Terms & Conditions
General Terms and Conditions and Client Information
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Price and Delivery Costs
- Shipment and Delivery Conditions
- Liability for Defects
- Law and Jurisdiction
- Alternative Dispute Resolution
1) Scope of Application
1.1 These Terms and Conditions of the company Unique Jewelry GmbH (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 online shop of the Seller. The inclusion of the Client's own
conditions is herewith objected to, unless other terms have been stipulated.
1.2 A consumer pursuant to these Terms and Conditions is any individual acting for
purposes which are wholly or mainly outside that individual’s trade, business, craft or
profession. A trader pursuant to these Terms and Conditions is any person acting for
purposes relating to that person’s trade, business, craft or profession, whether acting
personally or through another person acting in the trader’s name or on the trader’s
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but merely serve the purpose of submitting a binding offer by
2.2 The Client may submit the offer by the online order form integrated into the Seller's online shop.
In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process,
and by clicking the button finalizing the order process, the Client submits a legally binding offer
of contract with regard to the goods and/or services contained in the virtual basket.
2.3 The Seller may accept the Client's offer within five days
- by transferring a written order confirmation or an order confirmation in written form
(fax or e- mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is
- by requesting the Client to pay after he/she placed his/her order.
The contract shall be concluded at the time when one of the aforementioned
alternatives occurs. Should the seller not accept the Client’s offer within the
aforementioned period of time, this shall be deemed as rejecting the offer with the
effect that the Client is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall start on the day after the Client has sent
the offer and ends on the expiry of the fifth day following the sending of the offer.
2.5 The contract’s content will be stored by the Seller and will be sent to the Client in
writing including these Terms and Conditions and Client Information (for example via
e-mail, fax or letter) after the Client has submitted his order. In addition, the contract’s
content will be stored on the Seller’s website and can be found by the Client in the
customer login via the password-protected customer account, provided the Client has
created a customer account in the online shop prior to submitting his order.
2.6 The Client can correct all the data entered via the usual keyboard and mouse
function prior to submitting his binding order. In addition, prior to submitting the order,
all data entered will be displayed in a confirmation window and can be corrected here as
well, via the usual keyboard and mouse function.
2.7 The contractual language is English.
2.8 Order processing and contacting usually takes place via e-mail and automated order
processing. It is the Client`s responsibility to ensure that the e-mail address he/she
provides for the order processing is accurate so that e-mails sent by the Seller can be
received at this address. Particularly, it is the Client`s responsibility, if SPAM filters are
used, to ensure that all e-mails sent by the Seller or by third parties commissioned by
the Seller with the order processing can be delivered.
3) Right to Cancel
Consumers are entitled to the right of cancellation. Detailed information about the right
of cancellation is provided in the Seller’s instructions on cancellation.
4) Price and Delivery Costs
4.1 Unless otherwise stated in the product descriptions, prices indicated are end prices
and include the statutory value-added tax. Any possible additional delivery and dispatch
costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise
which are beyond the Seller’s control. They shall be borne by the Client. Such costs are
for example money transfer costs (transfer fees, exchange rate charges) or customs
duties or import taxes.
4.3 Payment can be made using one of the methods mentioned in the Seller’s online
4.4 If payment in advance has been agreed upon, payment shall be due immediately
upon conclusion of the contract.
4.5 When payments are made using a payment method offered by PayPal, handling of
payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie,
S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject
case the clientClient has no PayPal account, the conditions applicable for payments
without PayPal account will be effective. They can be viewed at:
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route to the delivery address indicated by
the Client, unless otherwise agreed. For the transaction procedure the delivery address
specified by the Client in the ordering process shall be applicable. By way of derogation,
when choosing the payment method PayPal, the delivery address provided by the Client
to PayPal at the time of payment shall be applicable.
5.2 Should delivery to the Client not be possible, the assigned transport company
returns the goods to the Seller and the Client bears the cost for the unsuccessful
dispatch. This shall not apply if the Client is not responsible for the event that entails the
impossibility of delivery, or if he/she has been temporarily impeded to receive the
ordered goods, unless the Seller has given notice to the Client in an adequate period of
time prior to the delivery.
5.3 The Seller reserves the right of partial delivery. In this case the Seller informs the
Client at which point of time all installments will be delivered. Delivery should be
completed within a reasonable period of time. Additional costs will not be claimed for
such partial delivery. However, if the Client has asked for partial delivery, the Seller
reserves the right to charge the Client the additional delivery costs.
5.4 The risk of accidental destruction and accidental deterioration of the sold goods
shall in principle be transferred to the Client when they come into the physical
possession of the Client or a person identified by the Client to take possession of the
goods. . Should the Client act as a trader, the risk of accidental destruction and
accidental deterioration in the event of a sale by dispatch shall be transferred upon
delivery of the goods to a qualified transport person at the Seller's place of business.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect
or improper self-supply. This only applies if the Seller is not responsible for the
non-supply and if he has concluded a concrete hedging transaction with the supplier.
The Seller shall make all reasonable efforts to obtain the goods. In case of
non-availability or partial availability of the goods he shall inform the Client without delay
and payments made by the Client will be immediately refunded.
5.6 Collection by the Client is not possible for logistical reasons.
6) Liability for Defects
6.1 The statutory consumer rights will apply.
6.2 If the Client is a consumer and he uses his short-term right to reject the product, he has to return the product at his cost.
7) Law and Jurisdiction
7.1 If a Client acts as a consumer pursuant to Section 1.2, any contractual relationships
between the parties are governed by the law of the country where the Client has his
habitual residence. The UN-Convention on Contract for the International Sale of Courts is
excluded. Moreover, the courts of the State where the Client is domiciled will have
exclusive jurisdiction over any dispute relating to these relationships.
7.2 If a Client acts as a trader pursuant to Section 1.2, any contractual relationships
between the parties is governed by the law of the country where the Seller has his place
of business. The UN-Convention on Contract for the International Sale of Goods is
excluded. Moreover, the courts of the State where the Seller has his place of business
will have exclusive jurisdiction over any dispute relating to these relationships.
8) Alternative Dispute Resolution
8.1 The EU Commission provides on its website the following link to the ODR platform:
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
8.2 The trader is neither obliged nor prepared to attend a dispute settlement procedure
before an alternative dispute resolution entity.