Terms of contract in the context of purchase contracts which are concluded via the platform
CreatsUniques, owner Heike Hutmacher
Represented by Heike Hutmacher – hereinafter „supplier“ –
the customer designated in § 2 of the contract – hereinafter referred to as „customer“ – can be closed.
§ 1 Scope, definitions
(1) For the business relationship between the webshop provider (hereinafter „Provider“) and the customer (hereinafter „Customer“), the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Deviating general terms and conditions of the customer will not be accepted unless the provider expressly agrees to their validity in writing.
(2) The customer is a consumer, as far as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The customer can select from the assortment of the supplier products, in particular already manufactured jewellery. He submits a binding application for the purchase of the goods by clicking on the button „Order subject to payment“. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these terms and conditions by clicking on the „Accept General Terms and Conditions“ button and has thus included them in his application.
(2) The provider then sends the customer a confirmation of receipt by e-mail in which the customer’s order is listed again and which the customer can print out using the „Print“ function. The acknowledgement of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the request. The contract is only concluded upon the declaration of acceptance by the provider, which is sent by a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of order, general terms and conditions and order confirmation) will be sent to the customer by us on a permanent data medium (e-mail or paper printout) (contract confirmation). The text of the contract is stored in compliance with data protection laws.
(3) The contract is concluded in German.
§ 3 Delivery, availability of goods
(1)Delivery times stated by us are calculated from the time of receipt of the customer’s order confirmation. The delivery time is specified in the offer of the supplier.“
(2) The following delivery restrictions apply: The supplier only delivers to customers who have their usual place of residence (billing address) in one of the following countries and can enter a delivery address in the same country: Germany.
§ 4 Retention of title
The delivered goods remain the property of the supplier until full payment has been made.
§ 5 Prices and shipping costs
(1) All prices stated on the provider’s website are inclusive of the applicable statutory value added tax.
(2) The corresponding shipping costs are indicated to the customer in the order form and are to be borne by the customer.
(3) The goods are shipped by post. The shipping risk is borne by the provider if the customer is a consumer.
§ 6 Terms of payment
(1) The customer can pay by bank transfer or in cash. Payment is made before dispatch.
(2) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date of payment is determined according to the calendar, the customer is already in default by default of the date. In this case he has to pay the provider default interest for the year in the amount of 5 percentage points above the base interest rate.
(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider.
§ 7 Warranty for material defects, guarantee
(1) The provider is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. The warranty period for items delivered by the supplier is 12 months for entrepreneurs.
(2) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective article.
§ 8 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages of the customer from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages which are based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the provider shall only be liable for foreseeable damage typical for the contract if such damage was caused by ordinary negligence, unless the customer’s claims for damages are based on injury to life, body or health.
(3) The restrictions of paras. 1 and 2 also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply if the supplier maliciously concealed the defect or assumed a guarantee for the quality of the item. The same shall apply if the Supplier and the Customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
9 Cancellation policy
(1) Consumers have a legal right of revocation when concluding a distance selling transaction, about which the provider informs in accordance with the legal model below. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.
right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party you have designated, who is not a carrier, took or has taken possession of the goods.
In order to exercise your right of revocation, you must give us
Phone +49 (0)6071/710477
Mobile +49 (0)173/8308434
by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) about your decision to revoke this contract. You can use the attached model withdrawal form, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from you choosing a different type of delivery than the cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.
You bear the direct costs of returning the goods.26
They shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.
(2) The right of revocation does not apply to contracts where the jewellery has been manufactured in accordance with the customer’s prior instructions within the meaning of Section 312 g (2) No. 1 and where the goods cannot be returned to the condition prior to manufacture with a relatively small proportion without loss of substance and functionality of their components or where the goods become economically worthless after taking them back because they have been individualised by the customer in such a way that the goods can no longer be sold or only with disproportionate difficulties or price reductions.
(3) The provider informs about the sample cancellation form according to the legal regulation as follows:
model withdrawal form
(If you want to cancel the contract, please fill out this form
and send it back.)
To[here is the name, address and, if applicable, the fax number and
e-mail address of the entrepreneur by the entrepreneur]:
I/we (*) hereby revoke the contract concluded by me/us (*)
for the purchase of the following goods (*)/ the provision of the following
Ordered on (*)/received on (*)
Name of the consumer(s)
address of the consumer(s)
Signature of the consumer(s) (only if communicated on paper)
(*) Delete as applicable
10 Final clauses
(1) Contracts between the Supplier and the Customer shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions limiting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer as consumer has his habitual residence, shall remain unaffected.
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3) The remaining parts of the contract remain binding even if individual points are legally ineffective. The ineffective points shall be replaced, if available, by the statutory provisions. However, if this would constitute an unreasonable hardship for a contracting party, the contract shall become invalid in its entirety.
There is no right of revocation in the case of contracts in which the jewellery was produced individually at the customer’s request in accordance with § 312 g Paragraph 2 No. 1 BGB (German Civil Code) after prior instruction and in which the goods cannot be returned to the condition prior to production with a relatively small proportion without loss of substance and functionality of their components or the goods become economically worthless after taking back because they have been individualised by the customer in such a way that the goods can no longer be sold or only with disproportionate difficulties or price reductions.
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at http://ec.europa.eu/odr.