General Terms and Conditions (GTC)

Last updated: 23.07.2020


for the online boutique at www.meisterschmuck.at

You can contact our Customer Service at:

 

Meister GmbH
Kasernenstraße 85
78315 Radolfzell
Germany

 

Hotline for online boutique: +49 (0) 7732 806 0
available Mon - Fri (8:00 – 12:00 / 13:00 - 17:30)
Email: webshop@meisterschmuck.de



  1. Scope of application of the GTC and Contracting Parties
    1. Contracts concluded via the online boutique at www.meisterschmuck.at (hereinafter: the ‘Online Boutique’) are governed exclusively by these General Terms and Conditions (hereinafter: ‘GTC’).
    2. Contracts can be concluded in the following languages: German, English and French.
    3. Your Contracting Party for all contracts concluded via the Online Boutique is exclusively Meister GmbH, Kasernenstraße 85, 78315 Radolfzell, Germany (hereinafter: ‘MEISTER’).
    4. The Online Boutique is aimed only at adults with the legal capacity and competence to place orders. Orders by minors cannot be accepted. By placing an order via the Online Boutique, you confirm that you agree to these GTC and that you are an adult with the legal capacity and competence to do so.
    5. We will store the text of the contract and send you the details of your order and our GTC via email. For security reasons, the contract text is no longer accessible via the website.
  2. Prices and shipping costs
    1. The prices and other terms and conditions stated on the website at the time the order is placed apply.
    2. The prices indicated are final prices and already include statutory VAT.
    3. No shipping costs will be charged for pick-up at your MEISTER Premium Partner (Austria) or for delivery to your home (delivery address in Austria).
    4. Prices may not be offset with counterclaims which have not been acknowledged or determined in a final and binding judgment or with counterclaims that are not reciprocal to our principal claim.
  3. Invoicing and payment terms
    1. Payment can be made by credit card.
    2. When paying by credit card, your credit card will be debited immediately after the order has been completed.
    3. You consent to the transmission of all invoices by email.
  4. Conclusion of a contract
    1. The description of the products in our Online Boutique is binding, which you accept by placing an order. Hence, a binding contract is concluded upon receipt of your order.
    2. To purchase an item, please save the product configuration you desire by clicking on the ‘SAVE CONFIGURATION’ button next to the product photo. This will save the selected configuration in your list of favourites, which you can view by clicking on the corresponding button. You can move items from your favourites list to your shopping cart by clicking on ‘PLACE IN SHOPPING CART’. In the next steps, please enter your personal details and the shipping and payment method.
    3. An overview of the items you have ordered, your personal details and the selected payment and shipping method will be displayed prior to the completion of the order process. By clicking on ‘ORDER NOW’, you are placing a binding order for the goods in your shopping cart. The order will be confirmed immediately after the items are dispatched.
    4. Please note that the items you have ordered will be individually fabricated only after payment has been made in full, including any shipping costs, pursuant to paragraph 3 above.
  5. Right of withdrawal

    Withdrawal policy

    Consumers have a 14-day right of withdrawal.

    Right of withdrawal

    You have the right to withdraw from this contract within 14 days without stating any reasons. The withdrawal period is 14 days from the day on which you or any third party appointed by you, who is not the courier, has taken possession of the goods.

    To exercise your right of withdrawal, you must inform us (Meister GmbH, Kasernenstraße 85, 78315 Radolfzell, Germany, webshop@meisterschmuck.de, telephone: +49 (0) 7732 806 0) by means of an unequivocal notice (e.g. a letter transmitted by post or email) of your intention to withdraw from this contract. You may use the notice of standard withdrawal form attached hereto, but this is not mandatory.

    Timely submission of the notice of withdrawal before the end of the withdrawal period is sufficient for observing the withdrawal deadline.

    Consequences of withdrawal

    If you withdraw from this contract, we will promptly refund all payments that we have received from you, including delivery costs (with the exception of any additional costs incurred by your optional choice of another mode of delivery other than the least expensive standard delivery offered by us), at the latest 14 days from the date on which we receive your notice of withdrawal from this agreement. We will process the refund using the same payment method that you used for the original transaction, unless expressly agreed with you otherwise; we will not charge a fee for this refund under any circumstances. We may withhold the refund until the goods have been returned to us or until you have provided evidence that you have shipped the goods, whichever is the earlier.

    You shall return or deliver the goods to us promptly and in any event no later than 14 days after the date on which you inform us that you are withdrawing from this agreement. This deadline is deemed to have been respected if you return the goods before the expiry of the 14-day period. You shall be responsible for the return shipping costs. You shall be liable only for any diminished value of the products if this loss of value results from your handling of the goods in a manner not necessary for testing the condition, characteristics and functioning of the goods.

    There is no right of withdrawal for the following types of contracts:

    • contracts for the supply of goods that have not been prefabricated and for the fabrication of which an individual selection or identification by the consumer is essential or that have been clearly tailored to the personal needs of the consumer.

    Standard withdrawal form

    (If you would like to withdraw from the contract, please fill out this form and return it to us.)

    – To Meister GmbH, Kasernenstraße 85, 78315 Radolfzell, Germany, webshop@meisterschmuck.de

    – I/we (*) herewith withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

    – Ordered on (*)/received on (*)

    – Name of the consumer(s)

    – Address of the consumer(s)

    – Signature of the consumer(s) (only for communications on paper)

    – Date

    (*) Delete as appropriate.

  6. Right of cancellation
    1. In addition to the statutory right of withdrawal (paragraph 5 above), MEISTER voluntarily grants you the right to cancel your order within eight days after its transmission to us without stating reasons.

      To exercise your right of cancellation, you must inform

      Meister GmbH
      Kasernenstraße 85
      78315 Radolfzell (Germany)
      Email: webshop@meisterschmuck.de


      by means of a written declaration of your decision to cancel the order. If you make use of this option, we will promptly confirm that we have received your notice of cancellation. To comply with the cancellation deadline, we must receive your notice of cancellation within the eight-day cancellation deadline.

      Your notice of cancellation must include the following information:
      • an unequivocal statement to the effect of ‘I herewith cancel the following order’
      • order of (date of order – see order confirmation)
      • order number (see order confirmation)
      • if appropriate, a description of the goods if you do not wish to cancel the entire order
      • your full name (first name and surname)
      • your full address (street, post code, city)
    2. After receiving a notice of cancellation consistent with the requirements in paragraph 6.1, we will refund the price already paid, including delivery costs, within fourteen days after the date on which we received the notice of cancellation.
    3. In the case of payment by credit card, the refund will be made to the original credit card. All bank charges or credit card fees shall be borne by you.
  7. Delivery and transfer of risk
    1. Delivery is made only to delivery addresses in Austria.
    2. The delivery period of the goods individually fabricated for you in our factory will be about 14 days from the date the order was received.
    3. Your items will be delivered to you through the MEISTER Premium Partner (Austria) selected by you during the order process, who may rely in turn on a suitable courier or equivalent service provider (e.g. Österreichische Post [Austrian postal service]) for delivery.
    4. When placing your order, you can alternatively opt to collect the items yourself from the MEISTER premium partner (Austria). It is not possible to change this choice at a later stage.
    5. The transport risk is borne by MEISTER. Hence, the risk of accidental loss or accidental deterioration of the goods passes to you at the latest only when the goods are handed over to you.
  8. Retention of title

    The goods remain our property until they have been paid for in full.

  9. Warranty

    The statutory warranty provisions apply.

  10. Liability

    For claims based on damage that has been caused by us, our legal representatives or persons used by us to perform our obligations, we are at all times liable without limitation

    • for injuries to life, body, or health
    • for any intentional or grossly negligent breach of duty
    • for guarantee promises, if so agreed, or
    • if the matter falls within the scope of the German Product Liability Act.

    In the case of a breach of essential contract obligations - in the sense that they must be satisfied in the first place to properly perform the contract and which the other contracting party may typically expect to be complied with (‘cardinal’ obligations) - through slight negligence on our part, on the part of our legal representatives or persons used by us to perform our obligations, our liability is limited in its amount to the foreseeable damage that must typically be expected to occur.

    No other claims for compensation are valid.

  11. Applicable law and place of jurisdiction
    1. All contracts concluded by you and MEISTER, including these GTC, are governed by the laws of the Republic of Austria. The UN Convention on Contracts for the International Sale of Goods shall not apply. Peremptory applicable laws to the contrary remain expressly reserved.
    2. The exclusive place of jurisdiction for all disputes arising from or in connection with the contracts concluded via the Online Boutique between you and MEISTER, including these GTC, is 1010 Vienna. MEISTER is, however, also entitled to file a lawsuit in the jurisdiction of your place of residence. Peremptory applicable laws to the contrary remain expressly reserved. In addition, peremptory legal provisions of the law of the state of your habitual residence shall apply when you conclude a purchase agreement as a customer with us, which is outside your trade business or profession (consumer contract).
  12. Data protection

    We comply with the statutory provisions in the processing of your personal data. Our privacy policy can be viewed at https://www.meisterschmuck.at/shop/en/privacy-policy/.

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