Terms and Conditions

1. SCOPE OF APPLICATION

The following General Terms and Conditions apply to all orders placed through our online shop by consumers and entrepreneurs.

A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

For entrepreneurs: If the entrepreneur uses conflicting or supplementary General Terms and Conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to them.

2. CONTRACTUAL PARTNER, CONCLUSION OF CONTRACT, CORRECTION OPTIONS

The purchase contract is concluded with FineLine Jewelry & Co.

By placing products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the 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 contract is concluded by you accepting the offer for the goods contained in the shopping cart by clicking the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. CONTRACT LANGUAGE, STORAGE OF CONTRACT TEXT

The language(s) available for concluding the contract: German

We store the contract text and send you the order data and our General Terms and Conditions in text form. You can view the contract text in our customer login.

4. DELIVERY CONDITIONS

In addition to the stated product prices, shipping costs are incurred. You can find out more about the amount of shipping costs in the offers.

You generally have the option of picking up your order at the Pop Up Store Aesthetical Skincare, Schönfelder Straße 10a, 34121 Kassel, Germany during the following business hours: please call, as there are no fixed opening hours.

5. PAYMENT

The following payment methods are generally available to you in our shop:

Prepayment

If you choose the prepayment method, we will provide you with our bank details in a separate email and deliver the goods after payment is received.

Credit card

By submitting your order, you provide your credit card details. After your legitimation as the rightful cardholder, the payment transaction is carried out automatically and your card is debited.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, legitimize yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction is then automatically carried out by PayPal immediately. You will receive further instructions during the ordering process.

Invoice

You pay the invoice amount after receiving the goods and the invoice by bank transfer to our bank account. We reserve the right to offer purchase on account only after a successful credit check.

Cash on pickup

You pay the invoice amount in cash upon pickup.

6. RIGHT OF WITHDRAWAL

You are entitled to the statutory right of withdrawal as described in the cancellation policy.

7. RETENTION OF TITLE

The goods remain our property until full payment.

For entrepreneurs, the following additionally applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been paid in full. You may resell the reserved goods in the ordinary course of business; you hereby assign to us in advance all claims arising from this resale - regardless of any connection or mixing of the reserved goods with a new item - up to the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect the claims ourselves if you fail to meet your payment obligations.

8. TRANSPORT DAMAGE

For consumers: If goods are delivered with obvious transport damage, please report such defects to the deliverer immediately and contact us without delay. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or transport insurance.

For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarder, the carrier or the person or institution otherwise designated to carry out the shipment. Among merchants, the duty to inspect and give notice of defects regulated in § 377 HGB applies. If you fail to give the notice regulated therein, the goods shall be deemed approved, unless the defect was not recognizable during the inspection. This does not apply if we have fraudulently concealed a defect.

9. WARRANTY AND GUARANTEES

Unless expressly agreed otherwise below, the statutory liability for defects applies.

When consumers purchase used goods, the following applies: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year from delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The sale of used goods is made with the exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

Against entrepreneurs, only our own statements and the manufacturer's product descriptions that were included in the contract are considered an agreement on the quality of the goods; we assume no liability for public statements by the manufacturer or other advertising statements.

If the delivered item is defective, we shall, at our discretion, first provide a warranty to entrepreneurs by remedying the defect (rectification) or by delivering a defect-free item (replacement delivery).

The above limitations and reductions of deadlines do not apply to claims due to damages caused by us, our legal representatives or vicarious agents

  • in case of injury to life, body or health

  • in case of intentional or grossly negligent breach of duty as well as malice

  • in case of breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies (cardinal obligations)

  • within the scope of a guarantee promise, if agreed, or

  • insofar as the scope of the Product Liability Act is applicable.

Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions about various products or orders by e-mail at info.finelinejewelry@gmail.com

10. LIABILITY

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation

  • in case of injury to life, body or health

  • in case of intentional or grossly negligent breach of duty

  • in case of guarantee promises, if agreed, or

  • insofar as the scope of the Product Liability Act is applicable.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner regularly relies (cardinal obligations), due to slight negligence on our part, our legal representatives or vicarious agents, liability is limited in amount 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.

11. DISPUTE RESOLUTION

The European Commission provides a platform for online dispute resolution (OS), which you can find here [https://ec.europa.eu/consumers/odr/]. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

12. FINAL PROVISIONS

If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

13. LIABILITY FOR CONTENT

The content of our pages has been created with the greatest care. However, we cannot guarantee the accuracy, completeness, and timeliness of the content. As a service provider, we are responsible for our own content on these pages according to general laws, pursuant to § 7 Abs. 1 TMG. However, according to §§ 8 to 10 TMG, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information according to general laws remain unaffected by this. Liability in this regard is only possible from the time we become aware of a specific legal infringement. Upon becoming aware of such infringements, we will remove this content immediately.

14. COPYRIGHT

The content and works created by the site operators on these pages are subject to German copyright law. The reproduction, processing, distribution, and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are observed. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, we ask you to inform us accordingly. Upon becoming aware of legal infringements, we will remove such content immediately.