Terms and Conditions

of
Reinhard Brück
Schulzenhof 99
33106 Paderborn
Tel. 0173 73 23 111
www.Schmuck-in-Funktion.de
E-Mail: reinhardbrueck@t-online.de
TAX ID: DE 170 183 534

Herein after called seller

§ 1 Scope of application
The following Terms and Conditions apply to all contracts, deliveries or other services. Differing regulations are only valid after being confirmed in written form by the seller. When placing the order, the Terms and conditions apply in their current version at that moment. The seller may change these terms and conditions and/or possible appendixes at any time but with appropriate time limit. For orders that were placed before the change, former terms and conditions apply.

§ 2 Conclusion of contract
1) Offers are nonbinding. All prices include 19% value added tax. There is no minimum order quantity.
2) Upon placing the order the customer confirms the offer and is bound to it. Only after the acceptance of the offer is the customer entitled to the delivery of the product.
3) When the customer gives all relevant information, the seller is – in consideration of the federal data protection act – authorized to use this information for the selling process.

§ 3 Payment, payment date, reservation of proprietary rights
The production of the custom-made product will be started as soon as the customer has paid the whole amount in advance. For this he recieves an order confirmation with all details regarding the jewelry as well as necessary transferral data. The amount is due upon order confirmation. Possible forms of payment are advance payments via bank transferal or Paypal payments to following bank account:

Owner : Reinhard Brück
Bank : Volksbank Paderborn
Account : 872 444 96 00
BLZ : 472 601 21
IBAN : DE05 4726 0121 8724 4496 00
BIC-/SWIFT-Code : DGPBDE3MXXX

For advance payments via bank transferal we grant a 2% cash discount of the total amount.
As soon as we receive the payment the product will be produced and shipped.
Until the full amount is paid, the seller is owner of the product.

§ 4 Delivery
1) In general the seller insures the delivery. Delivery cost may vary depending on the customer‘s domicile and will be given in advance of the order confirmation.
2) Deliveries within Germany are FREE of charge. For parcels withing the EU (except Germany), the transport cost will be given to the customer before the order confirmation. All transport cost will be covered by the customer.
3) Usually delivery will be 3-4 weeks after the order. In some cases this can vary e.g. for complex productions or high order quantities. Here the seller reserves himself the right for later deliveries. The jewelry is a special customization. Depending on the model and special requests, this time is needed to run through all work processes according to the high quality standards. Potential exceptions will be carried out according to prior agreement.
Usually the delivery takes 1-3 working days with DHL. For foreign countries this may vary and can last up to 1-2 weeks.
Under special circumstances delivery time may be longer. This will be directly communicated to the customer. Should, against expectation, the delivery not arrive within given time frames, please contact us immediately.
4) The seller is entitled to part-delivery, as this is within a reasonable time limit. The seller then compensates all additional delivery cost. Part-deliveries are sent on the risk of the seller. With the reception of each part delivery, the risk is transfered to the customer.
5) In case of nonavailablity, conditional acceptance gives the seller the right to not deliver. If so, the customer will be informed straight away and any payments will be reimbursed immediately.

§ 5 Right of withdrawal and return
According to § 312 d Abs. 4 Nr. 1 BGB, special customizations and products, which were made or transformed to fit individual body measurements or other customer specifications, and therefore are customized on the personal needs of the customer are excluded from withdrawal/return.
If string measurements need to be adjusted, a one-time change is free of charge. The delivery costs will then be split between buyer and seller. Additional changes are with cost and will be offered separately.

§ 6 Warranty
1) Depending on the technical device, the product pictures can differ from the delivered product in regards to colour, form and size. The seller assumes no liabilty for any writing or technical errors.
If the product is defective, the seller can repair or replace the product within a reasonable timeframe. If defects are not eliminated, the customer is entitled to a delivery free of damage, transformation or abatement.
2) Damages due to noncompliance with handling and caring advice, are excluded from this warranty. All cost for restoration will be paid by the customer.
3) A warranty case is not given, when ordered products are manufactured according to the measurements/indications given by the customer. Errors which are based on false measurements or wrong data, will be charged solely to the customer.
4) The customer is advised that especially gemstones are products of nature as well as that the closures are uniquely fabricated. Therefore deviations regarding design, form and colours are possible. The customer herewith accepts this.
5) For custom-made products, any rights to claim become time-barred after 6 months starting from the date of delivery.
6) Complaints have to be directed to given contact information.

§ 7 Place of execution and trial
Place of execution is the seller´s. Place of trial is Paderborn. United Nations Convention on Contracts for the International Sale of Goods is excluded.

§ 8 Severability Clause
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.