General terms and conditions
1) General, Jurisdiction
The following General Terms and Conditions structure the contractual responsibilities between endless-jewelry-shop.com and the individuals who make use of endless-jewelry-shop.com (in the following referred to as `buyer`). The General Terms and Conditions apply to the usage of the website, endless-jewelry-shop.com and all sub-domains that belong to this domain.
2) Conclusion of contracts
Online offers by endless-jewelry-shop.com are an unbinding invitation for buyers to place an order with endless-jewelry-shop.com. By ordering an item online, the buyer agrees to purchase said item. Endless-jewelry-shop.com is entitled to accept this offer within one day by sending an email to the buyer confirming the order. If no email confirmation is received, the order is voided.
3) Payment, Payment Date, Default of Payment
Payment of goods is effected by prepayment, PayPal or credit card. In particular cases we reserve the right to accept or exclude specific methods of payment. When choosing a payment method, the buyer is obliged to pay the purchase price immediately after conclusion of the transaction. In case of payment with credit card, the credit card will be charged after shipment of the goods. In case of default of payment the buyer is liable for any negligence. The buyer is also liable for coincidence unless the damage would have equally occurred without the delay in payment. The purchase price is subject to interest while payment is delayed. The interest rate is five percentage points per annum above the prime lending rate. Enforcement of further damage caused is not foreclosed.
Delivery is effected by sending the purchased goods to the address stated by the buyer. Delivery time varies by location, but typically will be delivered between 3-5 business days. Should the buyer choose a specific mode of delivery at higher cost, he/she will have to cover the additional charges.
5) Retention of Title
The object of purchase remains property of endless-jewelry-shop.com until completion of payment. Before transfer of property the object of purchase may not become subject to bailment, cession by security, processing or alteration without explicit consent of endless-jewelry-shop.com.
The price stated for a respective item is to be understood as final price excluding taxes where applicable. Residents of Maine are responsible for sales tax. USPS standard delivery is free of charge within the United States.
7) Return Shipment Cost
Endless Jewelry Shop will send return postage via specified email if the buyer chooses to return or exchange their order.
Endless-jewelry-shop.com is entitled to withdraw from the contract or an outstanding part of the shipment or service if wrong information has been provided with regard to the buyer`s credit worthiness or if objective reasons with respect to the illiquidity of the buyer have arisen. Including but not limited to, the disclosure of an insolvency concerning the assets of the buyer or the dismissal of such a proceeding due to the lack of sufficient assets. Prior to a withdrawal, the buyer receives the opportunity to issue an advance payment or provide an adequate security. In case of a partial withdrawal already rendered services are to be accounted and paid for as agreed upon conclusion of contract regardless of any possible damage claims.
Endless-jewelry-shop.com guarantees that the item of purchase is free of defects at the time of transfer. If a defect shows within six months after the item of purchase has been transferred it will be assumed that the item already had the defect at the time of transfer unless this assumption is not compatible with the nature of the item or defect. If the defect is only detected after the expiration of a period of six months the buyer must provide proof that the defect already existed at the time of transfer in the item of purchase. If the item of purchase is defect at the time of transfer, the buyer has the choice whether supplementary item shall be delivered by means of rectification of the defect or replacement delivery. Endless-jewelry-shop.com is entitled to refuse the chosen mean of supplementary performance if associated cost are disproportional and the mean of supplementary performance is without considerable disadvantage to the buyer. Should the supplementary performance fail, the buyer can according to their preferences demand for a reduced purchase price or a cancellation of the contract as well as for compensation. The buyer is not entitled to demand cancellation in case of minor defects. In case endless-jewelry-shop.com delivers a defect-free item of purchase as supplementary performance, endless-jewelry-shop.com is entitled to demand the return of the defect items of purchase from the customer. Buyers claims with regards to defects lapse after two years. Defects that were caused by inappropriate actions contrary to contract during compilation, alignment, handling or storing of the item of purchase do not justify claims against endless-jewelry-shop.com.
10) Liability Limitation
For damages other than those through harm of life, body and health, endless-jewelry-shop.com is only liable if those damages rest upon the deliberate or grossly negligent actions or the culpable violation of essential contractual responsibilities of endless-jewelry-shop.com or one of its vicarious agents. Contractually relevant is an obligation which requires implementation to enable the correct execution of the contract in the first place and which the buyer can rely on to be observed regularly. Compensation liability beyond this extent is excluded. Claims on a guarantee regarding the nature of an item of purchase and the law on product liability given by endless-jewelry-shop.com remain unaffected thereof. Due to the current state of technology it is not possible to guarantee error-free data communication through the internet and/or its availability at all times. Endless-jewelry-shop.com, is, therefore, not liable for the availability of its online shop at all times.
11) Choice of Law
All disputes from this legal relationship are subject to the laws of The United States of America. For consumers this choice of law is only valid insofar that the provided protection is not revoked through the mandatory legislation of the state in which the consumer has his usual place of residence.
12) Severability Clause
In case a by-law of these General Terms and Conditions are or will be invalid or unenforceable, all other by-laws of these General Terms and Conditions will remain unaffected unless the omission of particular by-laws disadvantages one contracting party to the extent that further adherence to the contract becomes unreasonable.
End of the General Terms and Condition