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A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.
2.1. The subject-matter of the contract is the selling of products.
2.2. The purchase agreement takes place via the online shopping cart system as follows:
The products intended for purchase are moved to the “shopping cart”. You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time.
By clicking the “purchase” button to submit the order, you declare acceptance of the order in a legally binding way by which the purchase agreement takes place.
Payment methods are displayed on the site.
2.3 The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via email, in a partially-automated manner. Consequently, you have to ensure that the email address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective emails are not blocked by a SPAM filter.
3.1. The statutory warranty rights are applicable.
3.2. As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
3.3. If the goods are found to be faulty, we shall reserve the right to repair the goods or deliver replacements. If the defect is not removed, you can demand a reduction in the price or withdraw from the contract at your discretion. The defect removal is applicable after a failed second attempt, unless the circumstances prove otherwise, in particular due to the nature of the object and/or defect or other conditions. In case of repair, we must not bear the additional costs, which arise from the transfer of the item to a place other than the place of fulfilment, as far as the transfer does not correspond to the intended use of the item.
3.4. If your jewellery breaks due to a production error, you have the right to claim compensation within 2 years from the date you purchased your products. This will, however, only apply if you are able to provide valid proof of the date of purchase. If you are able to provide such proof, you will receive a new piece or have it repaired by us free of charge. Please contact our support via email stating your order number, description and photo of the damage.
AVGVST Jewelry GmbH
Alte Schönhauser Str. 27 10119 Berlin
Email: [email protected]
Postal address: Alte Schönhauser Str. 27 10119 Berlin
VAT DE 328787166
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/consumers/odr/main/
The key features of the goods and/or services can be found in the correspondence page.
7.1 The final prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
7.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.
7.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear. Please note that Avgvst does not have any control over these fees and we cannot advise as to what the costs will be, as they vary by country. For more information, please contact your local customs office. Keep in mind that we’re not able to reimburse you for duties and taxes paid upon delivery. You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
7.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
7.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
8.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
8.2 The risk of the sold item accidentally being destroyed or degraded during shipping only passes over to you when the item in question is delivered, regardless of whether or not the shipping operation is insured. This condition does not apply if you have independently commissioned a transport company that has not been specified by us or a person who has otherwise been appointed to execute the shipping operation.
9.1. You have the right to return your order within 14 days from the date you receive your items. Please note that we do not cover the cost of returns unless they are due to a fault of ours or a claim. Please contact our support team before returning faulty or wrong pieces.
9.2. Return procedure:
If you wish to return/exchange an order please follow the procedure below:
Request the return form here: [email protected] and fill in all your information.
Make sure to pack the parcel safely and in its original box and packaging.
Return the products to:
Alte Schönhauser Str. 27 10119 Berlin
As a rule, products should be returned in their original packaging. They are to be unused other than for trying them on. If there is evidence that suggests that the jewellery have been used to a degree that decreases the value of the product, you will lose your right to return the products. If the jewellery arrives to us broken, the right of return waives.
We will not bear the direct costs of returning the products, unless the return is a result of our error. In that case please contact our support team who will provide you with a shipping label, which will cover the costs associated with returning the products to us.
Our return policy does not affect your statutory rights.
To prevent fraud, we are only able to refund the amount to the credit card or PayPal account that was used to place the order. We are entitled to retain the refund until we have received the items or proof of return of the items has been presented to us whichever is the earlier.
We are not able to refund customs and VAT for orders sent to destinations outside the EU. It should be noted that we will not refund customs and VAT for orders shipped to customers outside the EU, where the deliveries are refused by the customer or because the customer was not home to receive the delivery. All sales taxes will be refunded to customers within the EU.
9.4. RIGHT TO CLAIM COMPENSATION
If your jewellery breaks due to a production error, you have the right to claim compensation within 2 years from the date you purchased your products. This will, however, only apply if you are able to provide valid proof of the date of purchase. If you are able to provide such proof, you will receive a new piece or have it repaired by us free of charge. Please contact our support team via email stating your order number, description and photo of the damage.
We reserve the right to decline unreasonable repairs, returns and exchanges.
If you have questions concerning repairs, please reach out to our support team and we will do our best to help you.
10.1. German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
10.2. The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
11.1 Contract language shall be English.
11.2 The complete text of the contract is not saved with us. Before the order is sent, via the online – shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via email.
11.3 You will be sent all contractual information within the framework of a binding offer in written form, via email for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.
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