstraße 245, 22337 Hamburg, Germany (referred to hereafter as “seller”) and the customer (hereafter “customer”).
1.2. We are available for questions, claims, and complaints weekdays from 10am to 6pm under the phone number +49 (0)40 41 35 09 31 as well by email at info[at]stellifi3d.de. 1.3. Consumer in the sense of these terms and conditions refers to every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (§13 BGB). 1.4. Diverging customer conditions are not recognized, unless the seller explicitly agrees to them.
2. Offers and description of services
2.1. The depiction of the products in the online shop does not pose a legally binding offer but instead an invitation to place an order. The description of services in the catalogues as well as on the seller’s website do not have the character of ensuring a guarantee. 2.2. All offers are valid for as long as stocks last, unless other information is indicated for products (the products are mainly unique pieces). Furthermore, errors remain reserved.
3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller’s product range without committing to buying them and use the button “add to cart” to collect them in a so-called cart. Within the shopping cart the selection of products can be amended, for example by deleting them. In a next step the customer can click on the button “proceed to check-out” in order to pay.
3.2. By using the button “place order” the customer commits himself to purchasing the products in the cart. Before sending off the order, the customer can change his data at any time and using the browser function “back” can return to the cart or cancel the order process. Information required for the order process is indicated with an asterisk (*).
3.3. The seller will automatically send a confirmation email which lists the customer’s order and which the customer can print by clicking on the “print” button (order confirmation). The automatic order confirmation merely documents that the order has been received by the seller, it does not indicate an acceptance of the offer. The sales contract is concluded, if the seller sends or delivers the ordered product to the customer within three business days, or if the seller sends a second email, an express order confirmation or an invoice within three business days. Depending on availability, a delivery can take up to four weeks. In such a case the customer will be informed about the delivery time in the order confirmation.
3.4. In case the seller should request an advance payment, the contract will come into effect once the bank details and payment request are provided. If the payment is not received despite being due and after a repeated prompting ten calendar days after the order confirmation was sent, the seller will resign from the contract with the consequence that the order will become void and the seller has no obligation to deliver. The order is then taken care of without any further consequences for either party. A reservation of an article with advance payment can therefore only last for a maximum of ten days.
4. Prices and shipping costs
4.1. All prices indicated on the seller’s website include the valid legal sales tax. 4.2. In addition to the prices indicated, the seller will calculate shipping costs for the delivery. The customer will be informed about shipping costs which are clearly listed on a separate information page during the ordering process.
5. Delivery, product availability
5.1. If an advance payment has been agreed upon, the delivery will take place once the payment has been received.
5.2. If three delivery attempts fail and it is the customer’s fault, the seller can withdraw from the contract. Any payments already made by the customer will be reimbursed immediately once the seller has acknowledged them (for example during or after company holidays).
5.3. If the product or product parts which were ordered are not available because the seller did not receive these products or product parts from his supplier, through no fault of his own, the seller can withdraw from the contract. In such a case the seller will immediately inform the customer upon acknowledging the situation (for example during or after company holidays) and if applicable recommend the delivery of a similar product. If now similar product is available or the customer does not wish the delivery of a similar product, the seller will immediately reimburse any payments the customer may already have made once the situation has been acknowledged (for example during or after company holidays).
5.4. Customers are informed about delivery times and delivery limitations (for example limits on which countries deliveries can be made to, company holidays, etc.) on a separate page or within the respective product description.
6. Terms of payment
6.1. During the ordering process the customer can choose from one of the available payment methods before completing the order. Customers are informed about the payment methods on a separate information page.
6.2. If payment by invoice is possible, the payment must be made within ten days of receiving the product. In the case of all other types of payment the payment needs to be made in advance and without deduction.
6.3. If a third party such as PayPal is ordered to conduct the payment, their terms and conditions apply.
6.4. If the payment is due according to the calendar, the customer will come into default once the deadline passes. In such a case the customer must pay statutory default interest. 6.5. The customer’s obligation to pay default interest does not preclude the assertion of further delay damages by the seller. 6.6. The customer is only entitled to offsetting if his counterclaims are legally established or accepted by the seller. The customer can only exercise a right of retention if the demands result from the same contractual relationship.
7. Reservation of title Products shall remain the property of the seller until payment has been completed.
8. Warranty for material deficiencies and guarantee
8.1. The warranty shall be defined according to the legal provisions.
8.2. A guarantee for the products delivered by the seller only exists if it was expressly provided.
9. Care instructions and correct use
All stellifi3d products (except for a few necklaces, as well as rings and earrings) were lovingly and carefully designed, handcrafted, finished, and inspected by Bettina Kolberg in her studio in Hamburg. Due to the individual production process (handcrafted), occasional, minor differences or irregularities can appear within the same product category; however, this is what makes stellifi3d products unique. All jewelry elements are made of high-quality material and were carefully selected by us. The longevity of stellifi3d jewelry mainly depends on how the individual pieces of jewelry are used, cared for, and stored. Make sure to follow our instructions on how to care for and use your stellifi3d jewelry so that you can enjoy it for as long as possible:
9.1. Metal reacts to chemical substances and to contact with air and skin. We therefore recommend that you do not allow your stellifi3d jewelry to come in touch with perfume, make-up or cleaning agents. Silver jewelry or plated silver and fashion jewelry should also not be worn while doing sports or bathing, since the surfaces react exceptionally to sweat.
9.2. Over the course of time and when worn frequently, as is the case with every item of daily use, signs of wear will appear. These can be caused by a mechanical abrasion of the silver surface, the plated silver as well as other materials used such as fabric surfaces. Sharp objects or barbs can leave snares or roughened patches on the silk surface, the fabric material.
9.3. Dyed fabric elements are fixated, but under certain circumstances they can stain when moistened.
9.4. Your stellifi3d jewelry can include fragile elements. Do not drop it or let it hit hard objects.
9.5. In order to avoid corrosion when storing the piece of jewelry, it is important to keep it in a dark and dry place (not in the bathroom). Ideally you should keep your piece of jewelry in a sealable plastic bag (ziplock bags). 9.6. When cleaning our jewelry, we recommend using a silver polishing cloth. The fabric elements can be carefully cleaned with a silk detergent. All vintage kimono fastenings were carefully cleaned before being employed. Owing to their age, the kimono fastenings can develop a smell typical for vintage material when moist, however this can no longer be detected when dry. Please contact us regarding any questions, defects or possible flaws. We will be happy to help and will make every effort to accommodate your wishes. We strive to have content and happy customers. In the case of normal signs of wear or defects due to incorrect use, we will not assume any liability. If possible, however, we offer a low-cost repair service for our stellifi3ed jewelry at any time.
10. Liability The following disclaimers and limitations of the seller’s liability for compensation apply without prejudice to other legal claims:
10.1. The seller is liable without limitations if the cause of damage was caused by intent or gross negligence.
10.2. The seller is also liable for slightly negligent breaches of essential duties if such a breach could endanger fulfilling the purpose of the contract, or for a breach of duties which need to be fulfilled in order for the contract to be properly implemented in the first place, the fulfilment of which the customer regularly trusts in. In such a case the seller is, however, only liable for foreseeable, contract-typical damages.
10.3. The above-mentioned limitations of liability do not apply in the case of damages to life, body or health, or to defects after assuming guarantee for the nature of the product and malicious non-disclosure of defects. Liability under the Product Liability Act shall remain unaffected. 10.4. Insofar as the liability of the seller is precluded or limited, this also applies to the personal liability of employees, representatives, and other agents.
11. Storing ordering data
11.1. The customer can print the contract text or the ordering data as well as the General Terms and Conditions before sending the order to the seller by using the browser’s print function (contract text or ordering data) in the last step of the order and download a PDF file (Terms and Conditions).
11.2. The seller will also send the customer an order confirmation with all ordering data to the email address provided by the latter. Together with the order confirmation, the customer will receive a copy of the Terms and Condition in addition to the cancellation policy and information on shipping costs and delivery and payment conditions. If you registered in our online shop you can check the orders you have placed in your profile area. What is more, we store the contract text, but do not make it accessible on the internet.
12. Final provisions
12.1. The court of jurisdiction and place of fulfillment are the registered office of the seller (Hamburg).
12.2. The contract language is German.
12.3. European Commission Platform for Online Dispute Resolution for consumers: http://ec.europa.eu/consumers/odr/. We are principally prepared, yet not obliged, to partake in a dispute settlement procedure by a consumer arbitration body.