Terms and Conditions

General terms and conditions of Niwa Schmuck & Accessoieres GmbH

§1 Application to entrepreneurs and conceptual definitions

(1) The following general business conditions apply to all deliveries between us and a consumer in their version valid at the time of order.

Consumer is every natural person who concludes a legal transaction for purposes who are mostly not attributed to their commercial nor their independent professional activity (§ 13 BGB).

§2 Case of a contract, storage of the contract text

(1) The following regulations on the conclusion of the contract apply to orders via our internet shop http://www.niwa-shop.de.

(2) In the event of the conclusion of the contract, the contract comes with


Niwa Schmuck & Accessoieres GmbH
Daraphan & Sebastian Gerasch
Margravemamm 33
D-10245 Berlin
Registers number HRB 208835 B
Register Court Berlin-Charlottenburg

conditions.

(3) The presentation of the goods in our internet shop does not represent a legally binding contract offer on our part, but are only a non -binding request to the consumer. By ordering the desired goods, the consumer makes a binding offer to conclude a purchase contract.

The offer is accepted in writing or in text form or by sending the ordered goods within one week. After the period of fruit, the offer is deemed to be rejected.

(4) When entering an order in our internet shop, the following regulations apply: The consumer submits a binding contract offer by successfully going through the ordering procedure provided for in our internet shop.

The order takes place in the following steps:

1) Selection of the desired goods
2) Confirm by clicking the "Order" buttons
3) Check the information in the shopping cart
4) Activity of the button "Zur Kasser"
5) Registration in the internet shop after registration and entering the registration information (email address and password).
6) Recruiting or correction of the respective data entered.
7) Sending the order by clicking the "Order" or "Buy" or "Buy" button

The consumer can get back to the website, on which the customer's information is recorded and correct input errors, can return to the website in the "Back" button used in the Internet browser used by the order of the order. Close the internet browser cancel the ordering process. We confirm the receipt of the order directly by an automatically generated email (receipt confirmation). This is not yet accepted by the offer. The offer is accepted in writing, in text form or by sending the ordered goods within a week.

(5) Storage of the contract text for orders via our internet shop: We will send you the order data and our terms and conditions by email. You can also view the terms and conditions at any time at https://niwa-shop.myshopify.com/admines/79613493327/Editor#/Policies/terms-of-service. For security reasons, your order data is no longer accessible via the Internet.

§3 prices, shipping costs, payment, due date

(1) The prices given contain the statutory sales tax and other price components. There are also any shipping costs.

(2) The consumer has the option of paying by direct debit, PayPal, credit card (Visa, Mastercard).

§4 Individual designs and pre -orders

(1) The consumer provide us with the suitable information or texts required for the individual design of the goods before the contract is concluded.

(2) The consumer undertakes not to transmit any data, the content of which violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violate existing laws. The consumer expressly releases us from all claims claimed in this context. This also applies to the costs of the legal representation required in this context.

(3) Niwa does not examine the transmitted data for accuracy and assume no liability for errors.

(4) The revocation and exchange of individual goods are excluded.

(5) The consumer has the option of putting certain items in the shopping cart as pre -order and paying them. These articles are made specially for the consumer and are therefore excluded from the revocation and exchange.

§5 gemstone articles

(1) At NIWA we only use authentic gemstones that come from sustainable sources. Due to the natural origin of the stones, the colors and patterns vary from piece to piece because we do without chemical treatments. These variations give your jewelry a unique note. It is important to note that real gemstones have a medium to high density and can break when handling. We therefore recommend treating our articles with caution.

§6 delivery

(1) Unless we have given this differently in the product description, all items we offer are ready for dispatch. Delivery takes place here in the latest within 10 working days. The deadline for the delivery in the event of payment in advance begins to run on the bank commissioned with the transfer and for all other payment methods on the day after the contract is concluded. If the deadline falls on a Saturday, Sunday or statutory holiday at the delivery location, the deadline ends on the next working day.

(2) The risk of random doom and the random deterioration of the sold item also only passes to the buyer to the buyer when buying the shipment.

§7 Reference to retention of title

We reserve ownership of the goods until the purchase price is paid in full.

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§8 Right of withdrawal of the customer as a consumer:

Right of Withdrawal

Consumers are entitled to a right of withdrawal in accordance with the following provision, whereby consumers is every natural person who concludes a legal transaction for purposes, which can mostly be attributed to their commercial nor their independent professional activity:

Right of withdrawal


Right of withdrawal

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 named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you have to

Niwa Schmuck & Accessoires GmbH
Daraphan & Sebastian Gerasch
Margravemamm 33
D-10245 Berlin
Email mail@niwa-jewellery.de

Using a clear explanation (e.g. a letter sent by post, fax or email), information about your decision to cancel this contract. You can use the attached sample cancellation form for this, but this is not prescribed.

Revocation consequences

If you cancel this contract, we have all payments that we received from you, including the delivery costs (with the exception of the additional costs, which result from the fact that you choose a different type of delivery than the cheapest standard delivery offered by us have to repay), immediately and at the latest within fourteen days from the day, on which the notification of your revocation of this contract was received. For this repayment we use the same means of payment that you used in the original transaction, unless something else has been expressly agreed with you; Under no circumstances will you be charged for fees for this repayment.

We can refuse the repayment until we Complete goods (including certificates) have returned or until you have proven that you have returned the goods, depending on which the earlier time is.

You have the Complete goods (including certificates) Immediately and in any case at the latest within fourteen days from the day on which you inform us about the revocation of this contract, to send or hand over to us. The deadline is preserved if you send the goods before the deadline of fourteen days.

They bear the immediate costs of returning the goods.

Individually manufactured products and pre -orders are excluded from the revocation.

End of revocation

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§9 cancellation form

Sample cancellation form

(If you want to revoke the contract, please fill out this form and send it back.)

At :
Niwa Schmuck & Accessoires GmbH
Daraphan & Sebastian Gerasch
Margravemamm 33
D-10245 Berlin
Email mail@niwa-jewellery.de

Hereby revoked (s) I/we (*) the contract concluded by me/us (*) to buy the following goods (*)/the provision of the following service (*)

_____________________________________________________

Reason for return (for improvement purposes)

_____________________________________________________

Ordered on (*)/received on (*)

__________________

Name of the consumer (s)

_____________________________________________________

Address of the consumer (s)


_____________________________________________________

Signature of the consumer (s) (only when notifying paper)

__________________

Date

__________________

(*) Poors incorrect.

§10 Warranty

The legal warranty regulations apply.

§11 contract language

As contract language german will be available exclusively.

Stand of the terms and conditions of Dec.2019