These terms and conditions shall apply on an exclusive basis to all offers, order confirmations, agreements, deliveries and services of COEUR DE LION Schmuckdesign GmbH (hereinafter referred to as COEUR DE LION) in connection with customers of the online store of COEUR DE LION. Any agreements deviating from these terms and conditions shall only be binding if they were concluded in writing. This shall also apply to waiving the written formal requirement when concluding an agreement. .
2. Contractual partner
The purchase agreement shall come into effect with COEUR DE LION Schmuckdesign GmbH, Krefelder Str. 32, 70376 Stuttgart, Germany, registered in the commercial register at the local court of Stuttgart under HRB 15419. If you have any questions or complaints or if you would like to request a refund, you can reach our customer service on weekdays from 9 a.m. to 5 p.m. by phone on +49 (0)711-55 37 55 37 or by email at email@example.com. .
3. Offer and conclusion of the Agreement
3.1 The depictions of the products in the online store do not represent a legally binding offer, but rather an invitation to place an order. Subject to errors. Our products shall only be sold in common household quantities for private use.
3.2 By clicking on the ‘order’ button, you are submitting a binding order for the goods listed on the order page. The purchase agreement shall come into effect if we accept your order by means of an order confirmation by email within two days. If payment is made in advance, the contract shall be accepted without a separate order confirmation being sent.
3.3 You can conclude the sales agreement in either German or English..
4. Cancellation right
4.1 Customers have a 14-day cancellation right. Customers are natural persons (i.e. people, not companies or associations) who order COEUR DE LION products for a purpose not attributable to their commercial or independent professional activities. The following cancellation policy shall apply to these people:
-------------------------------------------------------------------------------------------------------------------------- Cancellation policy
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right to cancel, you must inform us (COEUR DE LION Schmuckdesign GmbH, c/o MAILCOM AG, Lise-Meitner-Str. 4, D-82216 Maisach, phone: +49 (0)711-55 37 55 37, e-mail: firstname.lastname@example.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the attached model cancellation form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. Effects of cancellation
If you cancel this contract, we will reimburse to you all payments received from you , including the costs of delivery (except fort he supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make the reimbursement without undue delay, and not later than –
(a) 14 days after the day we receive back from you any goods supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
(c) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. End of the cancellation policy
-------------------------------------------------------------------------------------------------------------------------- 4.2 Please avoid damage and contamination. If possible, please return the article in its original packaging with all accessories and packaging components. If applicable, please use protective outer packaging. Please ensure the articles are afforded sufficient protection against transport damage with suitable packaging; this will avoid claims for damage caused by defective packaging.
4.3 Please send the articles to us as a postage-paid package and keep the proof of delivery.
4.4 Please print out the returns label and attach it to a visible space on the package, providing your order number on it.
4.5 Please note that the steps described in 4.2 to 4.4 are not criteria for successfully exercising your cancellation right. 4a Duty to pay costs
If you exercise your right to cancel, you will not have to pay for return shipping..
5. Prices and shipping costs
5.1 The prices indicated on the product pages include statutory VAT and other price components, but do not include shipping.
5.2 In addition to the prices indicated, we charge shipping costs for delivery. The shipping costs shall be clearly indicated to you on the product pages, in the basket system and again on the order page. .
6.1 Articles shall only be delivered to defined countries.
Currently we deliver with the shipping company DHL or DPD to the following countries (as of September 2015):
- All member states of the European Union
6.2 The information in the basket on the online store shall apply to the delivery time.
6.3 If not all of the products ordered are in stock, we shall be entitled to carry out partial deliveries at our own expense, insofar as this is reasonable for you.
6.4 If, as a result of your culpability, delivery of the goods should fail in spite of three delivery attempts, we shall be able to withdraw from the Agreement. Any payments rendered shall be immediately reimbursed to you..
7.1 You can choose to render payment either in advance, by credit card or via PayPal.
7.2 When you choose to pay in advance, we will provide our bank details in the order confirmation and shall deliver the goods upon receipt of payment. For payments in advance, the invoice amount is to be transferred to our account within ten days. If payment is made by credit card, your account will be charged when the goods are dispatched..
8. Retention of title
The goods shall remain our property until payment is rendered in full.
9. Limitation of liability
9.1 Regardless of legal grounds, all claims for damages and the reimbursement of costs (hereinafter referred to as ‘Claims for Damages’) of the purchaser against COEUR DE LION shall be excluded, including due to breach of duty in connection with the agreement, culpability upon conclusion of the agreement, other breaches of duty and tort claims.
9.2 However, the limitation of liability under provision 9.1 shall not apply if the basis of a Claim for Damages is intentional or grossly negligent behaviour by us or one of our representatives, employees or other agents, or damage caused culpably by us or one of our representatives, employees or other agents based on injury to life, limb or health, as well as with regard to the mandatory statutory liability, in particular pursuant to the German product liability act (ProfHaftG), and in the event of a breach of our guarantee commitment. Furthermore, it shall not apply if we or one of our representatives, employees or other agents negligently breach a major contractual duty; in the latter case our liability shall be restricted to the amount of typically foreseeable damage. Otherwise, insofar as liability is not excluded under provision 9.2, the statutory provisions shall apply with regard to the limit of liability.
9.3 Insofar as the liability of COEUR DE LION to pay damages is excluded or limited, this shall also apply with regard to the personal liability to pay damages of our representatives, employees and other agents.
9.4 The above provisions do not imply any change to the burden of proof to the detriment of the purchaser and do not exclude any claims expressly granted in these general terms and conditions.
The European Commission has created a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr
. Consumers have the option to contact the general consumer dispute resolution office of the Zentrum für Schlichtung e. V., Strassburger Str. 8, 77694 Kehl, Germany, with their disputes. We are obligated to take part in dispute resolution processes before this authority.