terms and conditions
General Terms and Conditions of the Atelier Sofia online shop (as of December 1, 2024)
§ 1 Scope
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts concluded between us, Atelier Sofia, Rudolf-Diesel-Str. 11, 69115 Heidelberg and our customers via our online shop. In addition to the provisions of these GTC, the statutory provisions apply.
(2) Any deviating, conflicting or supplementary terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity.
§ 2 Conclusion of contract / Contract language / Storage of contract text
(1) The presentation or advertising of goods in our online shop does not constitute a binding offer to conclude a purchase contract.
(2) In the online shop, the customer’s order is sent to us after clicking the “order with payment” button.
You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the ordering process.
The order represents a legally binding offer to which the customer is bound for 7 calendar days. Any right of revocation pursuant to Section 3 remains unaffected by this.
(3) After we receive the order, we will immediately confirm receipt of the order to the customer by email. The order confirmation does not constitute acceptance of the contract offer unless acceptance is declared at the same time.
(4) A contract between us and the customer is concluded by declaration of acceptance by e-mail or by delivery of the ordered goods.
(5) The customer may only use the German language to conclude the contract.
(6) Before placing a binding order in the online shop, you have the option of saving the contract text. We do not save the contract text of the contract concluded with the customer. In addition, the customer will receive the contract terms with information on the ordered goods, including these General Terms and Conditions and the cancellation policy, by email.
§ 3 Right of withdrawal / Exclusion of the right of withdrawal
If the customer concludes the purchase contract for purposes that can predominantly not be attributed to his commercial or independent professional activity ("consumer"), he has the following right of withdrawal:
Cancellation policy Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period shall be 14 days from the day on which you or a third party other than the carrier designated by you takes possession of the goods. To exercise your right of withdrawal, you must inform us, Atelier Sofia, Rudolf-Diesel-Str. 11, 69115 Heidelberg, phone +49 151 29688890, email info@ateliersofia-finejewelry.com, of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired. Consequences of revocation If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from your choosing a different type of delivery than the cheapest standard delivery offered by us), promptly and at the latest within 14 days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than 14 days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the 14-day period. You will bear the direct cost of returning the goods. You must pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning. The goods must be new, unused and in perfect condition and must also contain any attached tags and certificates and the original packaging. If the creation is a personal engraving, a ring size change or a custom-made product, cancellation is not possible. The content of the customer information (e.g. submitted texts) is not checked and liability is excluded in this respect. If the creation is not in perfect condition, we reserve the right to return the goods to you.
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Cancellation form
If you wish to withdraw from the contract, please fill out this form and send it back to the following address:
Atelier Sofia
Rudolf-Diesel-Str. 11
69115 Heidelberg
Germany
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
§ 4 Delivery costs / delivery time / availability
(1) Deliveries are generally made at the customer's expense, unless otherwise agreed. An overview of shipping costs can be found here. In the event of cancellation, the customer must bear the direct costs of returning the goods.
(2) The delivery time is usually 2 to 4 weeks, unless a different delivery time is specified in our online shop or something else has been agreed. The delivery time begins upon conclusion of the contract.
(3) If the goods are not available at the time of the order, we will inform the customer immediately. If the product is permanently unavailable, we will not accept the customer's contract offer and no contract will be concluded. If the goods are only temporarily unavailable, we will also inform the customer immediately.
§ 5 Prices and payment terms
(1) The purchase prices in our online shop are gross prices including statutory sales tax plus any applicable shipping costs. The total price including sales tax and shipping costs is shown to the customer on the order overview page before the order is placed.
(2) The purchase price is due upon conclusion of the purchase contract.
(3) The following payment methods are available to the customer: PayPal, credit card (Amex/Maestro/Mastercard/Visa) and Klarna.
(4) The purchase price and shipping costs must be paid no later than 2 weeks after receipt of the goods and our invoice.
(5) The customer agrees to receive invoices and credit notes exclusively in electronic form.
§ 6 Gift vouchers
(1) We offer the purchase of gift vouchers (goods value vouchers) in our online shop. These vouchers can only be redeemed for the purchase of goods in our online shop. The value does not accrue interest and cannot be paid out in cash.
(2) Credit from vouchers can only be redeemed before the order process is completed. To do this, the valid voucher code must be entered in the field provided during the order process. Vouchers cannot be redeemed after the order has been placed. Only one voucher can be redeemed per order.
(3) If the value of the ordered goods exceeds the voucher balance, the difference can be settled using the payment methods offered in our online shop.
§ 7 Retention of Title
The delivered goods remain our property until the purchase price has been paid in full.
§ 8 Warranty
The warranty for material or legal defects in delivered goods is governed – subject to the provisions in Section 8 – by the applicable statutory provisions, in particular Sections 434 et seq. of the German Civil Code (BGB).
We accept no liability or guarantee for personalized jewelry based on customer specifications. In particular, no content checks are carried out on customer information (e.g. submitted texts) and liability is excluded in this respect.
§ 9 Liability
(1) We shall be liable to the customer in accordance with the statutory provisions for damages and reimbursement of expenses in the event of culpable injury to life, body or health, as well as in the event of intent and gross negligence, in the event of fraudulent concealment of a defect or a guarantee assumed by us, and in accordance with the Product Liability Act.
(2) We are also liable for slightly negligent breach of a material contractual obligation. Material contractual obligations are those whose fulfilment enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies and may rely. In these cases, however, our liability is limited to compensation for foreseeable, contract-typical damage.
(3) In all other respects, liability for damages and reimbursement of expenses – regardless of the legal basis – is excluded.
(4) The above provisions shall also apply to the benefit of our legal representatives and vicarious agents if claims are asserted directly against them.
§ 10 Applicable Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has his or her habitual residence in another country at the time of the order, the application of mandatory legal provisions of that country remains unaffected by the choice of law made.
§ 11 Dispute Settlement
(1) The European Commission provides a platform for online dispute resolution. You can find this at https://ec.europa.eu/consumers/odr/.
(2) We are neither willing nor obliged to participate in dispute settlement proceedings.