General Terms and Conditions of LM Studio GmbH
The following General Terms and Conditions contain both the statutory information on your rights in accordance with the provisions regarding contracts for distance selling and in electronic legal relations.
1. AREA OF VALIDITY
(1) The following General Terms and Conditions (“GT&C”) apply exclusively to all orders for goods by customers (hereinafter referred to as “Customer”) on the online shop operated by
LM Studio GmbH
Register court: District Court of Charlottenburg: HRB 157222 B
Tel. +49 (0) 30 2392 8342
(hereinafter referred to as “We”) at www.lmstudio-jewellery.com in the version valid at the time of the order.
(2) Different General Terms and Conditions of the Customer are not recognised by us, unless we expressly agree to their validity in writing.
(3) A consumer within the meaning of the provisions below is every individual person, who concludes a legal transaction for purposes which can chiefly be assigned neither to their commercial nor independent occupational activity. An entrepreneur is every independent person or legal entity or a business partnership with legal capacity, which acts by exercising its independent or commercial activity when concluding a legal transaction.
(4) The prices at the time the order is placed are valid. The main features of the goods offered in the online shop can be found in the item description and the supplementary details on our website. Our special offers in the online shop may be limited in terms of time or quantity. Details can be found in the product or offer description.
2. CUSTOM-MADE PRODUCTS
(1) In addition to the purchase of goods from our standard range, there is also the option via our online shop to purchase custom-made goods at the request of the Customer (e.g. individual stone settings, production with individual materials (e.g. platinum)) or individually reworked items of jewellery (e.g. the addition of another initial, extensions) or personalised items of jewellery (e.g. with engravings, embossing).
(2) We do not undertake any review of any texts sent in connection with the personalisation of jewellery. Our liability for errors in such texts is ruled out.
(3) The right to exchange and / or cancel custom-made and / or personalised items of jewellery produced in accordance with Section 2 (1) is ruled out. Reference is made expressly to the other provisions in the information on cancellation in accordance with Section 9 (2) of this contract as well as to material defects and defects of title in accordance with Section 11 (2).
3. CONCLUSION OF THE CONTRACT
(1) The presentation of our items of jewellery in our online shop does not yet represent a binding offer. Only an order for the goods in accordance with Section 3 (2) to (4) of these GT&C by the Customer is a binding offer in accordance with § 145 German Civil Code (BGB).
(2) The Customer can select items of jewellery from the range of goods in our online shop and place them in a so-called basket without any obligation via the “add to basket” button. The goods in the basket can be viewed at any time by clicking on the “basket” menu item in the navigation bar.
(3) If the Customer wishes to order the items in the basket, this will take place by clicking the “Proceed to checkout” button. The Customer is first requested within the subsequent ordering process to enter his contact and delivery details and also to select a form of payment. He will then see an overview of the goods purchased, all the main contractual details as well as the selected means of payment on the following order overview. Before sending the order, the Customer can delete, amend or correct the details provided on the order form as well as the basket by using the spell check function at any time. He can also discontinue the order process completely by closing the browser window.
(4) The Customer makes a binding commitment to purchase the goods in the basket via the “Commit to pay” button in the order overview.
(5) We will send the Customer automatic confirmation of receipt by e-mail, which confirms our receipt of the order and again states the details of the order. This confirmation of receipt can be printed out via the “Print” function. The automatic confirmation of receipt merely documents that the Customer’s order has been received by us and does not yet represent acceptance of the application.
(6) The contract between us and the Customer comes about only with the submission of the declaration of acceptance, which we will send in a separate e-mail (order confirmation). The contract text (consisting of the order, GT&C and order confirmation) will be sent to the Customer by us in this e-mail or in a separate e-mail, however no later than with delivery of the goods on a permanent data carrier (e-mail or printout on paper) (contract confirmation). The contract text will be saved in compliance with data protection.
(7) The time of the contract acceptance will take place under the methods of payment we currently offer within two days or through delivery of the goods.
(8) The contract will be concluded in German. Translations of these GT&C in other languages are merely to improve customer understanding. In the event of any differences between the language versions, the German text alone is decisive.
4. DELIVERY, AVAILABILITY
(1) The delivery schedules stated by us are calculated from the time of our order confirmation, provided that prior payment of the correct purchase price has been made (reservation is not applicable in the event of a purchase on account). Insofar as no delivery date or no different delivery date is stated for the relevant item in our online shop, the delivery time is six (6) weeks for items of jewellery ordered via the online shop.
(2) If the item ordered is not available at the time the Customer places his order, we will notify the Customer of this immediately in the order confirmation. If an item cannot be delivered on a long-term basis, then we will notify the Customer of this and will refrain from sending an order confirmation for this item. A purchase agreement for this item will not come about.
(3) If an item ordered by the Customer is merely temporarily unavailable, then we will also notify this immediately in the order confirmation.
(4) We deliver to Customers with their habitual place of resident and delivery address in the delivery areas stated on our website.
5. RESERVATION OF TITLE
The delivered goods shall remain in our ownership until full payment has been made.
6. PRICES, SHIPMENT COSTS
(1) All the prices in our online shop include the relevant applicable statutory value added tax.
(2) Delivery and shipment costs will be charged separately and shown as part of the order. The purchase price as well as any shipment costs will fall due immediately with the order by the Customer.
(3) The purchase price as well as any shipment costs can be paid by the Customer via the means of payment stated in the order process of the online shop - prepay, credit card, payment by transfer, payment on account.
(4) The goods will be shipped by post. We will bear the shipment risk, insofar as the Customer is a consumer.
(5) In the event of cancellation (Section 9), the Customer shall bear the direct costs of the return shipment.
7. GIFT CARDS
(1) We offer gift cards in our online shop. They can be used solely for the purchase of goods from our online shop. If the credit on a gift card is not sufficient for the order, the difference can be settled via the payment methods offered.
(2) Gift cards and credits can be redeemed only before the conclusion of the order process. The credit on a gift card will neither be paid out in cash nor earn interest. In order to redeem gift cards on a customer account, the gift card code stated on the gift card must be entered in the relevant field in the order process.
8. MEANS OF PAYMENT
(1) We offer our customers in the online shop the following means of payment: credit card, PayPal, immediate payment with Klarna, payment on account with Klarna. We retain the right to not offer certain types of payment and refer to other types of payment for every order by a Customer. Any costs incurred for a monetary transaction shall be borne by the Customer.
(2) In the event of a purchase by credit card, PayPal, immediate payment with Klarna, the Customer’s payment account will be debited immediately. In the event of a purchase on account with Klarna, the Customer will be informed about the due date of the purchase price in accordance with the selected payment method during the entry of the payment data. In this case, the Customer has no claim for the granting of a payment date after the agreed delivery date.
(3) The Customer declares that he is in agreement that he receives invoices as well as credit notes exclusively in an electronic form.
9. RIGHT OF CANCELLATION FOR CONSUMERS
(1) In principle, consumers have a statutory right to cancel when concluding remote purchases about which we would like to inform our customers below in accordance with the statutory model. Exceptions to the right to cancel are stipulated in Section 9 (2). Entrepreneurs do not have a right to cancel.
Information on the right to cancel
Right to cancel
You have the right to cancel this contract within fourteen days without stating any reasons.
The period for cancellation totals fourteen days as of the day on which you or a third party named by you, who is not a freight forwarder, has acquired possession of the goods.
In order to exercise your right of cancellation, you must notify us, LM Studio GmbH, Kantstraße 51, 10625 Berlin, Tel. +49 (0) 30 2392 8342, e-mail email@example.com by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to cancel this contract. You can use the enclosed sample cancellation form for this; however, this is not prescribed.
It is sufficient that you send the notification about exercising the right to cancel before the end of the cancellation period in order to comply with the period of cancellation.
Consequences of cancellation
If you cancel this contract, we must repay to you all the payments, which we have received from you, including the delivery costs (with the exception of the additional costs, which result from the fact that you have selected a different type of delivery than the affordable standard delivery offered by us), immediately and no later than within fourteen days as of the day on which the notification about your cancellation of this contract was received by us. We will use the same means of payment for this repayment, which you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged anything owing to this repayment.
We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, depending on which is the earlier point in time.
You must send or hand the goods back to us immediately and in any case no later than within fourteen days as of the day on which you inform us about the cancellation of this contract. The period is complied with if you dispatch the goods before the end of the period of fourteen days.
We will bear the direct costs of returning the goods.
You are responsible for any loss in value of the goods only if this loss in value is based on any unnecessary handling by you after a check of the quality, properties and mode of operation of the goods has been undertaken.
End of the information on cancellation
(2) The right to cancel does not exist for the delivery of goods, which are not pre-manufactured and for whose production an individual selection or determination by the consumer is decisive or which are clearly custom-made for the personal requirements of the consumer.
(3) If the customer wishes to cancel the contract, he can declare his cancellation to us in an e-mail to firstname.lastname@example.org.
(1) Claims of the Customer for compensation are ruled out. An exception to this are claims for compensation of the Customer arising from an injury to life, limb, health or from a breach of major contractual obligations (material contractual obligations) as well as liability for other losses, which are based on an intentional or grossly negligent breach of an obligation by us, our statutory representatives or vicarious agents. Major contractual obligations are those whose satisfaction is necessary to achieve the objective of the contract.
(2) In the event of a breach of major contractual obligations, we are liable only for the typical, foreseeable contractual losses if the breach was simply caused negligently, unless there are claims for compensation by the Customer arising from an injury to life, limb or health.
(3) The restrictions of Section 10 (1) and (2) also apply for the benefit of our statutory representatives and vicarious agents if claims are asserted directly against the latter.
(4) The restrictions of liability arising from Section 10 (1) and (2) do not apply insofar as we maliciously conceal a defect or have assumed a guarantee for the quality of the item. This also applies insofar as we and the Customer have reached an agreement about the quality of the item. The provisions of the Product Liability Act remain unaffected.
11. GOODS PRESENTATION, MATERIAL DEFECTS AND DEFECTS OF TITLE, GUARANTEES
(1) Depictions of goods in advertising, brochures and in the online shop are merely for the purpose of illustration and are not binding. We reserve the right to change the goods listed in the online shop at any time and without any advance notice and to limit the numbers of goods which can be purchased by a Customer.
(2) We are liable for material defects in accordance with the statutory provisions applicable to the latter, in particular §§ 434 et seq. BGB. However, a claim by the Customer owing to defects is ruled out insofar as the item of jewellery was adjusted by us (e.g. made smaller / larger) at the request of the Customer after purchase and / or insofar as the Customer himself has changed the items of jewellery or arranged for a third party to do so, unless the Customer provides evidence that the material defect already existed at the time the item was handed over.
(3) There is an additional guarantee for goods we have delivered only if this was stipulated expressly in the order confirmation regarding the relevant item.
(4) As a consumer, you are requested to check our goods immediately on delivery for completeness, obvious defects and transport damage and to notify us of any negative deviations immediately. However, if you fail to do so, this will have no negative effects on your claims for compensation.
12. DATA PROTECTION
Personal data on our customers will be collected, processed or used only insofar as the Customer has given consent or the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), the German Broadcast Media Act (TMG) or a different legal provision orders or permits this. As for the rest, our data protection declaration applies.
13. OTHER PROVISIONS
(1) The European Commission provides a platform for online settlement of disputes, which you can find at this Link to the platform of the European Commission. We are not obliged and are not prepared to participate in a dispute settlement procedure before a consumer arbitration board.
(2) The purchase of the items available in our online shop is possible for people who are at least 18 years old.
(3) You can view these GT&C at any time on www.lmstudio-jewellery.com. In addition, you can print out or save these GT&C by using the function of your browser envisaged for this. You can also download and archive this document in a PDF format. You need the Adobe Reader program which is free of charge (at www.adobe.de) or comparable programs which can open a PDF format in order to open the PDF file.
(4) You can also additionally simply archive the GT&C and the data regarding your order, by either downloading the GT&C and saving the summarised data on the last page of the order procedure in the internet shop by using the functions of your browser or you can wait for the automatic order confirmation, which we will send to you by e-mail after the completion of your order to the e-mail address you have provided. This order confirmation e-mail again contains the data regarding your order and our GT&C and is easy to print out or save with your e-mail program.
14. FINAL PROVISIONS
(1) The law of the Federal Republic of Germany applies to contracts between us and the Customer excluding the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions in particular of the State in which the Customer as a consumer has his habitual place of residence remain unaffected.
(2) The contract remains binding in the remaining parts even in the event of the legal invalidity of individual points. The statutory provisions shall apply instead of the ineffective points, insofar as they exist. Insofar as this would represent unreasonable hardship for one of the contractual parties, the whole contract will be ineffective.