Terms

Status: 03/01/2021

1. Applicability
The general terms and conditions apply to all contracts that a customer (consumer or entrepreneur) closes with Peace Of Schmuck. The general terms and conditions apply to in the respective version at the time of ordering and are being explicitly accepted by the customer with ordering. Deviating general terms and conditions only apply, if these have been agreed to explicitly in written form.

2. Accomplishment of the agreement
(1) Every order represents a binding offer for the completion of the ordered product. By pressing the “place order” button on the checkout page of our webshop you submit a binding offer of the product. By pressing the „Accept terms and conditions“ button you approve to these general terms and conditions exclusively as for the legal relationship with Peace Of Schmuck decisively.

(2) Peace Of Schmuck will confirm your order by mail. This confirmation does not constitute a binding acceptance of the order.

(3) The purchase agreement is coming into agreement only after Peace Of Schmuck has sent you an order confirmation when the purchase amount has been successfully transmitted via Paypal or prepayment. The purchase agreement will be sent to you by email to the email address you have stated during the order procedure.

3. Cancellation Policy
Canellation Right
For every piece of jewellery that is manufactured (and personalized, if desired) individually after an order has been placed, there is no cancellation right. Excepted are all products with the additional information “in stock”. CAUTION: For some products this may not be the case for all variations (e. g. for an additional gold plating that will be made after the order has been placed, in which case it is nun-refundable). For the purchase of products, that are declared as “in stock” and that do not have to be further processed, there can be made a withdrawal, provided that the jewellery is unworn, within 14 days. If accepted, the product(s) has/have to be returned within 14 days in their original packaging. A return label can be requested via mail. For the returning process, a handling fee of 15€ (for EU, including the return label), respectively 45€ (outside EU) will be charged that has to be dectucted from the refund amount.

4. Prices
(1) All prices in the web shop by Peace Of Schmuck are gross prices, currently including 19% German VAT excluding accumulation delivery costs.

You will be informed about any additional shipping costs that are added to the commodity price distinctly before you place your order. Please be aware that additional fees such as customs fees and/or import taxes/fees may become due for orders outside the EU.

5. Payment
The payment is to be made via prepayment, by advance bank transfer, via Paypal, Klarna or credit card (VISA, American Express and Mastercard) and is due with upon conclusion of the contract without deduction. We reserve the right to exclude particular methods of payment. When choosing prepayment as the method of payment we will give you bank detail information in the confirmation of order. The invoice amount is to be transferred to our bank account within 10 days.

6. Unavailability of the product
The conclusion of contract is made with reservations to self-delivery; the reservation applies at the expense of the customer only if Peace Of Schmuck has not been, not fully been or not been supplied in time without fault on its part by its suppliers despite existing hedging. Peace Of Schmuck will inform the customer about the unavailability immediately and will reimburse an already provided condideration of the customer immediately.

7. Delivery & Shipping Charges
(1) Delivery

As delivery times count those times of delivery that have been announced with the offer, these start with the payment receipt. Should separate parts of commodities (like e.g. specific colour shades of gemstones) not be in stock they will be ordered immediately. The customer will be informed promptly and there is a going to be announced a p.r.n. from the given delivery times divergent new delivery time.

Following ways of delivery are possible:
(a) standard parcel delivery with DHL: Every order will be sent as insured shipping with DHL. Thanks to the DHL-shipment tracking you can trace your delivery online conveniently at any time as soon as we have sent your parcel. For that we will send you a mail with a link as soon as your parcel is on its way.
Within Germany: The sum of the shipping fee within Germany is 5.22€ for a value of goods up to 500.00€. For a value of goods from 501.00€ there will be no fee.
Internationally: The sum of the shipping fee outside Germany and within the EU is 11.90€, outside the EU 36.90€ for a value of goods up to 500.00€. For a value of goods from 501.00€ there will be no fee.

(b) Express delivery:
If requested, your order can be processed faster with an extra charge. In this case there is to be sent an enquiry at mail@peaceofschmuck.com and a shortened handling time as well as the accruing additional costs can be discussed individually.

(3) International orders with a merchandise value of more than 1,000.00€ (including delivery costs) need to be declared at the customs before the export. Hence, delays in delivery time can occur, for which Peace Of Schmuck is not liable for. This also applies to the in §5 (2)b listed option of express delivery.

(4) Due to tariff regulations, international orders with a merchandise value of more than 1,000.00€ (including delivery costs) can only be shipped to a natural person, but not to a trading company.

(5) Delivery time
Every piece of jewellery is placed to order with which we will begin directly after your order has been placed. Depending on whether a component possibly is not on hand straight away (e.g. a certain colour shade or size of a gemstone) it will take between 4-6 weeks until your piece of jewellery has been finished and shipped and delivered to you. As delivery times apply the at the product given delivery times which begin with the payment receipt. Should commodities not be in stock when ordering, these will be ordered immediately. The customer will be informed promptly and there is a going to be announced a p.r.n. from the given delivery times divergent new delivery time.

8. Warranty
Since every piece of jewellery is manufactured individually after the order has been placed, it can differ from the product photos at the webshop which are merely an example. This especially applies to colour shades, little inclusions and surface structures. Claim for defects do not exist insofar, since this represents the core of Peace Of Schmuck’s philosophy and therefor there cannot be alleged supplementary performance, withdrawal from the contract or claimed damages. The seller’s warranties, i.e. duties for the delivery of defectice goods, are complied with the regulations of the legal requirements. Warranty claims are debarred for damages caused by natural attrition, improper use and by lack of or inappropriate care. The warranty also expire if the customer has changed the product. Evident deficiencies of the delivered goods, including transport damage, has to be claimed in written form immediately with exact description by the customer. Damages that are annouced within 24 hours by the customer will be remedied by Peace Of Schmuck’s with emendment after and based upon the judgement of Peace Of Schmuck. However, a warranty by Peace Of Schmuck will not be given.

Any complaints that may arise are to be directed to: Peace Of Schmuck, Sitzmann & Sitzmann GbR, Schlankreye 55, 20144 Hamburg, Germany. mail@peaceofschmuck.com.

9. Liability
(1) Peace Of Schmuck is not liable for harms of injury of life, of body or health or any kind of claims that are justified on to the product liability law.

(2) As far as the liability of Peace Of Schmuck is debarred that also applies to the liability of legal representatives, employees and performing agents of Peace Of Schmuck.

(3) Peace Of Schmuck is not liable for the functionality of data networks, servers, or data lines to a datacenter and the constant availability of its webshop.

10. Reservation of title
The delivered goods shall remain Peace Of Schmuck’s property until they have been fully payed.

11. Applicable Law
For all deliveries applies the law of the German Federal Republic to the exclusion of the Convention on Contracts for the International Sale of Goods (CISG).

12. Place of jurisdiction
The head office of Peace Of Schmuck has been agreed to as the place of jurisdiction, provided that the customer is a merchant, a legal entity under public law or the customer does not have a place of general jurisdiction in the German Federal Republic.

13. Data privacy
(1) The personal data of you which you have given voluntarily as part of your ordering process will exclusively be used with respect to the standards of the Federal Data Protection Act (BDSG) and the German Teleservices Act (TMG).

(2) Your personal data are only collected, as long and insofar as you have given them voluntarily while using the webshop of Peace Of Schmuck. Processing and disclosure of of data to third parties are made only as long as it is neccessary for the execution of the contractual relationship between you and Peace Of Schmuck. Hence, the data will be passed on to mail-order establishment that will be employed with the delivery as well as – if neccessary – to the credit institution. A processing and disclosure of your data extending beyond will not take place.

(3) You have the right of free information of your stored personal data at any time as well as possibly a right of correction, blocking and deletion of these data.

(4) Questions concerning the collection, processing or usage of your personal data, concerning information, corrections, blockings or deletion as well as the revocation consent can be addressed to Peace Of Schmuck.

Futher data protection provisions can be found under https://www.peaceofschmuck.com/en/privacy/.

14. Final provisions
Provided, one or more provisions of these general terms and conditions are or become ineffective or unworkable, this does not affect the effectiveness of the other terms and conditions. The ineffective or unworkable purpose is to be replaced by one which economically and legally comes closest to what the parties have been intended with the original regulation. This also applies for possible contractual loopholes.