Terms of service
§ 1 General Provisions and Business Relationships
The following General Terms and Conditions apply to contractual relationships concluded via the online shop aurime.de, Bahnhofstraße 93, 45701 Herten (hereinafter referred to as the “Seller”) between the Seller and its customers (hereinafter referred to as the “Buyer”).
Contracts are concluded with both consumers and entrepreneurs.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession.
An entrepreneur within the meaning of § 14 of the German Civil Code (BGB) is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of his or her trade, business or profession. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur obligations.
§ 2 Conclusion of Contract
All products, items and services offered in the Seller’s online shop do not constitute legally binding offers by the Seller but are instead an invitation to the Buyer to submit an offer.
After the Buyer submits an order, the Buyer immediately receives an email confirming receipt of the order. This email constitutes acceptance of the offer in the legal sense, thereby concluding the contract.
§ 3 Prices, VAT, Payment
All prices stated are total prices including statutory value added tax, plus any shipping costs depending on the type of delivery (see § 4) and any applicable packaging and shipping costs.
The Seller offers the following methods of payment: bank transfer (prepayment), PayPal. The Seller issues an invoice for the ordered goods, which will be enclosed with the delivery or sent by post.
In the case of payment in advance (or other payment methods where applicable), the customer undertakes to transfer the agreed price to the bank account specified by us after conclusion of the contract. The amount must be received in full in the specified account within seven days from the date of the order. If prepayment is not received, AURIME reserves the right not to provide the agreed service. The customer is not released from the payment obligation in the event of non-performance of the service for this reason.
3.1 Should the goods no longer be available at a later time, AURIME reserves the right to issue a voucher of the corresponding value. In the event of late payment, the customer will receive a written reminder no later than 14 days after the due date, incurring a reminder fee of 10 euros. If the deadline stated in this reminder is also exceeded, the claim will be handed over to a debt collection agency.
§ 4 Delivery, Shipping Costs and Transfer of Risk
Delivery (dispatch by a shipping company) takes place without undue delay after receipt of payment or notification by PayPal.
The Seller’s delivery and payment terms are set out in more detail in the order form. The delivery date can be found in the respective product description.
On the final order page before submitting your offer (“SUBMIT ORDER”) you will again receive a complete overview of the essential characteristics of the goods, the total price of the goods and all associated components such as shipping and packaging costs.
If the Buyer is a consumer within the meaning of § 13 BGB, the shipping risk is borne exclusively by the Seller. If, however, the Buyer is an entrepreneur, the risk passes to the Buyer as soon as the Seller has handed over the goods to the carrier, freight forwarder or any other person or institution designated to perform the shipment.
§ 5 Information on the Right of Withdrawal (Cancellation Policy)
The following cancellation policy applies exclusively to consumers (see § 1 of these Terms and Conditions).
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier takes possession of the goods.
Important: Personalized items (name, date or letter) and earrings are excluded from exchange or return.
To exercise your right of withdrawal, you must inform us,
AURIME, Bahnhofstraße 10, 45701 Herten, Germany,
Email: info@aurime.de,
by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is, however, not mandatory.
To meet the withdrawal deadline, it is sufficient that you send the notification of exercising your right of withdrawal before the withdrawal period has expired.
Exclusions from Return
In addition to the above, the following items are excluded from return:
- Vouchers
- Individual components of a set
- Gift boxes
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including delivery costs (with the exception of any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this repayment.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earlier.
You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you inform us of your withdrawal from this contract. The deadline is met if you dispatch the goods before the period of fourteen days has expired.
You shall bear the direct cost of returning the goods.
You shall only be liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
– End of the cancellation policy –
Exclusion of the Right of Withdrawal
The right of withdrawal does not apply to contracts:
- for the supply of goods which are not prefabricated and for the production of which an individual choice of or decision by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer;
- for the supply of personalized products.
The right of withdrawal may lapse for contracts:
- for the supply of sealed goods which are not suitable for return due to reasons of health protection or hygiene and were unsealed after delivery;
- for the supply of goods which, after delivery, are inseparably mixed with other items due to their nature.
Consequences of Withdrawal – Cancellation Fees
In the event of withdrawal, cancellation fees will be charged to the customer in the amount of 5% of the price of the purchased product.
Model Withdrawal Form
If you wish to withdraw from the contract, please complete this form and return it to:
To: AURIME, Bahnhofstraße 10, 45701 Herten, Germany, info@aurime.de
I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ()
– Ordered on () / received on ()
– Name of consumer(s)
– Address of consumer(s)
– Signature of consumer(s) (only if this form is notified on paper)
– Date
(*) Delete as appropriate.
The EU Commission has provided an interactive website (OS Platform) pursuant to EU Regulation No. 524/2013 for the resolution of disputes arising from online transactions outside of court. The EU Commission’s OS Platform can be accessed at:
http://ec.europa.eu/consumers/odr/
You can contact us at: info[at]kardelen.de
§ 6 Retention of Title
The Seller retains title to the goods until full payment of the purchase price has been received.
§ 7 Statutory Liability for Defects
The statutory liability for defects applies to our goods.
§ 8 Further Information Obligations for Distance Contracts and Electronic Commerce
Technical Steps to Conclude the Contract / Ordering Process
Select the products you wish to order by clicking the “ADD TO CART” button. This will place your selection in the shopping cart. You can change this selection at any time until you submit your order by updating the quantity of products or ending the ordering process. By clicking the “PROCEED TO CHECKOUT” button you proceed to the next step of the order process.
If you already have a customer account, please log in with your username and password; otherwise, please register as a new customer. Your data will be collected, processed and used in compliance with applicable data protection regulations. Your data will not be used for any other purpose or passed on to third parties.
Select your desired payment method. Please read the General Terms and Conditions and the cancellation policy carefully. You can only proceed with your order if you agree to the Terms and Conditions and the cancellation policy (by ticking the checkbox).
By clicking the “SUBMIT ORDER” button, you send your order to us. This constitutes a legally binding offer.
Storage of the Contract Text after Conclusion and Accessibility for the Customer
The contract text and your order details are stored by the Seller. After completing the order process, you will receive a clear order confirmation by email containing all relevant information about your order. Furthermore, you can print out the contract text using the print function of your browser. Your order data will also be included separately in the email sent to you. In addition, the Seller will send the contractual terms to the Buyer by email at any time upon request.
Possibility to Correct Input Errors
Prior to submitting your order, you can correct your entries at any time. This can be done using the “back” function in your Internet browser. Corrections can be made directly in the respective input fields on the product pages. In addition, you can update or delete individual products in the virtual shopping cart. All these options for correction remain available until you submit the binding offer by clicking the “SUBMIT ORDER” button.
Contract Language
The contract language is exclusively German.
Codes of Conduct
The Seller has not committed to any specific codes of conduct.
Order Confirmation
After the customer submits the offer, the customer receives a confirmation email.
Complaints and Warranty Claims
Complaints, in particular warranty claims, must be addressed to the Seller.
Essential Characteristics of the Goods
The essential characteristics of the goods can be found in the product description. This also applies to the validity of any time-limited offers.
§ 9 Data Protection Notice
a) The collection, storage, alteration, transmission, blocking, deletion and use of your personal data is carried out in compliance with applicable data protection regulations.
b) Your personal data are only passed on to third parties to the extent necessary to fulfill the contract, for example to the credit institution handling payment matters and the logistics company responsible for delivery. In the event that your personal data are passed on to third parties, the scope of the transmitted data is limited to the minimum required.
c) By concluding the contract, you consent to the processing and use of your personal data (e.g. address) in accordance with the above provisions. You may object to such use at any time without incurring any costs other than the basic transmission costs.
d) Under the German Federal Data Protection Act, you have the right to receive information free of charge about your stored data as well as, where applicable, the right to rectification, blocking or deletion of such data. Please direct corresponding requests to the address specified in the legal notice. If the personal data stored about you are incorrect, they will be corrected without delay upon your notification.
e) Data protection is guaranteed by the German Federal Data Protection Act. Use of personal data is therefore only permissible if the Federal Data Protection Act or another legal provision allows it or the data subject has consented.
§ 10 Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG
For the out-of-court settlement of consumer disputes, the European Union has set up an online platform (“OS Platform”) to which you can turn. The OS Platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The platform can be found at:
http://ec.europa.eu/consumers/odr/
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 11 Information Obligation pursuant to the German Battery Act (BattG)
In connection with the sale of batteries or rechargeable batteries, or devices containing such batteries, we are obliged under the Battery Act to point out the following:
Batteries must not be disposed of with household waste. As an end user, you are legally obliged to return used batteries. You can return used batteries free of charge at the point of sale or in its immediate vicinity (e.g. at municipal collection points or in retail outlets). You may also return batteries from our range to us by post in normal quantities.
Batteries or rechargeable batteries containing pollutants are marked with a symbol of a crossed-out wheeled bin. Near the waste bin symbol is the chemical symbol of the pollutant. “Cd” stands for cadmium, “Pb” for lead, “Hg” for mercury, “Li” for lithium, “Ni” for nickel, “Mh” for metal hydride and “Zi” for zinc.
The symbols under the bin mean:
- Pb: battery contains more than 0.004 percent lead by mass
- Cd: battery contains more than 0.002 percent cadmium by mass
- Hg: battery contains more than 0.0005 percent mercury by mass
The symbol of the crossed-out wheeled bin means that the battery must not be disposed of with household waste.
Further detailed information on the Battery Act is available from the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety.
§ 12 Electrical and Electronic Equipment Act (ElektroG)
Manufacturers must take back waste electrical and electronic equipment placed on the market free of charge since 13 August 2005. Manufacturers must mark their electrical and electronic equipment placed on the market after 23 November 2005 with a symbol (a crossed-out wheeled bin). As a retailer, we are legally obliged to inform you that such old devices must not be disposed of as unsorted municipal waste, but must be collected separately and disposed of via local collection and return systems.
In accordance with the Electrical and Electronic Equipment Act (“ElektroG”) of 23 March 2005, we only sell electrical and electronic devices from manufacturers that are registered with the competent authority as of 25 November 2005 and can provide an insolvency-proof guarantee for the financing of the take-back and disposal of their electrical equipment.
§ 13 Final Provision
The contractual relationship between the Seller and the customer as well as these General Terms and Conditions are subject to the law of the Federal Republic of Germany. Consumers whose habitual residence is abroad may, irrespective of the specific choice of law, also invoke the law of the state in which they have their residence.
§ 14 Deviations for Personalized Products
For personalized products that we produce individually, the delivered goods may differ from the product images in our online shop. Different models may appear differently depending on the motif, name or letters. The items are individually adapted and optimally manufactured.
The delivered products may slightly differ from the illustrations. In particular, for example, in the case of the “partner bracelet” offer (MK-948), the bracelet size and style may differ from the illustration. The gold plating of our products may also differ from the illustrations because they are made of genuine 925 sterling silver.
§ 15 No Right of Withdrawal
Unless the parties agree otherwise, the right of withdrawal does not apply to the following contracts:
- Contracts for the supply of goods which are not prefabricated and for the production of which an individual choice of or decision by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer.
- Contracts for the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and were unsealed after delivery.
Engraved products or products individually tailored to the customer’s needs are excluded from exchange, as they are clearly tailored to the personal needs of the consumer.
The EU Commission has provided an interactive website (OS Platform) pursuant to EU Regulation No. 524/2013 for the out-of-court settlement of disputes arising from online transactions. The EU Commission’s OS Platform can be found at:
http://ec.europa.eu/consumers/odr/
Alternative dispute resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 16 Assignment of Claims
Where we are entitled to enforce our claims, we may engage a service provider. This involves the assignment of claims to:
SAHU MEDIA Technik UG & Co. KG
Friederike-Nadig-Str. 31
12355 Berlin
Germany
To this company we transmit the necessary personal data. Your data are only passed on and the claim only assigned for the purpose of enforcing our claims. Further information on data protection at SAHU MEDIA Technik UG & Co. KG (billingportal.de) can be found at:
https://billingportal.de/datenschutzerklaerung/