www.AvalonsTreasury.com Terms and Conditions

The following terms and conditions apply to your order placed on AvalonsTreasury.com

Avalon's Treasury - Jewelry, Gems & Minerals

Terms and Conditions

 
§ 1 Scope of Application
(1) The offer on the website www.avalonstreasury.com is exclusively for consumers. The following General Terms and Conditions apply to all sales contracts concluded via the online shop of Avalon's Treasury - Schneitler & Weiss GbR and you. According to Section 13 of the German Civil Code (BGB), consumers are natural persons with whom a contractual relationship may be concluded without a commercial or selfemployed professional activity being attributed to them.
(2) The version of the General Terms and Conditions valid at the time the contract is concluded shall be valid. Any provisions that deviate from the General Terms and Conditions, contradict them or supplement them shall not be deemed part of the contract, even if they are known, unless their application is explicitly agreed in writing.

 
§ 2 Conclusion of Contract
(1) We shall be entitled to limit the order to a quantity that is usual in commercial practice.
(2) After entry of all order data and before the order is finally placed, you will be shown a list of all items in the order and will be granted the opportunity to correct any possible errors that have been made in entering data.

 
§ 3 Prices and Payment Conditions
(1) The price offered at the time of the order shall be binding. The price contains statutory value-added tax (VAT) insofar as due. In the case of delivery to non-EU countries no value added tax shall be charged. In this case you shall bear the incurred customs and import duties. In the case of special offers the price offered shall be limited to the term of the special offer.
(2) Additional costs are incurred for dispatching the goods. These costs shall be shown before the order is placed.
(3) Payment for the goods shall be made by PayPal, credit card, payment in advance and (if supported by the country for delivery) by direct debit, pay upon invoice and COD.
(4) You shall only have the right to offset counterclaims insofar as your counterclaims are undisputed or which have become res judicata. You shall only be entitled to assert a right of retention on the basis of counterclaims that arise from the same contractual relationship.

 
§ 4 Passing of Risk
(1) The risk of accidental loss or deterioration of the sold goods shall be transferred to you - also in the case of sale by delivery to a place other than the place of performance - upon delivery.
(2) This risk shall also be deemed transferred if you have failed to take delivery when tendered by us.

 
§ 5 Delivery and Shipping Charges
(1) We delivers worldwide.
(2) Available products are shipped 1-3 working days after the order is received (when paid by PayPal, credit card, direct debit, pay upon invoice or COD) or the payment has been credited (when ordered by payment in advance). Pieces of jewelry where you can choose the precious stone to be set and rings are shipped 14 working days after the order is received or the payment has been credited. The delivery time is extended by 7-14 days for products if a gilded version of the piece of jewelry is ordered (this extra is only available for jewelry labelled accordingly).
(3) We only deliver as long as goods are in stock.
(4) The respective dispatch costs that are incurred shall be shown before order confirmation.

 
§ 6 Reservation of Title
(1) The delivered goods shall remain the property of us until complete payment of the purchase price.
(2) You must treat the goods carefully.
(3) You may neither pledge the goods nor transfer titles to such goods by way of security. You shall notify us in writing without undue delay in the event of pledges or confiscation of goods or any other disposals by third parties.
(4) In the case of noncontractual behaviour of the you, in particular if you are in arrears on payment or violate an obligation stated in provisions 6.2 and 6.3, we shall be entitled to withdraw from the contract and demand that the goods are returned.

 
§ 7 Liability for Defects (Warranty)
(1) The statutory liability for defects applies. If a product is defective you can choose supplementary performance by rectification or replacement. If the type of supplementary performance selected by you is only possible at disproportionate expense and we have notified you about this fact only the other type of supplementary performance can be demanded. Expenses for the supplementary performance are borne by us.
(2) Furthermore if statutory requirements are met you can be entitled to demand reduction of the purchase price or cancellation of the contract and to claim damages.
(3) In case of rectification, replacement or cancellation of the contract you are obliged to return the product to us (Avalon's Treasury - Schneitler & Weiss GbR, Dr. Clemens Schneitler & Dr. Christian Weiss, Waldstr. 14, 83395 Freilassing, Germany, info@AvalonsTreasury.com, telephone: +49-8654-457 9623 1) at our expense. Your liability for damages resulting from loss or deterioration of the goods or from the impossibility of returning the item after receiving and before returning the product (if not caused by the defect) shall be governed by the statutory provisions. Proof that you have returned the goods fulfills your obligation.
(4) Claims for defect are limited to a period of 2 years from the date of passing the risk in the goods to you with a shift in the burden of proof from us to you after 1 year. Further special statutory rights about the limitation of claims remain unaffected (especially § 438 Paragraph 1 Subparagraph 3, Paragraph 3, § 444, § 445b, § 475e of the German Civil Code).
(5) You may use the enclosed sample form to make a defective product compensation claim, but this is not mandatory.

Sample Form for Defective Product Claims
 
(If you want to make a defective product compensation claim, please complete and return this form).
 
- To Avalon's Treasury - Schneitler & Weiss GbR, Dr. Clemens Schneitler & Dr. Christian Weiss, Waldstr. 14, 83395 Freilassing, Germany, info@AvalonsTreasury.com
 
- I/we (*) hereby make a defective product compensation claim for the following goods and demand supplementary performance.
 
- Ordered on
 
- Purchase number
 
- Defective product
 
- Description of the defect
 
- I prefer free rectification/replacement (*)
 
- Deadline for supplementary performance (optional)
 
- Name of the consumer(s)
 
- Address of the consumer(s)
 
- Signature of consumer(s) (only if this is communicated on paper)
 
- Date
 
(*) Delete where inapplicable.

§ 8 Liability
We are always fully liable for claims based on the following situations:
 
(1) in the event of injury to life, limb or health caused by us, our legal representatives or vicarious agents
(2) in the event of damages resulting from gross negligence, breach of duty or fraud caused by us, our legal representatives or vicarious agents
(3) if the Product Liability Act requires it
 
In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded that can typically be expected to occur.
 
In addition, claims for damages are excluded.

§ 9 Withdrawal policy
 
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, has taken possession of the goods.
 
In order to exercise your right of withdrawal, you must inform us (Avalon's Treasury - Schneitler & Weiss GbR, Dr. Clemens Schneitler & Dr. Christian Weiss, Waldstr. 14, 83395 Freilassing, Germany, info@AvalonsTreasury.com, telephone: +49-8654-457 9623 1) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the enclosed sample withdrawal form for this purpose, but this is not mandatory.
 
In order to meet the withdrawal deadline, it is sufficient for you to send your notification that you are exercising your right of withdrawal before the withdrawal period has expired.

Consequences of the Withdrawal
 
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from choosing a type of delivery other than the cheapest standard delivery offered by us) and return shipping costs, without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
 
You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day on which you informed us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functionality of the goods.

Sample Withdrawal Form
 
(If you want to withdraw from the contract, please complete and return this form).
 
- To Avalon's Treasury - Schneitler & Weiss GbR, Dr. Clemens Schneitler & Dr. Christian Weiss, Waldstr. 14, 83395 Freilassing, Germany, info@AvalonsTreasury.com
 
- 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 the consumer(s)
 
- Address of the consumer(s)
 
- Signature of consumer(s) (only if this is communicated on paper)
 
- Date
 
(*) Delete where inapplicable.

§ 10 Our Voluntary Returns Guarantee
 
As well as your statutory withdrawal rights described above, we provide you with the following voluntary returns guarantee:
 
You can return all our goods to us (Avalon's Treasury - Schneitler & Weiss GbR, Dr. Clemens Schneitler & Dr. Christian Weiss, Waldstr. 14, 83395 Freilassing, Germany, info@AvalonsTreasury.com, telephone: +49-8654-457 9623 1) without giving any reasons in order to withdraw from this contract within 30 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods if the products are complete and are in an unused and undamaged condition.
 
If you return products according to this voluntary returns guarantee, we will refund the purchase price of the items including your return shipping costs and the standard delivery costs of the original purchase with the exception of additional costs resulting from choosing a type of delivery other than the cheapest standard delivery offered by us. The repayment will be made at the latest within fourteen days from the day on which we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
 
This returns guarantee does not affect your statutory rights and therefore does not affect your right of withdrawal as described above.

 
§ 11 Settlement of Disputes
The European Commission provides an Online Dispute Resolution (OS) platform, which you can find here. We are neither willing nor obliged to participate in dispute resolution proceedings in front of a consumer arbitration board.

 
§ 12 Privacy Policy
We comply with all legislative and regulatory requirements, regarding data protection, including the German data privacy act and the General Data Protection Regulation (GDPR). Our privacy poliy can be found here.

 
§ 13 Written form
(1) Changes or additions to the contract, as well as possible supplementary stipulations - especially to this written form requirement - are valid only in written form.

 
§ 14 Separability Clause
(1) Should one or several provisions of these General Terms and Conditions be or become completely or partially invalid or unenforceable, this shall not affect the validity of all other provisions or agreements thereof.

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Last Update of Site: 01/19/2012

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