General terms and conditions
§ 1. General and Application
The following terms and conditions shall apply for all contracts between the customer and the Bjørg Design GmbH about the delivery of goods, which are ordered in Bjørg Design GmbH’s online shop under the web-site www.bjorgjewellery.com, respectively www.shop.bjorgjewellery.com.
§ 2. Account
(1) The customer is responsible for maintaining the confidentiality of its account and password and for re-stricting access to its computer to prevent unauthorised access to its account. The customer agrees to accept responsibility for all activities that occur under its account or password.
(2) The customer should take all necessary steps to ensure that the password is kept confidential and secure and should inform Bjørg Design GmbH immediately if it has any reason to believe that its password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
(3) The customer shall ensure that the details which are provided to Bjørg Design GmbH are correct and complete. The customer shall inform Bjørg Design GmbH immediately of any changes to the information that has been provided at the time of registration.
§ 3. Conclusion and subject matter of contract
(1) Bjørg Design GmbH’s advertising and presentation of products in the online-shop under the website www.bjorgjewellery.com, respectively www.shop.bjorgjewellery.com, is an invitation to treat (“Aufforderung zur Abgabe eines Angebotes”). The customer’s order constitutes an offer within the meaning of § 145 BGB.
(2) The customer places the order by carrying out the following steps:
(a) Select product(s) and “add to bag”.
(b) Select “view Cart” to see detailed information of the products to be purchased: in particular, the stock level is indicated by different colours, i.e. green colour means that the product is “on stock”, red colour means that the product is “out of stock”. To proceed with the purchase click on “Final Checkout”.
(c) Enter all personal information and click on “Continue”.
(d) Click on “terms of use and read the terms and conditions carefully”, highlight the section “I have read your Terms of Use and agree with them” if you agree and click on “continue to proceed”.
(e) Choose relevant credit card as your payment method and enter all credit card details.
(3) After placing an order, Bjørg Design GmbH will send an email to the customer, which confirms receipt of the order and contains the details of the order. This email does not constitute the acceptance of the offer.
(4) Bjørg Design GmbH accepts the offer either by shipping the products to the address provided by the customer or by confirming the shipping by an email. The contract has not been concluded before Bjørg Design GmbH has accepted the offer.
§ 4. Prices and conditions of payment
(1) Bjørg Design GmbH’s products can only be purchased through Bjørg Design GmbH’s official website www.bjorgjewellery.com, respectively www.shop.bjorgjewellery.com. The product numbers stated on the website are exclusive.
(2) All prices stated on the online-shop are in Euros and inclusive 19% German VAT. For customers who is located outside EU and who is requesting a delivery adress outside EU, German VAT will be deducted from the purchase amount during the checkout and payment process, ref; § 3.2(d) and §3.2(e) Shipping costs are not included. For detailed shipping costs, see § 5 below.
(3) For payment Bjørg Design GmbH only accepts the following credit cards: Visa, EuroCard/MasterCard. Bjørg Design GmbH does not accept other methods of payment.
(4) In case of delivery outside EU the customer is obliged to bear the customs duties and further costs incurred. Customs policies vary widely from country to country, so the customer should contact the local customs office for further information.
§ 5.Delivery
(1) Products which are “on stock” will be delivered inside Germany and the EU within 7 working days and outside the EU within 14 working days.
(2) For products which are “out of stock” the delivery period can be up to 8 weeks in case of delivery inside Germany and the EU. In case of delivery outside the EU, the delivery period can be up to 10 weeks.
(a) If the customer orders several items and one or more of the ordered items are currently out of stock, Bjørg Design will not ship the goods until each of the ordered items is back in stock again. The delivery time in that case may take up to eight weeks for customers within the EU and up to 10 weeks for customers who are located outside the EU.
(3) Both inside and outside Germany, all products will be delivered by the carrier DHL.
(4) The shipping costs depend on the customer’s location:
(a) place of delivery inside Germany: 6.00 Euro
(b) place of delivery inside EU: 12.00 Euro
(c) place of delivery outside EU: 25.00 Euro
(5) Bjørg Design GmbH will not be held responsible for any delay or failure to comply with its obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
(6) The risk of loss or damages will not pass to the customer until the goods have been delivered to the customer.
§ 6. Returned goods
(1) The customer has the right to return new unworn or unused goods within 14 days. Goods should be re-turned in their original packaging where relevant. The 14-days-period shall begin to run after receipt of this instruction (e.g. via e-mail, fax), but in any event no earlier than the goods have been received by the cus-tomer. In order to comply with the 14-days-period, it shall be sufficient for the products in question to have been dispatched as new and unused within this period. The customer is not entitled to return goods to a Bjørg Design store, but is only entitled to return the goods directly to Bjørg Design GmbH. The return of the products has to be addressed to
Bjørg Design GmbH
Düsseldorfer Landstraße 59
47249 Duisburg
Germany
(2) In the event of the return of the products, any services and products received, and any profit derived there from, shall be returned.
(3) Bjørg Design GmbH will only cover shipping costs incurred in returning the product(s) if the return is a result of our error.
(4) Articles can only be returned in case they are still welded and packed in their original hygiene slips and/or packages.
Our return policy does not affect your statutory rights.
§ 7.Retention of title (“Eigentumsvorbehalt”)
Bjørg Design GmbH retains title to the goods until receipt of all payments in full.
§ 8.Warranty and liability (“Gewährleistung und Mängelhaftung”)
(1) Bjørg Design GmbH will give a two-year guarantee on all products.
(2) The used stones and other natural raw materials and products are not defective in case of insignificants deviations in form, shape, colour and weight within accepted standards of natural products due to raw ma-terials.
§ 9.Copyright and use of the website
(1) Also after the purchase Bjørg Design GmbH is still the owner of all intellectual property rights, particu-larly design rights and copyrights, concerning its goods.
(2) The customer is not entitled to extract and/or re-utilise parts of the contents of the website. In particular, the customer may not utilise any data mining, robots, or similar data gathering and extraction tools to ex-tract (either once or many times) for re-utilisation of any substantial parts of this website.
(3) The customer must not use the website in any way that causes, or is likely to cause, the website or ac-cess to it to be interrupted, damaged or impaired.
§ 10.Data protection (“Datenschutz”)
(1) Bjørg Design GmbH is entitled to collect, process and use our customers’ data in accordance with appli-cable data protection law.
(2) Bjørg Design GmbH will only use the customer’s data for purpose which the data are provided for and/or for correspondence with the customer.
(3) If necessary for the processing of payment, Bjørg Design will transfer the customer’s payment data to the credit institute which is instructed with the payment.
§ 11. Links
As far as Bjørg Design GmbH refers or set up links to any other website at its website www.bjorgjewellery.com, Bjørg Design GmbH does not assume any liability for the completeness, the cor-rectness or the data protection of the respective websites’ content.
§ 12. Jurisdiction and applicable law
(1) The contract shall be governed by the laws of the Federal Republic of Germany.
(2) Exclusive place of jurisdiction for any dispute arising out or in connection with this contract is Düsseldorf.
(3) In case that any of the provisions of these terms and conditions are invalid, void or not legally enforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remain-ing provisions of the terms and conditions.