Terms and Conditions Juwelo Germany

What is the validity of these terms of service and who is the contracting party?

The validity of these terms and conditions is limited to deliveries of goods within UK, EU states and Switzerland; the contracting party is Juwelo Deutschland GmbH (hereinafter also “Juwelo”).

Who can participate and how are the prices and contract concluded?

1. Juwelo auctions and fixed price sales are open to everyone.
2. With jewellery auctions, you either submit a binding offer for the purchase of the presented product at the price stated at the time of the bid by telephone via our bid hotline or by following registering online then submitting a bid via our website. This maximum price offered to you can still fall in the course of the jewellery auction (until the end of the respective auction). The final price you pay for the product is shown by the final price at the end of the jewellery auction. All participants in the auction pay only the lowest closing price.
3. For fixed price sales via our online shop, you submit a binding offer for the purchase of the product at the displayed fixed price. Before completing your order through our website, it is possible to check and correct the data you have entered.
4. For fixed price sales on all other distribution channels (including catalog, advertisements), you make a binding offer to purchase the product at the fixed price shown in the offer at the time of the order by either: calling our call centre, e-mail or by using our order postcard.
5. A binding contract is concluded with the acceptance of your offer by the call centre (for telephone orders) or by the order confirmation sent by e-mail to the e-mail address that you provided. You are bound to your order for a maximum of five days. The final contract is in German. The contract text is stored by us, but is not available directly from us.
6. When ordering via our website, we provide these terms and conditions and any other terms of service with the data of your order in the ordering process ready for retrieval. You can easily find this information by either downloading the terms and conditions or by storing the data summarized in the order process using your browser functions, or by waiting for the e-mail we send to the given address after the order or auction has been completed. This e-mail again contains the contract terms with order data and these terms and conditions and can be easily printed or saved with your e-mail program. You will receive the terms with the delivery of every order in text form as well.
7. The prices quoted are total prices, meaning they include the respectively valid German VAT and other price components. They are also including shipping costs.

Shipping, shipping costs and payment options and terms

1. We only ship to UK, EU countries and Switzerland. Juwelo offers its customers to charge the shipping fee only once for up to ten pieces of jewellery purchased via auction or online store on a broadcasting day (8:00 am to 2:00 am the following day). Shipping costs include statutory sales taxes.

   For customers from non-EU countries: Transaction fees may be applicable.

   Which payment options are available to you in your country and which shipping costs are incurred can be seen in the following graphic (a dash means that we cannot offer you this payment option in the respective country):

   Delivery country	Shipping costs	Additional fees for payment by Prepayment, credit card, Paypal, cheque, IDEAL, Ratepay invoice 3, Ratepay instalment payment 3, Ratepay direct debit 3	Additional fee for payment by cash on delivery 2
   Germany	5,95€	0€	4€
   Italy, Spain, Austria	6,95€	0€	4€
   Rest of EU 1, Switzerland 1, UK 1	6,95€	0€	-

   ¹ When importing goods into non-EU countries, customs duties and import sales tax are payable by the customer. ² The costs arising from payment by cash on delivery are to be borne by the customer and will be charged in addition to the shipping costs. A detailed list of fees can be found in our fee table.
   Fees for cash on delivery deliveries only: €4 These are also charged for free shipping. Cash on delivery payments are possible in Germany, Austria, Italy and Spain.
   ³ Please note the ‘General terms of payment for Ratepay payment methods’ for the payment methods Ratepay invoice, Ratepay direct debit and Ratepay instalment payment, which we offer in cooperation with our service provider Ratepay GmbH. If you have selected one of these payment methods or change the payment method later, you will also find the ‘General Terms of Payment for Ratepay Payment Methods’ in text form after placing the order together with the goods. Payment by Ratepay invoice is not offered in other EU countries.

   Additional terms of service and privacy policy of Ratepay GmbH

   In order to be able to off er you attractive payment methods, we cooperate with Ratepay GmbH · Ritterstr. 12-14 · 10969 Berlin (hereinafter “Ratepay”). If an effective purchase agreement between you and us is made when using a Ratepay payment method, we transfer our payment claim to Ratepay. When using the RatePAY payment method installment payment, we transfer our payment claim to the partner bank of Ratepay GmbH. If you choose one of the RatePAY payment methods offered here, you consent to the transmission of your personal and order data, as well as the contract, to Ratepay GmbH for the purpose of identity and credit checks. Please see the additional terms of service and privacy notice for RatePAY payment methods that are part of these general terms and conditions that will be applied whenever you choose a Ratepay payment method.

2. Juwelo will deliver the products through a shipping service commissioned by Juwelo (currently DHL or HermesDPD or their partners), depending on the payment method chosen by you within approximately 5 working days of receipt of the order and, if applicable, advance payment or release of the payment service provider within the EU and in Switzerland. We manufacture creative articles that are tailor-made for you after receipt of your order and send them within 2 to 3 weeks of receipt of the order and any prepayment or release of payment service. If delivery is not possible, you will receive a message from the carrier as to other possibilities.
3. We offer various payment options, depending on the outcome of a credit check for a contract acceptance, instead of the method of payment invoice purchase via RatePAY to refer to one of our other payment methods. No right to purchase on account is granted.
4. When paying by credit card, the invoice amount will be debited from your credit card account immediately after you place your order.
5. With advance payments, you will receive an invoice from us with a transfer slip. As soon as we have booked the payment, we will ship the goods as described in point 3.b.
6. When making a payment via the online provider Paypal, you must register or already be registered there, verify your access data and confirm the payment order to us.
7. Paying via Ideal requires only a current account, which you can also use for online banking.
   
   

   Additional terms of service and privacy policy of RatePAY GmbH

   In order to be able to offer you attractive payment methods, we cooperate with RatePAY GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter “RatePAY”). If an effective purchase agreement between you and us is made when using a RatePAY payment method, we transfer our payment claim to RatePAY. When using the RatePAY payment method installment payment, we transfer our payment claim to the partner bank of RatePAY GmbH. If you choose one of the RatePAY payment methods offered here, you consent to the transmission of your personal and order data, as well as the contract, to RatePAY GmbH for the purpose of identity and credit checks. Please see the additional terms of service and privacy notice for RatePAY payment methods that are part of these general terms and conditions that will be applied whenever you choose a RatePAY payment method.

Right of revocation

You will find a briefing below on the requirements and consequences of the statutory right of revocation of shipping orders for consumers. This is not associated with contractually granting rights beyond the law. The statutory right of revocation does not apply to commercial resellers.

In addition, for certain offers or for certain periods of time, you may receive an option of return that goes beyond the law (see section 5)

1. Cancellation policy

   Right of revocation.

   You have the right to withdraw from this contract within fourteen days without giving any reason.

   The cancellation period is fourteen days from the date on which you or a third party named by you, who is not the carrier, has taken possession of the goods.

   In order to exercise your right of revocation, you must inform us (Juwelo Germany GmbH, Erkelenzdamm 59/61, 10999 Berlin, Germany, phone from UK: +44 800 931 3333, phone from Germany: 0800 227 44 13, phone from Austria and Switzerland: 0800 20 20 260, phone from other EU countries: 00800 410 400 00, e-mail: customerservice@juwelo.com) by means of a clear statement (e.g. a letter sent by mail or e-mail) about your decision to withdraw from this contract. You may use the attached sample cancellation form, which is not required.

   In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of revocation before the expiry of the cancellation period.

2. Consequences of cancellation

   If you withdraw from this contract, we will immediately return all payments to you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable and least expensive standard delivery we offer), immediately or at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we will use the same means of payment as you used in the original transaction, unless expressly otherwise agreed with you; in no case will you be charged for repayment fees.

   We will pick up the goods. We bear the cost of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to handling caused by you that is unnecessary for examining the nature, characteristics and function of the goods.

3. Sample cancellation form

   The “Sample Cancellation Form” mentioned in the cancellation policy above can be found below. You do not have to use it, however. You can also use our returns form for goods shipments, which we attach to each consignment of goods or formulate your return yourself.

   Sample cancellation form

   (If you wish to revoke the contract, please fill out this form and send it back.)
   
   To Juwelo Deutschland GmbH, Erkelenzdamm 59/61, 10999 Berlin, Germany, e-mail: customerservice@juwelo.com
   
   -I/we (*) hereby cancel the contract that I/we (*) agreed to for the purchase of the following goods (*) / the provision of the following services (*):
   
   -Ordered on (*) / received on (*)
   
   -Name of the consumer(s)
   
   -Address of the consumer(s)
   
   -Signature of the consumer(s) (only if to be notified on paper)
   
   -Date
   
   (*) Delete as appropriate.

Contractual return policy

If we grant in our offers an additional right of return in addition to the statutory right of revocation, this is done on the following conditions:

1. For all orders placed within the specified promotional period, you have the contractual option to return the purchased goods as follows. We will inform you of the period in which you can do this or a date until which the return is still possible. In addition and independent of the contractual right of return, you always have the statutory right of revocation with its own start of the term and the term of 14 days to declare a revocation.
2. The period for the right of return refers to the individual goods and always begins with your possession of the respective goods or that of a third party named by you, who is not the carrier. If no deadline is specified in the offer, but rather a return period, you can exercise the contractual right of return within that period (example: “30-day right of return” gives you a total of 30 days to return the goods).
3. You exercise your contractual right of return by returning the goods free of charge to us within the specified period or by the specified deadline. Shipping within this time is sufficient.
4. After receipt of the goods, we will refund the purchase price and shipping costs. You only have to pay for a possible loss in value of the goods if this loss of value is due to handling that is not necessary for examining the nature, characteristics and function of the goods. In this case, the regulations on the statutory right of revocation apply accordingly.

Your statutory right of revocation (see Section 4 of the GTC) is not restricted by such an extended right of return and, of course, shall remain unrestricted.

In individual cases, the statutory right of revocation may even extend beyond the time specified in the offer.

Warranty, complaint management and gemstone information

1. In the case of goods defects, the buyer has a statutory warranty right.
2. We value your customer satisfaction. For service inquiries or complaints, please contact our customer service at the contact details mentioned above. We will strive to examine your requests as quickly as possible, and we will contact you once we receive your documents, input or complaints.
3. Indications of origin and names of our gemstones follow CIBJO (Confédération Internationale de la Bijouterie, Joaillerie, Orfèvrerie, des Diamants, Perles et Pierres) guidelines. More information can be found at http://www.cibjo.org.
4. Gemstone treatments are all treatments (except grinding) of precious stones with the aim of influencing the gemstone’s appearance, durability or value. Most internationally traded gems are treated. For more information about gemstone treatments accepted by Juwelo, please visit Enhancement & Care of Gemstones.

Liability

In addition to our product warranties, we are liable for claims of damages arising from organizational negligence, tort, contractual negligence or any other fault-based claims for breach of duty, only as far as we or our vicarious agents under our instruction can be accused of intent or gross negligence. This does not affect liability according to Sections 1 and 4 of the Product Liability Act. This disclaimer of liability does not apply to cases of slight negligence resulting in injury to life, limb, health or in the case of a guarantee of quality or fraudulent concealment of a defect in the sense of Section 444 BGB.

Retention of title

Goods delivered to you remain the property of Juwelo Deutschland GmbH until full payment has been received.

Data protection, credit check

Our privacy practice is governed by law. For details on how we collect and use your personal information, please refer to our Privacy Policy, which also includes credit check information (including your address) to calculate the likelihood of default.

10. Applicable law, jurisdiction

1. The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships with us. The United Nations Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their incorporation into German law, shall not apply. This choice of law implies that the customer who is habitually resident in an EU state or Switzerland shall not be deprived of the protection afforded by mandatory provisions of the law of that state.
2. In business dealings with merchants and legal entities governed by public law, the place of jurisdiction for all disputes concerning these terms and conditions and individual contracts subject to their validity, including action on a bill or a check, shall be our place of business. In this case, we are also entitled to sue at any other legal place of jurisdiction. Any exclusive place of jurisdiction remains unaffected by the above regulation.

Severability clause

Should individual provisions of these terms of service be wholly or partially invalid or lose their legal validity later, this will not otherwise affect the validity of these terms of service. The ineffective provisions will be replaced by statutory provisions. The same applies if the terms of service have an unforeseen gap or loophole.