Pearls, Beads and Costume Jewellery
General Terms and Conditions of Trade, Perlenmarkt Franke GmbH
§ 1 Scope of application
Solely the following general terms and conditions of business are valid and applicable between Perlenmarkt Franke GmbH (in the following called Perlenmarkt) and the buyer, that is in the version which is valid on the actual day of order placement. Deviating conditions of the buyer are not acknowledged by Perlenmarkt, unless having priorily and explicitly agreed to their individual validity in writing.
§ 2 Orders
Orders can be placed directly in our online-shop, via fax or e-mail. Telephone orders are not possible.
Telefonische Bestellannahme ist nicht möglich.
§ 3 Termination of Contract and Withdrawal
Perlenmarkt is obliged to accept the order of a customer in accordance with the conditions stated on the website. Perlenmarkt is entitled to withdraw from the sale in case it is based on a typing, printing or calculation mistakes on the website.
If the supplier of Perlenmarkt GmbH does not deliver the ordered goods despite contractual obligations, Perlenmarkt will also have the right of withdrawal. In this case the customer will be informed immediately about the fact that the ordered product is not available. If the product has already been paid for, the relevant amount will be returned to the customer immediately. Confirmed delivery times are generally binding.
The customer is entitled to revoke the order in writing (also per e-mail) or by returning the goods within two weeks after the beginning of the purchase contract. The fabricated products are excluded from this return regulation for reasons of hygiene. Goods have to be returned in their original condition (original packaging). A copy of the invoice has to be enclosed when the goods are returned. Returns without postage paid will not be accepted. It has to be pointed out that Perlenmarkt in some cases is entitled to keep a certain amount covering the decrease in value when the product has already been used..
§ 4 Delivery
If it has not been agreed in any other way, the delivery will be carried out ex warehouse to the address stated by the customer. Indications about the delivery time are non-binding, unless – as an exception- the delivery time has expressively been agreed to.
The delivery time is (as long as the goods are on stock) 3-7 work days.
The delivery is carried out within Germany via mail (registered letter or parcel) or UPS-Parcel Service.
§ 5 Postage Charges
The postage charges within Germany are:
5,00 EUR postage charges
For cash on delivery, additional fees of EUR 4,00 are charged.
Shipping to locations abroad is usually handled by mail.
The sales tax identification number has to be stated for deliveries to other European countries.
§ 6 Minimum Order Value
The minimum order value for our retail trade is EUR 10,00.
§ 7 Due date and payment, delay
The purchase price is due at the time when the order is actually placed. The customer can pay the purchase price per cash on delivery, credit card advance payment or direct debiting.
§ 8 Liability for Defects
If a product defect is discovered which has been caused by Perlenmarkt, the customer is entitled to demand a subsequent performance (elimination of the defect or replacement product). Complaints have to be made immediately after receipt of the product. If Perlenmarkt is unable to provide any subsequent performance based on disproportionality, or is not ready to implement it, or in case of delays extending the adequate deadlines caused by Perlenmarkt, the customer has the choice to demand an adequate reduction of the purchase price or to withdraw from the contract.
Notices of defects have to be made immediately after receipt of the goods. The customer still is obliged to keep to the obligation of payment.
Further demands of the customer – no matter which legal reasons they are based on – are exempt. Perlenmarkt is not liable for damages, which are not caused by the delivered products as such. In particular Perlenmarkt is not liable for any profit lost or other financial losses caused to the customer. An exclusion of liability for Perlenmarket is also applicable in case of any discolouring, which can happen to metal beads and their clasps (see § 8). In case the liability of Perlenmarkt is exempt or limited, this is also applicable for the personal liability of employees, representatives or accomplices.
§ 9 Exclusion of Liability
Perlenmarkt does not take over any liability for damages, especially allergic reactions, which could result from the wear of our products or which are in connection with it.
We would like to point out clearly that there is a possibility of a discoloration of nickel-free metal beads (Greek & Italian) as well as with synthetic beads. This could happen especially in connection with the application of perfumes, lotions and sweat, e.g. a strong insolation. This does not mean any form of defect and consequently is no reason for filing a complaint. Minor deviations of colour and size could occur despite a very careful product production and are no justification for complaints.
Pearls are not suitable for babies and small children. The product illustrations are not corresponding with the original size of the products.
§ 10 Set-off, Retention
The buyer is only entitled to a right of retention if his counterclaim is legally founded or in case it has been confirmed by Perlenmarkt. Apart from that he is only entitled to exercise the right of retention if his counterclaim is based on the same contract.
§ 11 Reservation of Property Rights
The products remain the property of Perlenmarkt GmbH until the customer has fully paid the purchase price.
Conditions of redeeming a voucher
Vouchers cannot by paid out in cash. A resale is also not permitted.
If the voucher value is not high enough for your order, the difference can be remitted as a prepayment, cash on delivery or by handing in further vouchers.
The remaining credit balance will be credited to your gift bonus account before the expiry date of your voucher. It cannot be used after that date. Please bear in mind the expiry date of your voucher for that reason.
We do not take over any liability if there are any typing mistakes in the e-mail address of the recipient of the voucher.
§ 12 Data Protection
The customer has been informed about the kind, scope, location and purpose of the collection, processing and use of the personal data, which is required for the handling of orders, the registration of the e-mail messaging service and for the online review. The customer clearly agrees to the collection processing and use of personal data.
We only use the information filed about you (according to the European data protection act) in a legal way.
§ 13 Applicable Law
The German law is applicable to the exclusion of the UN sales rights.
All retail prices quoted in the online shop include statutory VAT.
© 2004 Perlenmarkt Franke GmbH