§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders placed with the online store of
SIO DUE – Fine Jewellery
Managing director: Sandra Böge
phone: +49 171-6934823
(2) The offer of goods in our online store is intended exclusively for buyers who have reached the age of 18 years.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer, which contradict our general terms and conditions, is contradicted already now.
(4) Contractual language is German and English.
(5) You can find the currently valid general terms and conditions on the
website and download and/or print them.
§ 2 Conclusion of contract
(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online store..
(2) By clicking the button “Order now with obligation to pay” you submit a binding purchase offer (§ 145 BGB).
(3) After submitting your purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A contract of sale of the goods is only concluded when we expressly declare acceptance of the purchase offer or when we dispatch the goods to you – without prior express declaration of acceptance.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs..
§ 4 Terms of payment; default
(1) Payment can be made either by Paypal or SumUp
§ 5 Offsetting / Right of Retention
(1) You shall only be entitled to set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship to our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2) The goods remain our property until full payment of the purchase price.
(3) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
- We retain title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
- You may resell the goods in the ordinary course of business.
In this case, you already assign to us all claims in the amount of the invoice amount that accrue to you from the resale. We accept the assignment, but you are authorized to collect the claims. Insofar as you do not properly meet your payment obligations, we reserve the right to collect claims ourselves.
- If the reserved goods are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.
- We commit ourselves to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released shall be incumbent upon us.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB, i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of withdrawal in accordance with the following provisions.
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, you can also receive a sample withdrawal form from us, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period to:
Company: SIO DUE – Sandra Böge
Address: Baurs Park 38 – 22587 Hamburg
Consequences of the withdrawal
If you withdraw from this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the withdrawal from this contract.The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss of value of the goods if this loss of value is due to the handling of the goods which is not necessary for the inspection of the condition, properties and functioning of the goods.
(1) The right of withdrawal does not apply to the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. custom-made, engraved products, etc.), to the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal was removed after delivery or to the delivery of sound or video recordings or computer software in a sealed package if the seal was removed after delivery.
(2) Please avoid damage and any impurity. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure adequate protection against transport damage in order to avoid claims for damages due to defective packaging.
(3) Before returning the goods, please call us at phone no.: +49 171-6934823 to announce the return. This will enable us to allocate the products as quickly as possible
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not a prerequisite for the effective exercise of the right of withdrawal.
§ 8 Transport damage
(1) If goods are delivered with obvious transport damage, please claim such defects immediately to the delivery person and contact us as soon as possible.
(2) Failing to make a claim or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.
§ 9 Warranty
(1) Unless expressly agreed to the contrary, your warranty claims shall be governed by the statutory provisions of the law on the sale of goods (§§ 433 et seq. BGB).
(2) If you are a consumer in the sense of § 13 BGB (German Civil Code), the limitation period for warranty claims for used goods is – in deviation from the statutory provisions – one year. This limitation shall not apply to claims based on damages resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages resulting from an intentional or grossly negligent breach of duty by the user or its vicarious agents.
(3) In all other respects, the statutory warranty regulations shall apply
(4) If you are an entity in the sense of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
- Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
- You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of any obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. In the event of a breach of the duty to inspect and notify defects, the assertion of warranty claims shall be excluded.
- In the event of deficiencies, we shall, at our discretion, provide warranty by rectification or replacement delivery (subsequent performance). In the event of subsequent improvement, we shall not have to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that the transport does not correspond to the intended use of the goods.
- If the supplementary performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
- The warranty period is one year from the delivery of the goods.
§ 10 Liability
(1) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, limb and health of persons.
(2) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract and on the fulfillment of which you may regularly rely (cardinal obligation).The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favor of our vicarious agents.
§ 11 Final clauses
(1) Should one or more regulations of these GTC be or become ineffective, the effectiveness of the other regulations is not affected.
(2) Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.