Terms of service

Table of contents

1. Scope of validity
2. Contractual partner & conclusion of contract
3. Terms of delivery
4. Payment methods
5. Right of cancellation
6. Retention of title
7. Damage in transit
8. Liability for defects & warranty
9. Redemption of promotional vouchers
10. Redemption of gift vouchers
11. Applicable law & liability
12. Settlement of disputes
13. Final provisions

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as ‘GTC’) of the company Schmuckatelier Lang e.K. (hereinafter referred to as ‘Seller’) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as ‘Client’) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

1.4 These GTC shall also apply to future business relationships with entrepreneurs without us having to refer to them again. If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they shall only become part of the contract if we have expressly agreed to them.

1.5 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

2) Contractual partner & conclusion of contract

The purchase contract is concluded with Schmuckatelier Lang.

2.1 Every natural person and every company - regardless of its legal form - that wishes to enter into a business relationship with us may only open one (1) account with us. It is expressly prohibited for a natural person or a company to open several accounts (e.g. under different login names). Offers that are discounted can and may only be utilised once by each natural person and each company.

2.2 By placing the products in the online shop, we submit a non-binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained for this purpose in the order process. The contract is concluded - in accordance with the following provisions - when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

2.3 A binding contract can also be concluded beforehand as follows:

• If you have chosen credit card payment, the contract is concluded at the time the credit card is charged.
• If you have chosen to pay by direct debit (bank deposit), the contract is concluded when the account is debited.
• If you have selected the payment method PayPal, the contract is concluded at the time of your confirmation of the payment instruction to PayPal.
• If you have selected the SOFORT bank transfer payment method, the contract is concluded at the time of confirmation of the payment instruction to SOFORT GmbH.

The language available for the conclusion of the contract is German.

2.4 Although we endeavour to always keep sufficient stocks of the products we offer, we are not liable for impossibility of delivery or for delays in delivery if these are caused by force majeure or other events that were not foreseeable at the time the contract was concluded (e.g. operational disruptions of any kind, difficulties in the supply chain). disruptions of any kind, difficulties in procuring materials or energy, transport delays, strikes, lawful lockouts, shortages of labour, energy or raw materials, difficulties in obtaining the necessary official permits, official measures or the failure of suppliers to deliver or to deliver correctly or on time) for which we are not responsible. If such events make delivery or performance significantly more difficult or impossible for us and the hindrance is not only of a temporary nature, we shall be entitled to withdraw from the contract. In the event of hindrances of a temporary nature, the delivery or performance periods shall be extended or the delivery or performance dates shall be postponed by the period of the hindrance plus a reasonable start-up period. If you cannot reasonably be expected to accept the delivery or service as a result of the delay, you may - irrespective of your statutory right of cancellation - withdraw from the contract by immediate written declaration to us. The text of the contract will not be saved by us.

2.5 When submitting an offer via the seller's online contact form or by e-mail, the contract text is saved by the seller after the contract is concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The seller will not make the text of the contract available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data is archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.

The seller can accept the customer's offer within five days

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive in this respect, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods
• by the customer is decisive in this respect, or by requesting payment from the customer after placing the order

2.6 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Terms of delivery

3.1 Shipping costs are added to the stated product prices. You can find out more about the shipping costs in the offers and on the ‘Shipping conditions’ page.

3.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of cancellation. If the customer effectively exercises his right of cancellation, the provision in the seller's cancellation policy shall apply to the return costs.

3.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be informed immediately and the consideration shall be reimbursed without delay.

3.4 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller. An appointment must be made for this purpose. In this case, no shipping costs will be charged.

3.5 Vouchers ordered in the online shop will be provided to the customer as follows

- by e-mail

Vouchers purchased in the shop, Segringer Straße 14, 91550 Dinkelsbühl, will be provided to the customer as follows

- physical gift card

 

4) Payment methods

4.1 The payment option(s) will be communicated to the customer in the seller's online shop on the respective product page.
Payment is only considered to have been made once the amount payable has been irrevocably credited to the account of Peter Lang Schmuckatelier e.K.

4.2 Credit card (Visa/Mastercard)

4.3 Prepayment/bank transfer

If you choose prepayment as your payment method, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment. If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 PayPal

You pay the invoice amount via the online provider PayPal. You must be registered there or register first, authenticate yourself with your access data, and confirm the payment instruction to us (exception: guest access, if applicable).

If you choose a payment method offered by PayPal, payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that completes the ordering process.

4.5 PayPal Family&Friends

If you select PayPal Family&Friends as your payment method, we will send you our contact address stored with PayPal in a personal message and deliver the goods after receipt of payment.
You must be registered there or register first, authenticate yourself with your access data, and confirm the payment instruction to us (exception: guest access, if applicable).

4.6 Cash payment (when picking up at the store)

The option to pay me in cash is only available in the store. This applies to direct purchases on site or when ordering from the seller's online shop with the “Pick up” option selected as the delivery method at checkout.

4.7 SPECIAL CASE: Ordering used goods & exclusive pre-owned watches

Used goods and exclusive pre-owned watches are marked with a reference to differential taxation in accordance with §25 UStG (German Value Added Tax Act) under the “Taxation” information on the respective product page.

The payment option(s) will be communicated to the customer in the seller's online shop on the respective product page. These payment methods may vary for products in this category.

Case A:

If it is possible to complete the purchase of a affected product via the “Add to cart” button, the following payment options are available to you: 4.2 Credit card (Visa/Mastercard), 4.3 Prepayment/bank transfer, 4.4 PayPal, 4.5 PayPal Family&Friends, 4.6 Cash payment (when picking up at the store).

Case B:

If you can only make a personal inquiry for a affected product using the “Interested? - Inquire now” button, the following payment options described above are available to you when completing a purchase: 4.3 Prepayment/bank transfer, 4.5 PayPal Family&Friends, 4.6 Cash payment (when picking up in store).

5) Right of cancellation

5.1 Consumers are generally entitled to a right of cancellation. Entrepreneurs are not granted a voluntary right of cancellation.

5.2 Further information on the right of cancellation can be found in the seller's cancellation policy.

6) Retention of title

6.1 If the seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

6.2 For entrepreneurs, the following also applies: We reserve title to the goods until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

 

7) Damage in transit

7.1 If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or to contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or transport insurance company.

 

8) Liability for defects & warranty

The statutory liability for defects applies. Information on any additional guarantees that may apply and their exact conditions can be found within the product's information and on special information pages in the online shop. Customer service: You can contact our customer service team at any time by email or telephone.

Monday to Friday from 9:30 am - 12:30 pm and 2:00 pm - 6:00 pm.

Telephone number: +49 (0)9851 7660

Mobile: +49 (0)170 9920314

Email: home@schmuckatelier-lang.de

Products in the ‘Exclusive watches’ category are covered by a warranty for defects for one year from the date of purchase. For all other products, the warranty claims can be found on the product pages.

9) Redemption of promotional vouchers

9.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter ‘promotional vouchers’) can only be redeemed in the seller's online shop and only during the specified period.

9.2 Promotional vouchers can only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Only one promotional voucher can be redeemed per order.

9.6 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

9.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of cancellation.

9.10 The promotional voucher is only intended for use by the person named on it. The promotional voucher may not be transferred to third parties. The seller is authorised, but not obliged, to check the material entitlement of the respective voucher holder.

10) Redemption of gift vouchers

10.1 Vouchers that can be purchased via the seller's online shop (hereinafter ‘gift vouchers’) can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.

10.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one gift voucher can be redeemed per order.

10.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

10.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.7 The balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.8 The gift voucher is transferable. The seller can make payment with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of power of representation of the respective holder.

11) Applicable law & liability

11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

11.2 We shall always be liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents

• in the event of injury to life, limb or health
• in the event of wilful or grossly negligent breach of duty
• in the case of guarantee promises, if agreed
• insofar as the scope of application of the Product Liability Act is opened.

11.3 In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, the amount of liability shall be limited to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.

12) Dispute resolution

Alternative dispute resolution in accordance with Art. 14 para. 1 ODR-Regulation and § 36 VSBG

The European Commission provides a platform for online dispute resolution (ODR), which you can find here http://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

13) Final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.