AGB

General terms and conditions with customer information

(The following terms and conditions also contain legal information on your rights under the provisions on contracts in distance selling and electronic commerce.)

1. Scope
2. Offers and service descriptions
3. Ordering process and conclusion of contract
4. Prices and shipping costs
5. Delivery, availability of goods
6. Payment modalities
7. Retention of title
8. Warranty and guarantee
9. Liability
10. Storage of the contract text
11. Data protection
12. Place of jurisdiction, applicable Law, Contract Language
13. Complaints/Dispute Resolution

1. Scope
1.1. For the business relationship between (hereinafter "seller") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order.
1.2. You can reach our customer service for questions, complaints and complaints by email at support@nikkeidiamonds.com
1.3. A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed (§ 13 BGB).
1.4. Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Descriptions of services in catalogs and on the seller's websites do not have the character of an assurance or guarantee.
2.2. All offers are valid "while stocks last" unless otherwise noted on the products. Apart from that, errors remain reserved.

3. Ordering process and conclusion of contract
3.1. The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the [Add to shopping cart] button. The customer can then use the [Continue to checkout] button in the shopping cart to complete the ordering process.
3.2. The customer submits a binding request to purchase the goods in the shopping cart by clicking the [Buy] button. Before sending the order, the customer can change and view the data at any time. Required information is marked with an asterisk (*).
3.3. The seller then sends the customer an automatic acknowledgment of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation). The automatic acknowledgment of receipt only documents that the customer's order has been received by the seller and does not constitute acceptance of the application. The purchase contract is only concluded if the seller sends the ordered product to the customer within 2 days, hand it over or the shipment arrives confirmed to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.
3.4. If the seller enables payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item in the case of prepayment is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs
4.1. All prices stated on the seller's website include the applicable statutory sales tax.
4.2. In addition to the stated prices, the seller charges shipping costs for the delivery. The shipping costs will be clearly communicated to the buyer on a separate information page and as part of the ordering process.

5. Delivery, availability of goods
5.1. If advance payment has been agreed, delivery will take place after receipt of the invoice amount.
5.2. If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable for the customer.
5.3. If the delivery of the goods fails due to the fault of the buyer despite three delivery attempts, the seller can withdraw from the contract. Any payments made will be reimbursed to the customer immediately.
5.4. If the ordered product is not available because the seller is not supplied with this product by his supplier through no fault of his own, the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, propose the delivery of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
5.5. Customers are informed about delivery times and delivery restrictions (e.g. limitation of deliveries to certain countries) on a separate information page or within the respective product description.

6. Terms of payment
6.1. The customer can choose from the available payment methods as part of and before completing the ordering process. Customers are informed about the available means of payment on a separate information page.
6.2. If payment by invoice is possible, payment must be made within 14 days of receipt of the goods and the invoice. For all other payment methods, payment must be made in advance without deduction.
6.3. If third-party providers are commissioned to process payments, e.g. Paypal. their general terms and conditions apply.
6.4. If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer has to pay the statutory interest on arrears.
6.5. The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages by the seller.
6.6. The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention
of title The delivered goods remain the property of the seller until full payment has been made.

8. Warranty for material defects and guarantee
8.1. The warranty is determined by legal regulations.
8.2. A guarantee exists for the goods delivered by the seller only if this has been expressly given. Customers will be informed of the warranty conditions prior to initiating the ordering process.

9. Liability
9.1. The following exclusions and limitations of liability shall apply to the seller's liability for damages, irrespective of the other statutory requirements for claims.
9.2. The seller is liable without limitation if the cause of the damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on the observance of which the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in the event of injury to life, limb or health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the text of the contract
10.1. The customer can print out the text of the contract before submitting the order to the seller by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the cancellation policy and information on shipping costs as well as delivery and payment conditions. If you have registered in our shop, you can view the orders you have placed in your profile area. In addition, we save the text of the contract, but do not make it accessible on the Internet.

11. Data protection
11.1. The seller processes the customer's personal data for a specific purpose and in accordance with the statutory provisions.
11.2. The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment details) are used by the seller to fulfill and process the contract. This data is treated confidentially and not passed on to third parties who are not involved in the ordering, delivery and payment process.
11.3. The customer has the right, upon request, to receive information free of charge about the personal data that the seller has stored about him. In addition, he has the right to correct incorrect data, blocking and deletion of his personal data, provided there is no legal obligation to retain it.
11.4. Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the data protection declaration.

12. Place of jurisdiction, applicable law, contract
language 12.1. Place of jurisdiction and place of performance is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
12.2. Contract language is German.

 

13. Complaints/Dispute Settlement
From February 15, 2016, the EU Commission will provide a platform for out-of-court dispute settlement. This gives consumers the opportunity to initially settle disputes in connection with their online order without going to court. The dispute settlement platform can be reached via the external link  ec.europa.eu/consumers/odr/ . You can reach us at: info@smart4deals.de

 

14. Payment Methods

We offer the following payment options: Paypal, credit card and instant transfer.

 

15. Retention of Title; On Bill; right of retention

(1) In the case of consumers, we reserve ownership of the purchased item until the invoice amount has been paid in full. If you are an entrepreneur exercising your commercial or self-employed professional activity, a legal entity under public law or a special fund under public law, we reserve title to the purchased item until all outstanding claims from the business relationship with the customer have been settled. The corresponding security rights are transferable to third parties.

(2) You only have the right to offset if your counterclaims have been legally established or are undisputed or recognized by us. In addition, you only have a right of retention if and to the extent that your counterclaim is based on the same contractual relationship.

(3) If the customer is in arrears with any payment obligations towards us, all existing claims are due immediately

 

End of Terms and Conditions