Conditions of Use

Terms and Conditions

The following text is a shortened translation of the German terms and conditions and is provided for your information only. In all cases of doubt or discrepancy, the German language version shall prevail.

1. Scope

These terms and conditions shall be exclusively applicable to the business relation between you, the customer, and Pearls-Onlineshop.com in their valid version at the time of the order. Pearls-Onlineshop.com does not accept varying terms and conditions of the customer. Such terms and conditions shall not become part of any agreement unless they are expressly acknowledged in writing by Pearls-Onlineshop.com.

2. Conclusion of Contract

You can enter into a sales contract per Internet, in writing, telephonically, verbal, or at a sales point. Contracts that are entered into at a sales point are binding.

For remotely concluded contracts the following is applicable:

If you place a remote order with Pearls-Onlineshop.com (e.g. Internet, in writing, telephonically) your order represents an offer to us for the conclusion of a purchase contract. After we've received your order you will get an email that confirms the arrival of your order and lists the details of your order. This email does not represent an acceptance of your offer. We accept your offer and a purchase contract is reached when we send the ordered goods. If your order holds several goods a purchase contract is reached only for the shipped goods.

For Internet orders the following is applicable:

You can choose from our offer as you like and change or empty the content of your shopping cart. If you click the button “Place Order” you make a binding order towards Pearls-Onlineshop.com for the goods and services placed in the shopping cart. At the same time you accept our terms and conditions which you can have a look at before.

Before your order is placed you can check your order to detect and correct input errors. Further you can inspect the shipping costs and if available choose the shipping method. Additionally you can print the page that summarizes your order details before you send it. You will see the receipt of your order on a web page directly after you sent your order. A purchase contract is reached after we accept your order. If you leave the order page before you click on the button “Place Order” no offer/order will be placed.

3. Right of Revocation (Return Guarantee)

We want that you are satisfied with our service and delivery. According to § 312d BGB you have a right of revocation for remote purchases (e.g. Internet, written, verbal). You can recall your declaration for a contract without giving reasons in writing (e.g. letter, fax, email) or by return of the ordered articles within 30 days after receipt of the goods. The 30 days period starts with the receipt of this instruction at the earliest. To keep the term it is sufficient to send off your written revocation or the goods in time.

A right of revocation does not exist for audio or video recordings (e.g. CDs, video cassettes, DVDs) or software, that were unsealed by you. Products made to specifications (e.g. articles with customized engraving) are excluded from the right of revocation as well. Further the right of revocation does not apply to commercial buyers (customers who at the time of the conclusion of the contract act in a commercial or independent professional capacity.) You cannot claim revocation for services that were carried out.

Direct your revocation to the following email or fax address or send a safe packed package sufficiently stamped to our postal address:

Pearls-Onlineshop.com, Dr. Huber & Wagner, Gartenstr. 40, 73326 Deggingen, e-mail: info@pearls-onlineshop.com

Revocation consequences:

In case of an effective revocation mutual received goods and payments have to be returned.
We reserve the right to deduct the lawfully permitted amount in case of loss, use, and/or damage of the products. In all other respects you can avoid indemnification if you don’t take the goods into use like an owner und refrain from doing anything that affect the value of a product.

Under the following conditions also shipping costs for the return are refunded to you in accordance with § 357 BGB:

The return takes place from a German shipping address.

You revoke the sales contract within 30 days after receipt of the goods in writing or by email or by returning the goods.

The value of the returned article is more than 40 EUR.

If the supplied products don’t correspond to the ordered products, or if the merchandise arrived damaged or has defects, Pearls-Onlineshop.com carries the return costs independently of the product value. Please understand that in all other cases shipping expenses have to be paid by you. Thus in particular, if the product value is below 40 EUR, if the product was sent back to us after 30 days or if you didn't revoke the contract within the 30 days period.

Please provide us with your bank account information, so that we can transfer the product value and also the shipping costs if applicable. If you buy on account, we will offset the shipping costs we have to pay against possible outstanding invoice totals. You will be informed about the credit by email.

4. Payment, Fulfillment, Delay

Payments for Internet or remote orders are possible if available by credit card, PayPal, or advanced payment per money transfer to our bank account.

If you pay per advanced payment our bank information will be displayed on our website and send per email to you. The invoice must be paid within 14 calendar days after you have placed your order. Otherwise your order won’t be followed up. We don’t accept checks.

Your order will be processed immediately after receipt. The goods will be shipped as soon as the complete invoice amount shows up on our bank account. If delivery is delayed Pearls-Onlineshop.com will inform you immediately.

With international bank transfers make sure that the transfer is transacted as OUR transfer, i.e. all bank charges (transmitters and receivers) are carried by the transmitter. It is important that you use the IBAN number and the BIC/SWIFT code. Without this information your transaction might be rejected by our bank and higher fees will occur. According to European law transfers within the European Union will be treated like domestic bank transfers. Ask your bank for correct information. Please take also into account that international bank transfers take approx. 2-3 days.

Payment by cash on delivery is only possible in individual cases and only after previous arrangement.

The goods will be shipped from our store to the shipping address provided by you if nothing else is agreed upon. Pearls-Onlineshop.com normally hands over the goods to the delivery company at the latest on the second day after receipt of payment. Statements of delivery times are noncommittal, except if by way of exception the date of delivery was bindingly promised.

If in special cases a sale on account was agreed upon, the invoice amount becomes due with the receipt of the invoice unless otherwise agreed. Sale on Account is only possible for consumers 18 years and older. For the purchase of coupons sale on account is not possible. 

All import taxes and other import duties that might be due have to be paid by you.

5. Reservation of Delivery

We reserve to refrain from the delivery of an ordered item if the ordered item is unavailable. We will inform you immediately per email or phone on such circumstance. In case a purchase price has been already paid it will be refunded immediately.

A delivered item remains the property of Pearls-Onlineshop.com until complete payment of the purchase price independent of the revocation term.

6. Warranty / Responsibility for Defects / Transport Damages

The warranty follows the legal regulations in accordance with the following regulations:

The period of guarantee for goods is 2 years. You are obliged to examine the goods immediately for obvious defects. If obvious defects exist you have to indicate them immediately, however not later than two weeks after receipt of the good, towards Pearls-Onlineshop.com. For this you can contact us either in writing, by fax or by email at info@pearls-onlineshop.com. If you omit that, then you cannot make warranty claims regarding those errors. We don’t grant any further warranties beyond the legal warranty regulations for the supplied goods or services.

Pearls-Onlineshop.com is not responsible for defects, which were caused by you. This also applies to usual sign of wear. Your right of revocation remains unaffected. If the purchased item has a defect you can demand fulfillment (defect removal or replacement). If the fulfillment fails and the defect is not negligible, you can withdraw from the contract, reduce the purchase price or enforce compensation.

As far as nothing else is stated below, other claims by you are excluded - no matter on what legal reasons they are based. Pearls-Onlineshop.com is therefore not responsible for damage, which did not occur at the delivered item; in particular Pearls-Onlineshop.com is not responsible for loss of profit or for other financial damages. As far as liability of Pearls-Onlineshop.com is excluded or limited, it applies also to the personal liability of employees, representatives, and executing assistants of Pearls-Onlineshop.com.

The above limitation of liability does not apply, if the cause of the damage is based on intention or gross negligence or a personal injury is present. In addition it applies not if you make a claim based on §§ 1, 4 product liability law. If Pearls-Onlineshop.com negligently violates a contract-substantial duty, the obligation to indemnify for damages to property is limited to the typically accruing damage.

The period of limitation is twenty-four months after delivery.

An assurance of characteristics for goods or services does not exist. The description of the goods and the services do not represent an assurance of characteristics. Pearls-Onlineshop.com apart from that also does not assure characteristics in the online shop.

Requirements out of positive breach of contract prescribe without prejudice to the above provisions after two years

7. Protection of Privacy

We use information you provide us to fulfill your order, deliver your goods, perform services, handle act of paying (including necessary checks), and make improvements in your shopping experience at Pearls-Onlineshop.com. We also use your information to contact you and inform you about orders, products, services, and offers, update your customer records and to maintain your account at Pearls-Onlineshop.com. We also use your information to improve our online shop and our website, to prevent or discover abuse of our website, or to have our agents and third parties fulfill technical, logistic, and other services.

All personal data is kept confidential as a basic principle. Information about our customers will only be used by Pearls-Onlineshop.com, its agents, employees, or service partners. We guarantee that this data will not be sold or rented to third parties for advertisement or any other purposes.

Information about kind, amount, place, and purpose of the inquiry, processing, and usage of information that is necessary to place an order and to sign up for our email list is located in our privacy policy.

8. Applicable Law

The contract shall be governed exclusively by the laws of the Federal Republic of Germany. Application of the UN uniform law on the international sale of goods is excluded.

If the customer is a merchant, a legal person under public law or a separate fund under public law or if he doesn’t have a general place of jurisdiction in the Federal Republic of Germany the exclusive venue of all claims arising from the contract shall be Munich. In case of linguistic ambiguities related to the translation of the homepage, the terms and conditions, and related documentation or other cases of doubt and interpretation problems the German text version is authoritative.

9. Final Clauses

We reserve the right to change our terms and conditions at any time without giving reasons. Such changes do not apply to orders already transacted.
By placing an order you accept the current terms and orders.

Individual regulations of this contract should not be legally effective in whole or in part or lose their legal effect later all other provisions of this contract shall remain in full force and effect. In this case the parties commit to substitute the non-effective regulation with effective ones. Those substitutions shall, as far as legally possible, come close to the economically interests expressed by the non-effective regulations of this contract. The same applies to the case, that this contract holds an unforeseen loophole.

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