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Catalogue » General Terms and Conditions / Cancellation Policy

General Terms and Conditions / Cancellation Policy


Cancellation Policy


Right of Revocation
As the consumer, in accordance with § 13 BGB, you have the right to revoke the contract within one month of placing the order, in written form (e. g. letter, fax or email) or by returning the item. Reasons for the revocation need not to be stated. The revocation period begins with the receipt of this instruction in writing at the earliest, not prior, however, to the day of receipt of the ordered item. The dispatch of the revocation note or the item in due time shall suffice for compliance with the time limit. Please send the revocation note to:

Jochen Schepp
Bahrenfelder Str. 11
D-22765 Hamburg

Fax number: +49 (0) 40-39900312

Email: shop@Silberschmuck-grosshandel.de

Exceptions
A right of revocation is not existent for contracts
- about the delivery of goods which were produced on the customer’s specifications or clearly cut to personal desires or are not suitable to be returned due to their nature or are highly perishable or whose expiry date is exceeded,
- about the delivery of audio or video files (e. g. CD and DVD) or software, if the delivered medium has been unsealed by you.
- about the delivery of newspapers, journals and magazines.

Consequences

In the case of an effective revocation, both sides shall return the received item / payment as well as, should the occasion arise, derived benefits (e. g. interests). If the customer cannot return the item received from us in full or in part or only in a worsened condition, a compensation for the depreciation of value shall be retained. This does not apply if the deterioration of the item solely results from its testing like the customer would have done in a retail store. Further, the compensation duty can be prevented by not treating the item as his own property and refraining from anything that could impair the value. Packageable items shall be returned at own risk; non-packageable items will be collected. The customer shall bear the costs for the return if the delivered item is as ordered and if the price of the returned item does not exceed the amount of EUR 40.00 or if, in case of a higher price of the item, the customer did not effect the payment or an agreed by contract installment at the time of revocation. In all other cases the return is free of charge for the customer.

End of cancellation policy


General Terms and Conditions
Jochen Schepp Silver Jewellery

§ 1 General, Applicability

(1) The following General Terms and Conditions (GTC) regulate the contractual relationship between Jochen Schepp Silver Jewellery and the consumers and businessmen (hereinafter called “customer”) using the internet offer by Jochen Schepp Silver Jewellery. The GTC concern the use of the websites Silver Jewellery-grosshandel.de, schepp.com, sterling-925.de, sterling925.de, sterling-925.com, barataranta.de as well as all associated subdomains of these domains. Applicable is the respective valid at the time of the conclusion of contract version.

(2) Consumers in the sense of these terms and conditions are natural persons starting a business relationship with Jochen Schepp Silver Jewellery which cannot be allocated to their commercial or self-employed activity.
Businessmen in the sense of these terms and conditions are natural and legal persons or legally responsible business partnerships starting a business relationship with Jochen Schepp Silver Jewellery in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of Contract

(1) The offers by Jochen Schepp Silver Jewellery on the internet are a non-binding invitation to the customer to order goods at Jochen Schepp Silver Jewellery.

(2) When ordering the desired item on the internet the purchaser makes a binding offer to close a purchase agreement.

(3) Jochen Schepp Silver Jewellery is entitled to accept this offer within 3 days by sending an order confirmation. The confirmation is sent via email. After fruitless expiry of the stated in sentence 1 period of time the offer is considered rejected.

§ 3 Payment, Maturity, Default

(1) The payment is made by cash in advance, on delivery or on account. Cash on delivery is only possible if the address for despatch is within Germany. We reserve the right to accept or exclude certain modes of payment in a given case.

(2) In case of payment in advance the purchaser commits himself to pay the purchase price immediately after conclusion of contract. In case of payment on delivery the purchaser commits himself to pay the purchase price on delivery of the goods. In case of payment on account the purchaser commits himself to pay the invoiced amount within 14 days of the receipt of goods. In case of direct debit payment the purchase price is debited within one week after the conclusion of contract. In case of credit card payment the purchase price is debited after dispatch.

(3) If the purchaser is in default he is responsible for any negligence. He is also liable for coincidence, unless the damage would have occurred prior to receipt also if the payment was in time.

(4) The purchaser shall pay interest on the purchase price for the time of default. The default interest rate amounts to five percent above base rate per year. For legal businesses without participation of a consumer the interest rate amounts to eight percent above base rate.

(5) The enforcement of further damages is not affected.

§ 4 Shipment

(1) Shipment is performed by sending the purchased item to the address given by the purchaser.

(2) Shipment is performed for the stated packaging and shipment costs. For shipments abroad, unless specified otherwise, the price for package and shipment is calculated separately by weight. If the purchaser wishes a special kind of shipment which results in higher costs he has to bear these additional costs.

(3) If a purchaser buys an item for his commercial or professional activity the risk of accidental loss and accidental deterioration of the purchased item passes to him as soon as Jochen Schepp Silver Jewellery has passed the purchased item on to the freight forwarder, carrier or to the person or company designated for performing the shipment.

§ 5 Reservation or Propriety Rights

The purchased item remains property of Jochen Schepp Silver Jewellery until full payment. Before the transfer of property pledging, security transfer, processing or remodelling is not permitted without distinctive consent of Jochen Schepp Silver Jewellery.

§ 6 Prices

The price for an item indicated in the respective offer is the final price including value added tax and further price components. The price does not include delivery and shipping costs.

§ 7 Cancellation

(1) Jochen Schepp Silver Jewellery is entitled to cancel the contract also with regards to an outstanding unpaid part of delivery or performance, if wrong information about the creditworthiness of the purchaser were given or objective reasons with regards to the inability to pay by the purchaser occurred, e. g. the opening of insolvency proceedings on the purchaser’s assets or the rejection of such proceedings for lack of cost-covering assets. Before cancellation the purchaser is entitled to make an advance payment or offer an appropriate security.

(2) Regardless of possible compensation claims already delivered until cancellation partial performances shall be accounted and paid according to the contract.

§ 8 Warranty

(1) Warranty for Consumers
a) Jochen Schepp Silver Jewellery guarantees that the sold item is free from material or manufacturing defects at the time of delivery. If within six months starting from delivery the purchased item shows a material defect it is assumed that the item was faulty on delivery, unless this assumption is incompatible with the nature of the purchased item or the material defect. If the material defect shows after the expiry of six months the purchaser shall give evidence that the material defect already existed at the time the purchased item was delivered.
b) If the purchased item is faulty on delivery the purchaser is entitled to choose the supplementary performance between reworking or a compensation delivery. Jochen Schepp Silver Jewellery reserves the right to refuse the kind of chosen supplementary performance if it only goes with disproportionate costs or the other kind of supplementary performance is not to the disadvantage of the purchaser.
c) If the supplementary performance fails the purchaser is entitled to claim either abatement of the purchase price or revocation of the contract as well as compensation. In case of only minor defects the purchaser has no right of revocation.
d) Claims of the purchaser due to defects come under the statute of limitations after two years, in case of second-hand goods, after one year. The limitations period does not apply for compensation claims.

(2) Warranty for Businessmen
a) If the purchase is a commercial transaction for Jochen Schepp Silver Jewellery as well as the purchaser the purchaser shall inspect the delivered goods immediately for deviations in quality or quantity and inform Jochen Schepp Silver Jewellery in writing about visible defects within a period of one week starting from the moment he received the item; otherwise a warranty claim is excluded. Hidden defects shall be notified in writing to Jochen Schepp Silver Jewellery within one week starting from discovery. The dispatch in due time shall suffice for compliance with the time limit. In this case the purchaser shall give full evidence regarding all claim conditions, including the defect itself, the time the defect was discovered as well as the timeliness of the notice of defects.
b) In case of a defect Jochen Schepp Silver Jewellery provides warranty either by rework or replacement at his own discretion.
c) The purchaser’s claims due to defects come under the statute of limitations after one year. The limitation period does not apply for compensation claims.

(3) If Jochen Schepp Silver Jewellery for the purpose of supplementary performance delivers a flawed purchase item, Jochen Schepp Silver Jewellery is entitled to claim the return of the flawed purchase item from the purchaser.

(4) Defects caused by improper or contrary to the contract handling of the item by the purchaser during assembly, connection, operation or storage do not justify a claim against Jochen Schepp Silver Jewellery.

§ 9 Limitation of Liability

(1) Jochen Schepp Silver Jewellery is only liable for other damages caused by injury of life, body and health as far as these damages base on intent or gross negligence or culpable breach of elementary contractual obligations by Jochen Schepp Silver Jewellery or performing agents. Elementary contractual is an obligation whose fulfilment is essential for the proper performance of the contract and whose on which compliance the customer can rely on a regular basis. A further liability for compensation is excluded. Claims resulting from a warranty provided by Jochen Schepp Silver Jewellery for the condition of the purchased item as well as the product liability law are not affected.

(2) According to the current state of technology the data communication via the internet cannot be guaranteed to be flawless and / or available at all times. Therefore we do not assume any liability for limited availability of our online store.

§ 10 Choice of Law, Jurisdiction

(1) All conflicts arising from this legal relationship are subject to the law of the Federal Republic of Germany. Consumers have this choice of law only in so far as the provided protection does not contravene obligatory regulations of the law of the country where the consumer has his habitual residence. The application of UN Convention of Contracts for the International Sale of Goods (CISG) is excluded.

(2) If the purchaser is a merchandiser, corporate body under public law or special assets subject to public law exclusive to the place of jurisdiction for all disputes arising from this contract is the place of business of Jochen Schepp Silver Jewellery. The same applies if the purchaser has no general place of jurisdiction in Germany or the residence or usual habitual abode is unknown at the time of commencement of proceedings.

§ 11 Copyright for Photographs and Texts

All photographs and texts are copyrighted. The usage of our photographs and texts in any form require our written consent.

§ 12 Severability Clause

Should any part of these GTC be invalid or not enforceable, the validity of the other provisions of these GTC remains unaffected, unless the omission of individual provisions would adversely affect one contractual party, so that a holding to the contract would be unreasonable. In case of any doubt, only the German version of these terms and conditions shall apply.

End of General Terms and Conditions


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