Thank you for your purchase from JORDEN JEWELRY
The provisions are written in female gender for convenience only, and apply equally to members of both sexes.
Hereinafter: “The webSite” and / or “the Site” www.JordenJewelry.com (serves as a virtual store for the purchase of products and services by the public).
The owner and operator of the Site is JordenJewelry, No. 203752969, whose registered office is at haheresh 8, herzliya pitch (hereinafter: “JJ”).
An action in the Site is any act performed within the Site, including the purchase of products and/or services offered on the Site (hereinafter: “the Action”).
The provisions laid out in these Terms shall apply to any action performed by the “Client”, as defined below, in the Site.
Products – All products offered for sale on the Site.
Client- any customer/surfer/member of the Site
Date of order – the day on which the transaction was approved by the customer’s credit card company and/or PAY PAL.
Order confirmation – the invoice combined with details of the purchase.
Shipping address – the address specified by the customer on the order form for delivery
Delivery day – the day the goods were delivered to their assigned destination.
Business days: weekdays, Sunday through Thursday, not including Fridays, Saturdays, the eve of holidays and holidays.
These terms apply to the use of the Site and its services by any computer or other communications device (such as mobile phone, tablet and any other electronic device) and also apply to the use through the Internet or through any other network or means of communication.
The Company does not undertake to hold an inventory of all models and/or clothes appearing on the Site.
The images on the Site are for illustration purposes only and the management of the Site and company will do their best to ensure that a products image is an accurate depiction of the product itself.
The company and the management of the Site endeavor to present the most complete and comprehensive information about each product, including images. Nevertheless it must be clarified, that inaccuracies or errors may appear on the Site, in good faith and without malicious intent and/or out of a desire to mislead. The management of the Site and the Site shall bear no responsibility whatsoever due to inaccuracies or errors.
The prices of the products on the Site include VAT according to law.
The Company’s records regarding the actions taken on the Site will constitute prima facie evidence to the correctness of the actions.
You may withdraw your consent at any time and notify the Site administration of your refusal to receive advertising, consistently or of a particular type, by submitting a removal notice. Instructions how to go about this will be listed at the bottom of every advertisement that will be sent to you.
The Site is intended for users 18 years and above, and by your approval of these terms you declare that you are at least 18 years of age.
The JORDEN JEWELRY website offers a variety of content and/or services and/or actions, including the following:
Browsing various content. Purchase of products and/or services.
Sharing and sending products from the Site by the user to friends and acquaintances via email and/or social networks.
It is hereby clarified that JORDEN JEWELRY may choose, at its sole and absolute discretion, whether to publish or prevent the publication of a feedback, tagging of a product or one chosen by the customer via social networks.
It is hereby clarified that JORDEN JEWELRY may choose to delete and/or not upload any comments and/or feedback and/or images and/or content (hereinafter: “the Content”), which at its sole and absolute discretion, may harm the JORDEN JEWELRY brand and/or the public’s feelings and/or is of a blatant or sexually offensive nature and/or may cause a violation of copyright and/or is contrary to the provisions of any law and/or for any other reason.
Registering to receive content (content, marketing and advertising information by various media, as selected by the customer). It is hereby clarified that JORDEN JEWELRY does not guarantee that all such content and/or services will be provided and/or will be continuously available on the Site. JORDEN JEWELRY will be entitled to modify (expand or reduce) the list of content and/or services available on the Site, at its sole discretion and without giving any notice thereof.
Any customer of a service offered on the Site declares and acknowledges that she grants JORDEN JEWELRY the full and exclusive right to use the content and confirms that JORDEN JEWELRY will be entitled to use her name and/or image in any publication and/or presentation of the content on the webSite and/Facebook page without any remuneration.
This privilege of JORDEN JEWELRY shall be indefinite. In addition, the user acknowledges that she is aware that from the moment any feedback and/or responses, sharing, tagging is submitted or content uploaded to the Site and/or posted to the Facebook page by herself, these will become public, with all that this entails. The user confirms that she has considered this prior to using the services.
The Site enables, amongst other things, the selection and purchase of products from the products appearing on the Site, in a quick and easy manner.
To place an order, first select the desired product or service, color and size.
For each product or service offered on the Site, a specification page will be displayed detailing the product or service offered and the sale price (hereinafter “the Product page”).
Please note, JORDEN JEWELRY may update the product page from time to time, add or subtract details, remove products that are out of stock, add colours and/or dimensions, and update and/or change the price of an product from time to time. It is hereby clarified that the images on the Site are for illustration purposes only, there may be differences between the images, including the colours appearing in them, including the product details and the actual products.
These differences are due, amongst others, from the photographing and displaying of the products on a computer screen.
The prices on the Site include VAT according to law, unless explicitly stated otherwise.
In order to make a purchase on the Site, the customer will be asked to choose a password, as well as submit basic details such as name, address, e-mail, tel. number and credit card details.
Remember, keep your username and password secret to prevent abuse of your account, make sure to change your password frequently and in any case at least once every six months.
In order for your order to be processed quickly and without delay, make sure you submit the correct details, otherwise JORDEN JEWELRY cannot guarantee the execution of the order (hereinafter: “the Execution of the order”).
Please be aware that providing false details knowingly may be deemed a criminal offense. Fraudulent applicants may be subject to civil and criminal legal proceedings, including claims for damages caused to JORDEN JEWELRY due to a disruption of the Sites service.
In addition, the information provided by the user on the Site will be used, amongst others, to send e-mails regarding special promotions or updates on the Site, but only after receiving the user’s approval for this.
When ordering, JORDEN JEWELRY will review the credit card details submitted and when confirmation is received from the credit card company, the customer will be sent an order confirmation.
The debiting of the customers payment method in respect of the product or service purchased, will take place immediately upon completion of the order. The product(s) and/or service(s) purchased through the Site (i.e. executed by the customer and approved) shall hereinafter be referred to as “the Products”.
CONDITIONS FOR COMPLETION OF PURCHASE:
The purchase will be processed only after completion of the order process and after JORDEN JEWELRY receives approval from the Credit Card Company and/or PayPal regarding the success of the transaction, in accordance with the existing procedures between them and JORDEN JEWELRY.
In the event that the transaction is not approved by the Credit Card Company and /or PayPal, the customer will receive a notice and will be required to provide another payment method.
Completion of the purchase transaction also depends on the existence of the requested products in stock.
In the event that a product is out of stock and/or there is a problem with its supply, for any reason, JORDEN JEWELRY may notify the customer of the cancellation of the order or offer an alternative product of a similar nature and a similar price. Such notice shall be delivered to the customer by e-mail and/or by phone, at the discretion of JORDEN JEWELRY.
If you accept the offer your order will be updated again. If you decline the Site management will cancel your order and credit your credit card and/or PayPal account.
In such case, the customer will not have any claim against JORDEN JEWELRY and by confirming the order, will waive any such claim. JORDEN JEWELRY reserves the right to limit the quantity of products per order.
The order will be saved on JORDEN JEWELRY computers and may be viewed and tracked on the “My Account” link on the webSite.
A confirmation email will also follow within 48 hours of completing the transaction, regarding the execution of the transaction.
Please note, a confirmation e-mail regarding the registration of the order on the JORDEN JEWELRY system is not evidence of a successful transaction and is not binding to JORDEN JEWELRY.
It is hereby clarified that the JORDEN JEWELRY’s computerized records, which include data pertaining to all the actions on the Site, constitute prima facie evidence of their contents.
The customer may choose to ship the products ordered directly to her home and/or to another destination of her choice.
JORDEN JEWELRY will ship the products to the customer using an independent delivery company (hereinafter: the “Shipping Company”) and by the Postal Authority (hereinafter: “the Postal Authority”). Delivery of products by the shipping company will occur within a few days of the order confirmation date. The delivery of products via the Postal Authority depends on the delivery times of the Postal Authority.
Shipments via the shipping company will be arranged in advance, prior to procuring the product.
*Orders will be dispatched via a courier company which supplies most regions of Israel within 3 working days.
*outside of Israel within 3-12 working days.
*concept items are specially made to order and can take up to 90 days.
The Company is entitled – but not obligated – to provide the service also outside the distribution areas, by prior telephone coordination. Therefore, even if such an order was received and recorded on the Site’s computers, the company will not be obligated to provide it.
JORDEN JEWELRY is not responsible for any act and/or omission by the shipping company and/or the Postal Authority, including delay in delivery. Products cannot be shipped on Fridays/Saturdays/ holidays and the eve of holidays.
JORDEN JEWELRY is not obliged to supply products to areas where access is limited due to security issues.
Delivery of products to the customer’s home or to any other destination chosen by the customer entails payment of shipping charges as detailed on the Site [hereinafter: “Shipping Chargers”]. Shipping charges will be added to the products price as listed on the webSite. They will be chargeable for delivery to a single destination, whether one or more products are ordered.
The shipping cost related to the order will be charged at the time of ordering. If the Site approves spreading of the payment to a number of payments, it will be entitled to charge the shipping fee as part of the first payment.
CANCELLATION OF A PURCHASE BY JORDEN JEWELRY reserves the right, at its sole discretion, to terminate a customer’s activity on the Site at any time and/or cancel a purchase made by the customer, including but not limited to, in any of the following cases:
If after the transaction was concluded it is discovered that the product is out of stock.
If it turns out that there was an error in the price or description of the product ordered on the Site.
If the system did not fully capture the customer’s credit card and personal details.
The customer submitted incorrect details at the time of the purchase and/or subsequently;
The customer committed an act or omission that could harm JORDEN JEWELRY and/or anyone acting on its behalf and/or the proper functioning of the Site and/or any other third party; If in the opinion of the Company, the customer intends to resell the products purchased to a third party. In this context, the customer confirms and undertakes not to sell products purchased to any third party.
In the case of a force majeure, an act of war, terror hostility, emergency situation and/or anything else that could prevent a proper sale. In this section “force majeure” means: computer fault, telephone system fault or malfunctions in other communications systems, any sabotage or security incident.
Under such circumstances, JORDEN JEWELRY may cancel the transaction or offer the customer an equivalent replacement product at its discretion and in accordance with the circumstances of the cancellation.
JORDEN JEWELRY shall not be liable and shall not bear, in any event, any direct, indirect, consequential or specific damage caused to the customer or to a third party including but not limited to damage due to the purchase of the product and/or purchase of the product for a higher price from a third party.
The cancellation of the order shall be communicated to the customer by telephone and/or by email to a valid email address as specified on the Site.
The consequences of the cancellation do not detract from the Company and/or the Site’s right to sue the customer for damages due to a decrease in the value of the product as a result of its returned condition.
DEALS AND PROMOTIONS
The Site management may offer on Site promotions, benefits and discounts.
The Site may at any time withdraw or modify these promotions, benefits and discounts without having to give any prior notice thereof.
Please note: You do not have a given right to enjoy promotions, benefits and discounts on the Site.
Any change in the details or price of an order you submitted, for any reason, will initiate a re-evaluation of your eligibility to the offer and/or discount.
The Site management will endeavour to notify you by telephone if your eligibility for a discount and/or benefit is withdrawn or cancelled due to a change in the details of your order.
COMPANY AND WEBSITE LIABILITY
The management of the Site shall not bear any responsibility in respect of messages received or sent via the Site (including messages sent to customers by other users via the Site’s services), the content of such messages or any computer file attached to them, any damage, loss, inconvenience, aggravation, etc., resulting from it, directly or indirectly, and caused to the user or to any third party as a result of messages received through the services of the Site.
If an error is made in the description of a garment, this will not be binding to the Site and/or the management of the Site and/or anyone acting on its behalf. Images on the Site are for illustration purposes, there may be differences in appearance, colour, size, etc. between the product as presented on the Site and the product in reality. This does not impose a liability upon the Site management or anyone acting on its behalf.
The management of the Site makes every effort to provide its customers with a high quality and proper service. However it does not guarantee a non-interrupted service on the Site, or a regular and error free service, or a service which is safe and immune to unauthorized access to the Sites back office, to damage, malfunctions or failures – including malfunctions in hardware, software or communication lines to the Site – at the Company premises or with any of its suppliers. In any event the Company will not bear responsibility for such events.
In any event, the Company shall not bear any liability exceeding the value of the garment or product purchased and any other damage.
The Company is not responsible for the use made by the customer ordering and/or the receiver of the order with the garment, including its cleaning, not in accordance with the manufacturer and/or the Company’s instructions and any other use.
The Site management shall be deemed to have fulfilled its obligation when it delivers the products ordered to its designated address and/or to the delivery address submitted at the time of the order.
The Site management shall not bear liability for any damage caused to you due to a late delivery or as a result of faulty products delivered.
The displaying of products and their suppliers by this Site does not constitute an expression of opinion regarding their worth.
The name JORDEN JEWELRY, the brand name JORDEN JEWELRY, JORDEN JEWELRY’s trademarks (whether registered or not), etc. are all the sole property of JORDEN JEWELRY and may not be used without prior written consent
It is prohibited to make commercial use of the data published on the JORDEN JEWELRY Site, of the database of the Site, the lists and images of the products appearing therein or any other details published by or on behalf of the JORDEN JEWELRY without the prior written consent of JORDEN JEWELRY.
It is forbidden to copy, distribute, publish or otherwise make use of the content appearing on the Site, unless prior consent has been obtained, in writing and in advance, from JORDEN JEWELRY. It is prohibited to collect data from the Site via a software and/or distribute such data commercially in public.
All verbal content, icons and any information and/or display appearing on the Site, including graphics, verbal presentation, trademarks, logos, and the editing and presentation thereof, are the exclusive property of JORDEN JEWELRY and/or anyone acting on its behalf .
It is prohibited to use or allow others to use, in any other way, content from the Site, including other web Sites, electronic publications, print publications, etc. for any other purpose either by yourself or by a third party or by collaboration with a third party in any way or means, electronic, mechanical or optical means of recording or by any means and/or other way without obtaining the consent of the Company.
It is prohibited to enable or allow another to enable any computer application or other means to search, scan, copy, or automatically retrieve content from the Site.
The Site should not be displayed in a frame, visible or hidden, and the pages within it should not be linked to (“deep link”) apart from the home page.
The Site’s services must be used for lawful purposes only
CHANGES TO THE SITE AND TERMINATION OF SERVICE
From time to time the management of the Site may change the structure, appearance, design, scope and availability of services, and is also entitled to change any other aspect of the Site – without any need to inform and/or issue any warning in advance.
Such changes may cause errors and/or inconvenience. The user of the Site and/or the surfer on the Site and/or the customer on the Site cannot and will not have any claim, complaint or demand against the management of the Site in respect of such changes and/or errors that occur as a result of their execution.
Without derogating from the above, the Site may, for any reason whatsoever, terminate the provision of the Services at any time, in whole or in part, at the sole discretion of the Site’s management.
Payment on JORDEN JEWELRY is done through an automatic payment system of DSS-PCI standard, subject to the regulations of the credit card companies, and in addition is secured at the server level by SSL encryption.
The Site will not use any information without the client’s permission, unless required by law or to prevent abuse.
The Site will not use any of the information you provided when registering for the customer club or when placing an order online or by telephone, without your permission, unless it is required for the purpose of provision of services or is required by law or to prevent any illegal activity or misuse of the Site and services.
Access to data relating to you is stored in the Site’s database and is only made available to the Site’s administrators and employees in order to provide the services. You may request to review your information at any time and even request that this information be fully deleted from the Site lists by contacting the Site’s Customer Service (see above).
Please note that the Company does not store credit card numbers.
The company’s management uses the best precautionary measures in order to maintain the confidentiality of the information and the privacy of its customers. Transferring the data to the Site is carried out in the form of an encrypted and secure SSL protocol. Tranzila is the company that processes the credit card payments. It operates according to the strictest security standards PCI DSS level 1
Any transfer of a credit card number from the Site to the credit card company is encrypted with SSL protocol.
The Site makes us of the usual precautionary measures in order to maintain and secure, as much as possible, the information stored on its servers, in order to minimize the risk of unauthorized penetration and/or hacking into the Site’s secure computer systems.
However, in cases that are not under its control and/or are caused by force majeure, the Site shall not be liable for any damage whatsoever of any kind, indirect or direct, that may be caused to the customer or surfer and/or anyone on their behalf if such information is lost or used in an unauthorized way.
LAW AND JUDGMENT
The JORDEN JEWELRY team will be happy to help, listen, and advise
We look forward to seeing you again among our customers
For any questions and/or clarification and/or inquiry, please contact the Company’s Customer Service at INFO@JORDENJEWELRY.COM
JORDEN JEWELRY reserves the right to modify these Terms of Service from time to time without notice.
1. The below Terms and Conditions apply to any delivery transaction of the Seller. The Buyer placing the order constitutes the Buyer’s legally binding acceptance of the Terms and Conditions.
2. Any contrary General Terms and Conditions from the Buyer only become part of the Agreement if the Seller has or will accept them in writing (i.e. not by silence). The Seller objects to any contradicting Terms and Conditions of the Buyer unless those have been or will be accepted in writing.
2. AGREEMENT CONCLUSION
1. All Seller’s offers are subject to change.
2. The prices are net prices to which statutory value added tax is added. Furthermore, the Buyer will be charged the costs for packaging, freight, expenses such as customs duties and other shipment costs. Special surcharges shall be charged for individual and customized orders.
3. Any verbal information and agreements, especially with the Seller’s field office, sales representatives or employees in the showrooms require explicit written confirmation by the Seller in order to become binding for the Seller. 4. Redispositioning within the framework of a placed order is only permitted by written mutual agreement.
3. DELIVERY AND DELIVERY TIME
1. The Seller is entitled to make partial deliveries. The Buyer agrees to unsorted partial deliveries provided that the subsequent delivery is delivered within the agreed upon delivery period after receipt of the respective partial deliveries.
2. The Seller will never conclude sales that are to be performed at a fixed point in time. The specified delivery times are estimates that only express approximate delivery times. If, in individual cases, a delivery time has been agreed upon in writing it is considered fulfilled if the goods that are to be delivered have been dispatched at the deadline or if the Buyer has been informed of the readiness for dispatch in those cases in which the Buyer is to pick the goods up.
3. Force majeure and other extraordinary events that are outside the Seller’s influence and which make the delivery within the arranged delivery period significantly more difficult or impossible, e.g. strike, sickness, disturbances in the business operations of the pre-suppliers, extend the delivery time by the duration of the interference. The Seller shall inform the Buyer immediately once such events occur, as soon as the Seller determines that they will impact the delivery time. At the same time, the Seller specifies the estimated duration of a required extension of the delivery period. In these cases of non-availability, the Seller is entitled to withdraw from the Agreement if it has not yet been fulfilled. The Seller shall immediately after becoming aware of the non-availability notify the Buyer if it intends to withdraw from the Agreement.
4. If the Seller is late with a delivery, it shall be granted an additional 18 days to deliver. After unsuccessful expiry of these additional days to deliver, the Buyer is entitled to withdraw from the Agreement only, and limited to the portion of the delivery obligation that has not yet been fulfilled, if the Buyer informs the Seller in writing upon occurrence of the delivery delay that it will reject fulfilment of the Agreement after unsuccessful expiry of additional days to deliver of at least 18 days. In this case, the Buyer may only request compensation for non-fulfilment instead of exercising the right to withdraw if the Seller or its vicarious agents have intentionally or through gross negligence caused the delivery delay. In exceptional cases, in the event of a partial delivery delay caused by the Seller, the Buyer is entitled under the aforementioned conditions to withdraw from the entire Agreement or request compensation due to non-fulfilment of the entire delivery obligation if the partial fulfilment of the Agreement is of no interest for the Buyer by applying strict assessment criteria.
4. SHIPPING AND TRANSFER OF RISKS
1. The goods shall be delivered from the Seller’s warehouse. Place of fulfilment for all services under the Supply Agreement is the location of the Seller’s warehouse.
2. The Buyer bears the shipping costs including all incidental expenses, such as packaging and customs duties.
3. With the transfer of the goods to the Buyer, forwarding agent or freight carrier or any other individual or establishment who has been commissioned to carry out the shipment, however no later than at the time of leaving the warehouse, risks are transferred to the Buyer. The Seller is only liable for defects regarding the packaging of the goods, its shipment or the choice of the transportation means or route of transport if the Seller or its vicarious agents have acted intentionally or grossly negligent.
4. The Seller is only obligated to effect a transport insurance if the Buyer specifically requests it. The costs shall be borne by the Buyer
5. If shipment of goods is delayed for a reason that is not the Seller’s responsibility, risk is already transferred to the Buyer at the time of notification of shipment readiness. In this case, the Seller is entitled to store the delivery item at the Buyer’s expense and risk at the Seller’s own discretion and request immediate payment of the invoice amount.
6. If the Buyer does not accept shipped goods or does not accept them on time, the Buyer must bear any resulting additional transportation costs and incurring storage costs. The Seller will charge those separately.
1. The Buyer is obligated to thoroughly check the goods immediately upon receipt. The Buyer must inform the Seller in writing of any deficiencies and complaints within no later than 10 days after receipt. Evidence in the form of photos of the deficiencies and complaints must be provided by the Seller who is a businessman/businesswoman as defined by Section 14 of the German Civil Code (BGB) and processing of the complaint must be carried out by using the online complaints program that has been set up by the Seller.
2. Warranty rights do not exist if the Buyer carries out or causes modifications to the delivered goods or has tolerated modifications by third parties.
3. Customary deviations and/or minor and/or technically unavoidable deviations in the quality, colour, weight and dimensions of the design do not entitle to claims and do not result in warranty claims unless compliance has been explicitly agreed upon.
4. In the event of material damage, the Seller is entitled to improvement or delivering replacement goods that are free of defects within two weeks after receiving the returned goods. Returning goods is only allowed if the Seller has agreed to it. If the Seller chooses improvement or replacement delivery and if this fails, the Buyer may request at its choice that the purchase price is reduced or withdraw from the Agreement with respect to the goods for which the improvement or replacement delivery has failed.
5. The Buyer may exercise the right of retention of the purchase price that it owes due to possible material defects or incompleteness only with regard to the partial amount which it would owe for the deficient or missing parts during proper delivery. Any withholding of payments to the Seller that exceed the aforementioned entitles the Seller to refuse fulfilment of its warranty obligation until receipt of such payments.
6. For new delivery items, the period of limitation for claims is one year from the date of the transfer of risks. The statutory periods in accordance with Section 478 of the German Civil Code (BGB) shall remain unaffected.
7. If a Buyer’s claim proves to be unjustified, the Buyer shall bear the shipping costs for returning the goods. In addition, the Buyer shall bear an administrative fee of Euro 5.00 for each item which the Seller invoices for when returning the goods if the Buyer cannot provide evidence that the incurred costs where less than the charged flat rate.
1. Buyer claims, especially for compensation or lost profit are excluded, unless they are based on an intentional or grossly negligent breach of contract by the Seller or its statutory representative or its vicarious agents.
2. If the Seller is liable to pay compensation even in cases of common negligence based on particular agreements or obligatory legal provisions, the amount of the compensation that is to be paid by the Seller is limited to a maximum of 100% of the delivery value and the damage which the Seller should specifically have anticipated at the time of the Agreement conclusion, by considering all circumstances that were known at this point in time as possible results of the contract breach or other actions that obligate to pay compensation. In the event of a delay, the compensation is furthermore limited to a maximum of 0.5% of the delivery value for each completed week of the delay.
7. TERMS OF PAYMENT/SET-OFF PROHIBITION
1. The invoice is issued on the day of delivery or provision of the goods. Any postponement of the invoice value date is excluded unless agreed to otherwise.
2. 30% of the invoice amount is due upon receipt of the confirmation of the order prior to the start of production; the remaining amount is due upon delivery in the form of cash or bank-certified cheque. Any payment terms that deviate from the aforementioned require written confirmation by the Seller.
3. The Seller does not grant any cash discount deduction.
4. Any costs that incur as a result of accepting bills of exchange or cheques, especially discount charges and interest shall be borne by the Buyer.
5. In the event of delayed payments, the Seller is entitled, without special announcement or giving notice, to charge interest on arrears in the amount of 8 percentage points above the respective base interest rate, however no less than 12% p.a. For each payment reminder, the Seller is entitled to an arrears fee of Euro 5.00.
6. Furthermore, in the event of delayed payments, all other outstanding amounts receivable – including from bills of exchange – are immediately due, regardless of their due date. The Seller is furthermore entitled to withdraw from all ongoing agreements, cease deliveries, make them dependent on the provision of securities or to only deliver on the basis of cash on delivery.
7. In the event of delayed payments, the Seller is entitled to remove any items subject to retention of title even without withdrawing from the Agreement and even if partial payments have been made. All costs incurred due to the removal of items shall be borne by the Buyer. The goods that were taken back shall be offset against the outstanding amount at the current market value, subject to proof of a significantly lower decrease in value by the Buyer.
8. Offsetting of Buyer’s amounts receivable against Seller’s amounts receivable is excluded unless the Buyer’s amounts receivable are undisputed or have been determined as legally binding.
8. RETENTION OF TITLE
1. Delivery of the goods is subject to retention of title in accordance with Section 449 of the German Civil Code (BGB) with the following expansions:
a) The delivered goods remain the Seller’s property until complete payment of all amounts receivable and secondary claims from other and future transactions with the Seller (expanded current account retention). The Buyer may only sell the goods within the framework of its ordinary business operations.
b) The Buyer is not entitled to give away, pledge or transfer items subject to retention of title as a security.
c) If the Buyer does not fulfil its obligations towards the Seller or not on time or if the Buyer affects the items that have been delivered subject to retention of title in an unauthorised manner, regardless of the entitlement for fulfilment of the Agreement, the Seller may request return of the items if the Buyer has not fulfilled its obligation within a reasonable time period that shall be granted by the Seller. Once the Buyer has fulfilled the Agreement, the Seller must return the items. The above regulation does not apply to instalment purchase transactions. The right of retention may not be exercised against the entitlement for return of the items. The authorisation to sell delivered items may be revoked under the same conditions.
2. The Seller is obligated to release securities it is entitled to, to the extent that they exceed the value of secured Seller’s amounts receivable by 20%.
3. The Buyer must immediately inform the Seller if any third parties access the Seller’s property, items of joint ownership, claims that have been assigned to the Seller or Seller’s right (garnishment, confiscation or other order); otherwise the Buyer is liable for damages.
9. CONTRACTUAL PENALTY
1. The Buyer is obligated to solely offer the goods for sale, display, sell them, etc. in the retail shop which it specifies as the delivery address in the order.
2. The Buyer is obligated to refrain from giving away, selling or making goods that have been sold to it to commercial resellers or making them otherwise accessible to them.
3. The Buyer is obligated to refrain from offering, selling or otherwise advertising for goods that have been purchased from the Seller on the Internet or other sales platforms outside of its retail shop that it has specified to the Seller during ordering
4. The Buyer assures that the information regarding its trader status which it made during ordering is accurate.
5. The Buyer is obligated to pay contractual penalty in the amount of Euro 5,001.00 to the Seller if the Buyer breaches any of the aforementioned reassurances and/or obligations. The Buyer shall not raise the defence of continuation of offence.
1. Goods cannot be exchanged.
2. If, in exceptional cases, the Seller agrees to an exchange, the Buyer shall pay an administrative fee in the amount of 10% of the net value of the exchanged goods, plus the incurring postage and packaging costs. The Buyer is entitled to provide evidence that significantly lower costs than this flat rate incur. After return of the exchanged goods, the goods are checked by the Seller to determine whether the items are fault-free and new. If this is the case, the Seller shall issue a credit note in the amount of the net value of the returned goods to the Buyer which may be deducted from an invoice resulting from an additional order / additional orders that is / are placed by the Buyer with the Seller. The credit note amount shall never be paid out.
1. The Seller does not provide any exclusivity promises.
2. If, in exceptional cases, an exclusivity promise is made by the Seller it shall apply exclusively and only if this has been confirmed in writing by the Seller.
12. OTHER PROVISIONS
The Buyer’s rights under the contract of purchase may not be transferred.
13. PLACE OF JURISDICTION
If both parties are business people, the place of jurisdiction is in Nuremberg, Germany. The same applies to bills of exchange and cheque claims.
14. APPLICABLE LAW
The law of Germany excluding any conflicts of law shall exclusively apply. This law is also decisive for determining the question as to whether the Buyer has agreed to the validity of these General Terms and Conditions at the time of Agreement conclusion or at a later point in time.
15. LEGAL VALIDITY
Any, even partial, invalidity of individual aforementioned provisions shall not affect the validity of the remaining provisions.