Section 1 General information
Our products are made using natural materials, including but not limited to semi-precious stones, minerals, metals, leather and various accessories. Consequently, our products are subject to variation, for example in colour, weight and finishing. In particular, colours may deviate from images depicted on the Internet and in catalogues. This is attributable to multiple factors, including varying screen settings and ambient light conditions.
Any contracts for our products are subject to the following General Terms and Conditions. Any deviations from these terms before or at the conclusion of the contract must be expressly agreed in writing between the customer and the vendor.
Section 2 Conclusion of contract
1. The contractual partner in the context of these General Terms and Conditions is:
saami crafts, Inh. Sandra Doebele (hereinafter referred to as the “vendor”),
70182 Stuttgart, Germany.
2. The product offering presented in the vendor’s online shop on the Internet represents a non-binding invitation to the customer to place a purchase order via the online shop.
3. By placing a purchase order via the vendor’s online shop, the customer makes a binding offer to conclude a purchase contract, and confirms at the same time that they are a minimum of 18 years of age.
4. The customer can submit the offer using the online order form integrated into the vendor’s online shop, or by telephone, fax, e-mail or post. When using the online order form, the selected goods are placed into the virtual shopping cart and are subject to the subsequent electronic ordering process. Clicking on the button to conclude the order process will result in a legally binding contract offer for the goods in the shopping cart.
5. In the event that the customer submits their purchase order electronically, we will confirm receipt of the order without delay. Confirmation of the receipt of the purchase order does not constitute a binding acceptance of the purchase order on the part of the vendor.
6. The vendor shall accept the offer by sending a confirmation of the order within seven days to the email specified by the customer. Email confirmation can be substituted by the act of delivery or invoicing. If none of the reactions stated above occurs within seven days, the order is deemed rejected; the contract was not concluded. The period for acceptance of the offer begins on the day after the customer submits the offer.
7. The contractual text of the order is saved and can be retrieved via the customer account and printed out. Additionally, the order confirmation includes all order data, with the General Terms and Conditions, Guidance on Cancellation, and the Data Protection Policy.
Section 3 Right to cancellation
1. If the customer is a business (Section 14 BGB – the German Civil Code), then they shall have no right to cancellation or return in accordance with Section 312 d BGB in conjunction with Sections 355, 356 BGB. The right to cancellation shall only apply to consumers as defined under Section 13 BGB (any natural person who concludes a legal transaction for a purpose that cannot be ascribed to their commercial or self-employed activity).
2. Items of jewellery that have been personalised or customised in any way at the customer’s request are exempt from the right of cancellation for consumers.
3. Further information on the right to cancellation is provided in the Guidance on Cancellation.
Section 4 Contractual price
All prices quoted are end-prices including all taxes, but do not include costs for shipment or cash-on-delivery payment collection. A discount shall not be granted for early payment.
Section 5 Payment
1. Complete payment must be made in advance within 10 days following receipt of the confirmation of purchase, alternatively by cash-on-delivery or by PayPal. For consumers, any statutory rights to netting (offsetting) mutual claims to payment shall apply.
2. If the customer selects payment by PayPal, then the transaction will be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, and will be subject to PayPal conditions of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. The customer may only select this option if they open or already possess a corresponding PayPal account.
3. If payments are subject to charges (e.g., without limitation, bank charges, cash-on-delivery collection charges), these shall be borne by the purchaser.
4. The purchaser shall only be entitled to net (offset) mutual claims to payment where the purchaser’s claims have been uncontestably recognised by a court of law or have been undisputed by the vendor. The purchaser is also entitled to net (offset) mutual claims to payment if he can counter costs for the removal of defects or completion to the same contractual relationship.
If the customer is a business, they shall only be entitled to a right of retention (lien) where their corresponding counter-claim pertains to the same contractual relationship.
5. Where the vendor provides goods in advance of payment, such goods shall remain the property of the vendor until complete payment has been made.
Section 6 Delivery, shipment costs and returns
1. Goods are generally shipped via a service provider and delivered to the delivery address provided by the customer. The delivery address entered by the purchaser during the order process shall generally apply. However, in the case of payment by PayPal, the delivery address saved with PayPal at the time of the payment transaction shall apply.
2. Details of shipment costs are given in the description under the corresponding link “Shipment details”.
3. Any and all additional shipment or delivery costs that are incurred on account of the service provider not being able to deliver the goods to the purchaser at the address given despite due advance notice of delivery/shipment shall borne by the purchaser.
4. Should the purchaser not take receipt of ordered goods, the vendor shall be entitled to set the purchaser a reasonable deadline for such receipt. Once this deadline has elapsed without the purchaser taking receipt, the vendor shall be entitled to cancel the contract. The same rights shall apply if it is not possible to deliver the ordered goods to the address given by the purchaser.
5. Costs for returns shall be borne by the purchaser.
Section 7 Time-to-delivery
1. Goods are manufactured after receipt of payment and subsequently shipped without delay.
2. Delivery shall be made within 30 days. This period shall commence the day following receipt of payment.
3. Time-to-delivery shall be extended in the event of force majeure, including, without limitation, industrial action, by the period of delay incurred. The same shall apply where the purchaser fails to cooperate to a reasonable degree.
4. The vendor shall be entitled to make part deliveries and/or perform their contractual obligations in parts where this is not unduly unreasonable for the customer. In this instance, shipment costs shall only be charged once.
Section 8 Warranty, liability
1. Warranty obligations shall be in accordance with German statutory provisions.
2. The liability of the vendor and their agents and representatives is hereby excluded in cases of minor negligence except where there has been a breach of contractual duties whose fulfilment is an essential prerequisite for the due performance of the contract and whose fulfilment can be reasonably expected by the contractual partner (i.e. it represents a material breach of contract) or in the instance of injury to life, limb or health. Liability in the event of wilful or gross negligence remains unaffected by the foregoing.
Section 9 Redemption of gift vouchers
1. Gift vouchers purchased via the vendor’s online shop (hereinafter referred to simply as “gift vouchers”) can only be redeemed in the vendor’s online shop.
2. Gift vouchers and any balance from gift vouchers can be redeemed for up to three years after the date of gift voucher purchase. Any balance will be credited to the customer’s account until expiration after the three years.
3. Only one gift voucher may be redeemed per order.
4. Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
5. Should the value of the gift voucher not be sufficient for full payment of an order then the outstanding amount can be settled by choosing one of the other payment methods offered by the vendor.
6. No cash payments shall be made for the value of a gift voucher nor shall any interest be paid.
Section 10 Data protection
More information on data protection is provided in the vendor’s Data Protection Policy.
Section 11 Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of all and any legislation governing the international purchase of movable goods. However, this provision shall only apply to consumers where it does not infringe their statutory rights and protections granted in the state in which the consumer is habitually resident.
Section 12 Legal venue
If the customer is a business (Kaufmann as defined by the German Commercial Code (BGB)), a public-sector legal entity or public trust resident either in the sovereign territory of the Federal Republic of Germany or elsewhere, the venue for any disputes arising from this contract shall be the vendor’s principal place of business.
Section 13 Information on online dispute resolution
The European Union provides an online platform for the out-of-court settlement of disputes governed by consumer legislation (ODR platform) at http://ec.europa.eu/consumers/odr
This platform is a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts where a consumer is involved.
We are not obliged, nor are we willing, to participate in dispute resolution processes via a consumer mediation agency or service.