For our customers
In our economic area there are sufficient legal regulations, which should neither favor nor disadvantage the business partners inappropriately.
Nevertheless, in the context of business cooperation there are always factual issues that one would like to define more clearly and precisely.
In order to keep the expenses for you and us as low as possible, we are happy to offer you our conditions of sale. This regulates the issues necessary in the context of our business relationship, which are important to us for a mutually fair and cooperative cooperation.
Terms of Service
General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you enter into with us as a supplier (
Mail order business Honerkamp) via the website www.schmuck-der-o.de. Unless otherwise agreed,
the inclusion of your own terms and conditions may be contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who conducts a legal transaction
for purposes that are predominantly neither commercial nor self-employed
Activity can be attributed. An entrepreneur is any natural or legal person or a
legal partnership that is self-employed when concluding a legal transaction
professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a
(2) You can submit a binding purchase offer (order) via the online shopping cart system.
The goods intended for purchase are placed in the "shopping cart". Via the corresponding
You can call up the "shopping cart" button in the navigation bar and make changes there at any time
make. After calling up the "Checkout" page and entering your personal data and payment and
Shipping conditions are finally all order data again on the order overview page
Before submitting the order, you have the opportunity to check all the information here again
change (also via the "back" function of the Internet browser) or cancel the purchase.
When you send the order using the "order for a fee" button, you enter
binding offer from us.
You will first receive an automatic e-mail about the receipt of your order, which has not yet been sent
Conclusion of contract leads.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days
Confirmation in text form (e.g. email) in which you can execute the order or deliver the
Goods are confirmed (order confirmation).
If you have not received a corresponding message, you are no longer bound to your order.
In this case, any services already provided will be reimbursed immediately.
(4) Your inquiries to prepare an offer are non-binding for you. We will submit you a
Binding offer in text form (e.g. by email), which you can accept within 5 days.
(5) The processing of the order and transmission of everything in connection with the conclusion of the contract
The required information is partly automated by e-mail. You must therefore ensure
that the e-mail address you have stored with us is correct, the receipt of the e-mails is technical
ensured and in particular not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information required for the individual design of the goods,
Texts or files via the online ordering system or at the latest immediately after the conclusion of the contract by
Email available. Our possible specifications on file formats must be observed.
(2) You undertake not to transmit any data whose content is subject to third-party rights (in particular copyrights,
Name rights, trademark rights) or violate existing laws. You introduce us
expressly released from all third party claims asserted in this context. The
also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for content-related accuracy and do so
insofar no liability for errors.
(4) You will receive a correction template from us, which you must check immediately. Are you
If you agree to the draft, you can countersign the template in text form (e.g.
Email) for execution.
The design work will not be carried out without your approval.
You are responsible for checking the proof of correctness and completeness and us
to report any errors. We accept no liability for errors that have not been complained about.
(5) Insofar as we create texts, images, graphics and designs for you as part of the individual design,
these are subject to copyright.
Individuals can be used, reproduced or changed without our express consent
Partial or complete content is not permitted.
Unless otherwise agreed, we will transfer you an unlimited right of use to the one for you
created copyrighted works. You are expressly prohibited from using the protected works
to make any part of it available to third parties privately or commercially in any way.
The transfer of the right of use is subject to the condition precedent of full payment
of the agreed purchase price.
§ 4 Special agreements on the payment methods offered
(1) Credit check
If we make advance payments, e.g. for payment on account or direct debit, your data will be used
Safeguarding our legitimate interests for the purpose of credit checks on the basis of
mathematical-statistical procedures passed on to the. We reserve the right to notify you in
Result of the credit check to refuse the payment method on account or direct debit.
(2) Payment by "secupay credit card", "secupay direct debit" or "secupay purchase on account"
We use the payment methods "secupay credit card", "secupay direct debit" or "secupay purchase on account"
our payment claim directed against you in full and irrevocably to secupay AG,
Goethestr. 6, 01896 Pulsnitz. Before accepting the assignment, secupay AG shall accept the
A credit check is carried out on the data transmitted as part of the order.
We reserve the right to give you the selected payment method as a result of the credit check
refuse, you will be informed of this before submitting your order.
If the "secupay credit card" or "secupay direct debit" payment method is approved, secupay AG accepts the
Assignment and subsequently collects the fee via your credit card or direct debit from your account.
Your bank or credit card account will be charged when the order is placed.
If the payment method "secupay purchase on account" is approved, secupay AG accepts the assignment and the
The goods ordered will be sent or delivered to you together with the invoice. The purchase price is
within 10 (ten) calendar days after delivery of the goods for payment to secupay AG,
Goethestraße 6, 01896 Pulsnitz.
§ 5 Right of Retention, Retention of Title
(1) You can only exercise a right of retention insofar as it relates to claims from the same
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We retain ownership of the goods until all claims from the
ongoing business relationship. Before ownership of the reserved goods is transferred, a
Pledging or security transfer not permitted.
b) You can resell the goods in the ordinary course of business. In that case, you are already kicking
now all claims in the amount of the invoice amount that you accrue from the resale to us
from, we accept the assignment. You are further authorized to collect the claim. As far as your
However, we reserve the right to defer payment obligations properly
move in yourself.
c) When combining and mixing the reserved goods, we acquire co-ownership of the new item in
Ratio of the invoice value of the reserved goods to the other processed items to
Time of processing.
d) We undertake to release the securities due to us at your request insofar as the
the realizable value of our securities exceeds the claim to be secured by more than 10%. The selection
the security to be released is incumbent on us.
§ 6 Warranty
(1) The statutory warranty rights apply.
(2) If you are an entrepreneur, notwithstanding Paragraph 1:
a) Only our own information and the product description of the shall apply to the quality of the goods
Manufacturer as agreed, but not other advertising, public promotions and statements by the
b) You are obliged to return the goods immediately and with due care for quality and
To investigate deviations in quantity and obvious defects to us within 7 days of receipt of the goods
in writing, timely dispatch is sufficient to meet the deadline. This also applies to later
detected hidden defects from discovery. In the event of a breach of the duty to examine and notify, the
Assertion of warranty claims excluded.
c) In the event of defects, we guarantee, at our option, either repair or replacement. Beats
the removal of the defect fails, you can choose to request a reduction in price or withdraw from the contract.
The elimination of defects is deemed to have failed after an unsuccessful second attempt, if not
in particular, something different results from the nature of the thing or the defect or the other circumstances.
In the event of repairs, we do not have to bear the increased costs caused by the shipment of the
Goods originate at a place other than the place of performance, provided that the shipment is not the
corresponds to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period applies
culpably caused damage from harm to life and body that is not attributable to us
or the health and grossly negligent or willful damage or malice, as well as with
Recourse claims according to §§ 478, 479 BGB.
§ 7 liability
(1) We are fully liable for damages resulting from injury to life, body or the
Health. We are also liable without restriction in all cases of willful intent and gross negligence,
in the case of fraudulent concealment of a defect, when assuming the guarantee for the quality of the
Object of purchase and in all other cases regulated by law.
(2) Liability for defects within the framework of the statutory warranty is based on the corresponding
Regulation in our customer information (Part II) and General Terms and Conditions (Part I).
(3) If essential contractual obligations are affected, our liability for slight negligence is on the
foreseeable damage typical for the contract. Essential contractual obligations are essential
Obligations arising from the nature of the contract and the violation of which the achievement of the
The purpose of the contract and obligations that the contract would allow us to achieve according to its content
the purpose of the contract, the fulfillment of which the proper execution of the contract at all
make it possible and you can regularly rely on compliance.
(4) In the event of a breach of insignificant contractual obligations, liability is in the case of slightly negligent
Breaches of duty excluded.
(5) According to the current state of technology, data communication over the Internet is not error-free
and / or available at all times. In this respect, we are neither liable for the permanent nor
uninterrupted availability of the website and the services offered there.
§ 8 Choice of law, place of performance, place of jurisdiction
(1) German law applies. For consumers, this choice of law only applies to the extent that the
mandatory provisions of the law of the state of habitual residence of the consumer
protection granted is not withdrawn (favourability principle).
(2) Place of fulfillment for all services from the business relationships with us as well as
The place of jurisdiction is our registered office if you are not a consumer but a merchant, legal entity of the
under public law or special funds under public law. Same goes if you don't have one
general place of jurisdiction in Germany or the EU or the place of residence or ordinary
Residence is not known at the time the action is brought. The power to even the court of one
Calling another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer information
1. Identity of the seller
Phone: 0821 2629026
Please always submit complaints by email
2. Information on the formation of the contract
The technical steps to conclude the contract, the contract itself and the correction options
take place in accordance with § 2 of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before submitting the order via the
The online shopping cart system can print out the contract data using the browser's print function or
electronically secured. After receipt of the order by us, the order data will be required by law
required information for distance contracts and the general terms and conditions
sent to you again by e-mail.
3.3. For requests for quotations outside of the online shopping cart system, you will receive all contract data in
As part of a binding offer sent by e-mail, which you can print out or electronically
4. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the item description and the
additional information on our website.
5. Prices and payment methods
5.1. The prices listed in the respective offers as well as the shipping costs represent total prices.
They contain all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. You are about one accordingly
button on our website or in the respective item description
can be called up, are shown separately in the course of the ordering process and are in addition to
bear unless free delivery has been promised.
5.3. The payment methods available to you are marked accordingly under a
Button on our website or in the respective item description.
5.4. Unless otherwise specified for the individual payment methods, the payment claims are based on the
concluded contract due for payment immediately.
6. Terms of delivery
6.1. Find the delivery conditions, the delivery date and any existing delivery restrictions
under a correspondingly labeled button on our website or in the respective
6.2. As far as you are a consumer is regulated by law that the risk of accidental loss and the
accidental deterioration of the sold item during shipment only with the delivery of the goods
passes to you, regardless of whether the shipment is insured or uninsured. This does not apply
if you independently use a transport company not named by the entrepreneur or another for
Have commissioned a specific person to carry out the dispatch.
If you are an entrepreneur, delivery and dispatch are at your own risk.
7. Statutory warranty rights
7.1. The liability for defects for our goods is based on the "Warranty" regulation in ours
General Terms and Conditions (Part I).
7.2. As a consumer, you are asked to check the completeness of the goods immediately upon delivery,
to check obvious defects and transport damage and complain to us and the freight forwarder
to be communicated as soon as possible. Failure to do so will have no effect on your statutory rights
last update: 01.10.2020