§ 1 General Information
- These General Terms and Conditions of Business (hereinafter referred to as “GTC”) shall apply to all contractual agreements, deliveries and any other services provided by the pure gold (hereinafter referred to as “Seller”), which is located at Maastrichter Strasse 55, 50672 Cologne, Germany, to third parties (hereinafter referred to as “Customer”).
- Customers, as defined in the GTC, are consumers as well as business persons or entities. As defined in § 13 of the German Civil Code (BGB), a “consumer” is any natural person who concludes a legally-binding business transaction with an intended purpose that can neither be attributed to his commercial activities nor to his self-employed professional or trade activities. As defined in § 14 of the BGB, a “business person or entity” is a natural person, legal entity or a partnership with legal capacity which is exercising his/its commercial activities or his/its self-employed professional or trade activities when concluding a legally-binding business transaction.
- The respective applicable General Terms and Conditions apply at the point in time an order is placed. The Seller shall save the text of the agreement and send the Customer the order information by email. The GTC can be reviewed at any time at thepuregold.de.
- Other agreements and other general terms and conditions shall only apply if the Seller has confirmed this in writing. Individual arrangements shall always be given priority.
- The German and English language is available for the conclusion of contracts. In the event that the interpretation of the GTC or any other contractual documents leads to a discrepancy due to the different language versions, the German version shall prevail.
- Business transactions are subject to the laws in force in the Federal Republic of Germany. However, for consumers, this shall apply only insofar as non-compulsory regulations under the law of the country in which the customer normally resides in are being deprived (principle of advantage). The UN Convention for the International Sale of Goods is explicitly excluded from being applied.
- The place of performance for all services stemming from the existing business dealings with the Customer and the place of jurisdiction is the Seller’s place of business, provided that the customer is not a consumer, but instead is a business person, a legal entity incorporated by public law, or a special agency subject to public law. The same shall apply if the Customer does not have general place of jurisdiction in Germany or in the EU, or if the domicile or ordinary place of residence is not known at the point in time when legal action is filed. The authority to also go to court at another legal place of jurisdiction remains unaffected by this.
§ 2 The Conclusion of Contract
- The product images of the merchandise for sale in the online shop do not represent a legally binding offer, but instead are merely an invitation to place an order. The Customer can order the merchandise by sending the shopping basket in the online shop to the Seller or by placing an order by phone, letter or email. The Customer thereby submits his offer to conclude the sales agreement. Acceptance of the offer (and thereby the conclusion of the sales agreement) is carried out either through a written confirmation (e.g. email), in which the processing of the order or delivery of goods are confirmed, or through the consignment of the merchandise. If and when an order is placed which has a sales value of more than € 3,000.00 euros, acceptance of the offer by the Seller shall only occur after separate consultation with the Customer.
- The processing of the order and transmittal of all of the information relevant to the conclusion of the sales agreement is done by email and is partially automated. For this reason, the Customer must make sure that the email address he has submitted to the Seller is correct and that his receipt of emails is technically guaranteed; it is especially important for the Customer to ensure that he is not being prevented from receiving emails because a SPAM filter.
§ 3 Prices and Shipping Costs
- All of the prices shown for the products are in euros and include German Value Added Tax (VAT).
However, the net prices that are indicated for each product apply to orders outside of the EU. This also applies to orders from within the EU (with the exception of Germany) which are placed by companies with a VAT identification number.
The prices refer to each product being depicted as described and not to the accessories and decorations. The Customer shall receive an invoice with the applicable VAT shown separately. We are not liable for errors and reserve the right for price changes.
- There will be no special fees for shipping costs within Germany. A flat fee of € 9.00 euros shall be charged for shipments within Europe, excluding Switzerland. A flat fee of € 25.00 euros shall be charged for shipments to foreign countries outside of Europe.
- Where applicable, the Customer is responsible for paying the import duty or excise tax for the specific country where the goods are being sent to. The Customer is advised that he should inquire about the specific details at the customs and tax authorities prior to placing the order.
§ 4 Delivery and Conditions of Payment
- Delivery is generally worldwide, but if necessary, some countries may be subject to exclusion. At the time of placing the order, the Customer indicates whether the delivery should be sent to his personal address or another delivery address if it is different. Any information about delivery date/time is non-binding if the Seller hasn’t promised something to the contrary in writing and hasn’t made a binding statement to this effect.
- The Customer will receive the merchandise within 4 to 7 working days after payment has been received if the goods are being sent within Germany. Longer delivery times can occur in individual cases. The Customer will be informed promptly of any delivery delays. Delivery times for international mail can vary significantly and range from one to two weeks after receipt of payment.
- If the products you want to purchase are not in stock, the Seller will make every effort to deliver them as soon as possible. In the event of unavailability, the Seller reserves the right to not deliver. Should this be the case, the Customer will be immediately informed of this and will receive a refund of any payments that have already been made without delay.
- The Customer can pay by credit card or PayPal:
- The customer can pay with the following credit cards: MasterCard, Visa und American Express. If the Customer returns the merchandise, the amount paid will be refunded to the credit card account. Credit card data is transmitted in encrypted form.
- You are not required to provide your bank account information in the online shop when paying by PayPal. Your PayPal account will be debited directly after the order is placed.
- The risk of accidental deterioration of the merchandise’s condition or loss of the merchandise is first transferred to the Customer when the carrier hands over the goods. If the Customer is a business person, the risk of deterioration and accidental loss as well as the risk of delay are already transferred to the person in charge of carrying out the shipment when the merchandise is handed over.
- During legally binding transactions with consumers, the Seller is entitled to issue partial deliveries to a reasonable degree. During legally binding transactions with business persons, the Seller is entitled to issue partial issue deliveries.
§ 5 Reservation of Proprietary Rights and Right of Retention
- The purchased merchandise remains the property of the Seller until all outstanding bills are paid in full. If and when the Customer is a business person or entity and is exercising his/its commercial activity or his/its self-employed professional or trade activity, this shall also apply to all of the outstanding bills from the ongoing business relationship that are associated with the sales agreement. Prior to the property being handed over, pledging, assignment as security, manipulation or modification is not permitted without the written consent of the Seller.
- The Customer can only exercise his right of retention if and when his claims result from the same contractual relationship.
§ 6 Offsetting Claims
- The Customer is entitled to a right to offset claims only when counter claims have been legally determined in a court of law, when they are uncontested, or when have been officially recognised in writing by the Seller.
§ 7 Cancellation policy
Right of cancellation
You have the right to rescind this sales contract within fourteen days without having to give any reasons.
The deadline for cancellation is fourteen days starting from the day on which you or a third party designated by you, who is not the carrier, took possession of the merchandise.
In order to exercise your right of cancellation, you must inform us
- Kaya Wilbrandt
- the pure gold
- Maastrichter Straße 55
- D-50672 Cologne, Germany
- Telephone: +49-(0)221-5104485
by submitting a clear statement (e.g. a letter sent by mail, fax or email) that you have decided to cancel this contract. You can use the accompanying sample form for this purpose, however it is not mandatory.
To comply with the time limit for cancellation, it is sufficient if you notify us of your intention to exercise your right of cancellation before the time limit for cancellation expires.
§ 8 Consequences of cancellation
If you rescind this sales contract, we must refund all payments which we have received, including shipping fees (with the exception of additional costs which were the result of your having chosen another type of shipping method other than the cheapest standard delivery method we normally offer) without delay and at the latest fourteen days from the day we received your notification of cancellation. For this return of payment we will use the same method of payment that you used in the original transaction, unless another method has been agreed upon explicitly with you; under no circumstances will we charge you a fee for this refund. We can refuse to refund your money until we have received the merchandise back from you or until you have furnished us with proof that the merchandise has been sent back insured, depending upon whichever is earlier.
You must send back or hand over the merchandise to us without delay and in any case at the latest within the fourteen days from the day that you informed us of the rescission of this contract. The time limit is met if you send us the merchandise before the end of the time limit of fourteen days. You shall pay the direct costs incurred for returning the merchandise. The costs are estimated to be € 30 max. You must pay only for any loss in value of the merchandise if this loss in value is attributed to handling the goods in a manner that is not necessary for checking their condition, features and functionality.
Our address is:
- Kaya Wilbrandt
- the pure gold
- Maastrichter Straße 55
- D-50672 Cologne, Germany
-End of cancellation policy-
Exclusion of the right of cancellation:
The right of cancellation applies if and when the parties have not agreed to something else, and shall not apply to contracts for the delivery of goods which have not been prefabricated nor to contracts where the customer’s individual selection or instructions are essential for their fabrication or which have been clearly custom-made according to the personal needs of the consumer.
§ 9 Liability for defects of quality and defects of title
- If and when the merchandise shows a defect, the Customer has the legal right to supplementary performance, namely a replacement delivery or a remedy of the defects, -and upon the legal preconditions being met- a legal right to a reduction of the purchase price, and a legal right to withdrawal from the contract, in addition to a right to claim compensation for damages. The Customer is to notify the Seller of defects within the warranty period of two years starting from the point in time when the merchandise is handed over for new products and within one year for used items.
- No liability shall be assumed for damage and defects which result from improper use, handling and storage, negligent or incorrect care and maintenance or which occur because of overuse or improper repairs.
- If the Customer decides to rescind the sales agreement, the goods and services already received are to be returned and compensation is to be made for any benefits of used gained. If the Customer cannot fully return or can only partially return the goods received, or if he can only return them in a worse condition, he must provide the Seller compensation for the lost value of the merchandise. However in doing so, the deterioration which is the result of the merchandise being used correctly shall not be taken into account.
- The statutes in §§ 377 ff. of the German Commercial Code shall be applied to cases where only business persons or entities are involved in the agreement. If the Customer is a business person, the warranty period is one year for new products. The warranty period does not cover used products sold to business entities.
- If the Customer is in default of acceptance or negligently breaches his other duties to co-operate, the Seller is entitled to demand compensation for the damage suffered in this respect, including any possible additional costs incurred. The Seller reserves his right to any further rights and claims. If and when these preconditions exist, the risk of accidental loss or accidental deterioration of the merchandise’s condition is transferred to the Customer at the point in time when he becomes in default of acceptance or in default of timely payment.
- The images of the merchandise can differ from the appearance of the merchandise delivered. The materials and especially the colours are subject to certain colour variations. Furthermore, colour reproduction also depends upon the Customer’s settings for his screen and graphics, as well as the quality of his monitor. In particular, changes in the appearance and in the features of the product can also occur after the manufacturer updates his product-line. There shall be no claims for defects insofar as the changes are reasonable for the customer to bear.
§ 10 Disclaimer of Liability
With regard to the liability of the Seller to pay compensation for damages, the following exclusions of liability and liability limitations apply without prejudice to other legal eligibility requirements:
- The Seller is liable provided that intent and gross negligence are attributable to him. For simple negligence, the Seller only is liable for a breach of a duty, whose fulfilment makes due performance of the contract possible in the first place, and upon the fulfilment of which the other contracting party may reasonably rely on (material contractual obligation). Moreover in cases of minor negligence, the Seller is not liable for other duties other than the aforementioned duties.
- The aforementioned liability exclusions and limitations shall not apply to damage which is to be compensated for according to the German Product Liability Act, nor shall they apply to cases where there is loss of life, bodily harm or damage to health. They shall also not apply to statutory claims. The aforementioned liability exclusions and limitations shall also apply to the benefit of employees, agents or any other third party who the Seller uses for the performance of the agreement.
§ 11 Transport Damages
If the Customer receives the merchandise with visible damage to the packaging or the contents, he is to immediately lodge a complaint with the carrier and to inform the Seller promptly about this action so that the Seller can exercise any possible rights against the carrier. The Customer’s warranty rights shall not be thereby affected.
§ 12 Changes to the General Terms and Conditions (GTC)
- The Seller reserves the right to make changes to this GTC at any time, which will take effect in the future. The Seller also has the right to subject the use of the online shop http://www.thepuregold.de to other new contractual conditions if and when this appears necessary, provided that it does unduly place the Customer at a disadvantage in a manner that goes against the principles of good faith. As a general rule, notification of changes to the GTC are sent by email or indicated on the Seller’s website.
- Agreement to the changes is deemed granted if the Customer does not contest the change within six weeks after receiving notification of the change or after having sufficient opportunity to obtain the information from the website if the changes were announced to the public there. The Seller is obligated to inform the Customer of his right to object to the changes disclosed in the notification of changes and to inform him of the consequences of failing to make any objections.
§ 13 Data protection
- The Seller attaches great importance to the protection of personal data and information. The Seller complies with the regulations stipulated in the German Federal Data Protection Law (BDSG) and the German Telemedia Act (TMG). Personal data is considered all information concerning a person’s identity, for instance name, address, maiden name, or email address. The Seller collects, processes and uses personal data stemming from this agreement only for the purposes of processing sales agreements and providing customer service. This includes the saving, processing, transmission, blocking and deletion of the data. Passing on data to third parties is not done without the explicit consent of the Customer. An exception to this is only made for the service partners who are required for executing the contractual relationship. In these cases, the guidelines in the BDSG are strictly observed. Passing on data is restricted to meet a minimum standard.
- The Customer explicitly agrees to the collection, processing and use of his information. However, the Customer has the right to revoke his consent at any time for the future. In such a case, all of the data that has been saved will be deleted immediately. For on-going order transactions, this is done immediately after the order transaction has been finalized.
- When the Customer visits the Seller’s online shop, so called cookies are sent to the Customer’s browser and are saved on his hard drive. Some of the cookies used by the Seller will be deleted at the end of the browser session, i.e. when the browser is closed. Other cookies remain on the Customer’s terminal and enable the Seller to recognise the browser again. This serves to make the online shop more user-friendly, effective and safe to use. Cookies do not contain any personal information.
- Plugins from the social network facebook.com are used on the webpage of the online shop; the Facebook social network is operated by Facebook Inc., 1610 S. California Ave, Palo Alto, CA 94304, USA. When the Customer activates an internet site which uses these types of plugins, a link to the Facebook server is made and in the process the plugin is shown on the internet site by a message on the Customer’s browser. Information about the internet sites that the Customer has visited is transmitted to the Facebook server by these means. If the Customer is logged in to Facebook as a member, Facebook correlates this information with the Customer’s personal Facebook user account. When the plugin feature is being used (e.g. clicking the “I like” button or making a comment) this information is also linked to a Facebook account, which is something that the Customer can only prevent by logging out prior to using the plugin. The customer can get more information about Facebook’s collection and use of information and data, the consumer’s rights related thereto, and the options available for protecting privacy by reading Facebook’s data protection policies.
- The online shop uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses so called “cookies,” which are text files that are saved on the Customer’s computer and that make it possible to analyse the way the website is used by the Customer. The information generated by the cookie regarding the use of this website (including IP Address, which however, is made anonymous using the _anonymizeIp method, so that the Customer can no longer be linked to a connection) is transmitted to a Google server in the USA and is saved there. Google will use this information in order to analyse the use of the website, in order to compile reports about the website activities for the website operator, and in order to provide other services related to the use of the website and internet. Where appropriate, Google will give this information to third parties if this is prescribed by law or if the third party is processing this data on behalf of Google. Under no circumstances, will Google link the IP address to the other data from Google. The Customer can prevent the installation of cookies by selecting the appropriate setting in the browser software; however, it should be pointed out that when this is done the Customer may not be able to fully use all the functions on this website. By using this website, the Customer declares that he is in agreement with the processing of personal data that has been collected by Google about him in the manner that was explained above and for the above-mentioned purpose.
The Customer can object to the future collection of data by Google Analytics by installing a deactivation add-on for his browser (http://tools.google.com/dlpage/gaoptout?hl=de).