Copyright ©2012 Colors of Eden
| Terms and Conditions | About Us | LinksTerms and Conditions
GENERAL TERMS AND CONDITIONS
of www.colors-of-eden.com
1. General
All services provided by the online shop to the customer are solely based on the following terms and conditions. Different rules are only valid if they have been agreed upon between customer and online shop.
2. Conclusion
2.1 Offers within the online store of Colors of Eden are non-binding invitations to the customer to select jewelry and other goods for the purpose of purchase.
2.2 By ordering the desired goods on the Internet, the customer enters into a binding contract to conclude the sale.
2.3 The online shop will confirm receipt of the order immediately. The order confirmation as well as the receipt of an order by phone, does not yet mean your order has been accepted. The order is considered accepted by us once the shipment has been initiated. You will receive within 48 hours, a written confirmation by e-mail. The delivery usually takes between 14 and 21 days. By activating your order, you automatically get a binding purchase agreement for one or more individual pieces of jewelry made for you. All procedures of ordering, creating and shipping of the item, are meticulously recorded for transparency of the transaction.
2.4 Subject of the contract are the goods ordered by the customer. Regarding the details of said good we refer to their valid description and the description of their individual configuration, in other respects,
§ 434 CHAPTER.1 LINE 3 of the BGB applies.
3. Return Policy
You can revocate the contract within 30 days without giving any reason simply by writing a letter, sending a fax or an email to us. The time limit begins after receipt of your return notification in writing (i.e. letter, fax, e-mail), but not before receipt of the goods to the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery). This does not fulfill our obligations Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations under § 312g-section 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB in German/EU laws. In the event that certain goods can not be shipped by parcel (i.e. bulky goods) you can request a return through buy-back in writing. The return will be at our expense and risk. The return requests must be sent to:
Colors of Eden GmbH
Zossener Strasse 55-58
10961 Berlin
Phone: +49 30 20 23 95 63
E-Mail: info@colors-of-eden.com
Consequences of return
For a successful return the full value of goods as well as their benefits must be intact in order for Colors of Eden to accept their return. Should the returned goods or any of their components have deteriorated while in your possesion, in whole or in part , you might be obliged to pay compensation. For deterioration and lost benefits, you must pay compensation only if the deterioration was caused by cicumstances going beyond normal examination of the characteristics and operation of the item . The term "examination of the characteristics and operation" means the testing and evaluation of an item, as it is customarily done in traditional retail stores. Items that can be sent by parcel post have to shipped back to us, fully insured, at Color of Edens’s expense. Items to large to be shipped via parcel post will be picked up at customers location. Reimbursements must be made within 30 days. The period begins with the dispatching of the goods sent back to us.
End of return policy
4. Delivery
4.1 Immediately after the release of your order, the items will be manufactured in our factory and delivered to you. Delivery times may vary slightly, but should not exceed 25 days within Germany and other EU countries.
4.2 For international shipments, unless otherwise stated in the offer, delivery times should not exceed 28 working days.
4.3 If, for whatever reason, an item or a part there of is temporarily out of stock, we will inform you by e-mail regarding the expected delivery time.
Your statutory rights remain unaffected.
5. Packing and Shipping
Shipping and Handling within Germany and all EU countries is free.
6. Payment, Retention of Title
6.1 All prices are gross, daily prices in € inclusive 19% VAT.
6.2 For orders within Germany following payment methods are available:
- Credit Card (VISA, MasterCard, Amex, etc.)
- PayPal
- Wire transfer (subject to delay as funds must clear before shipment can be initiated)
- Giropay
6.3 Until full payment has been received, all goods shall remain the sole property of Colors of Eden GmbH (according to § § 158, 449 of the BGB). In case of a repossession claim on pre-paid yet undelivered goods by a third party, the customer shall immediately inform Colors of Eden of the persisting legal situation and hand over all necessary documentation.
7. Warranty
Should an item become damaged during transport, we ask the recipient to immediately file a damage report with the carrier (shipping services). Please inform Colors of Eden in writing of these and/or any other damages within 7 days of receipt of the goods. However, a failure to make a written report to Colors of Eden shall have no further consequences regarding your legal rights. All statutory provisions remain in place.
We will continue to honor our 1 year warranty from the date your jewelry piece has been shipped. This warranty covers all obvious processing and manufacturing defects. Colors of Eden shall repair these defects at no extra charge as long as the damaged piece had been returned in its entirety.
Colors of Eden is not liable for defects arising from faulty handling, normal wear and tear or by damages sustained through excessive force.
8. Liability
8.1 The Online Store assumes liability in cases of intent or gross negligence, in accordance with the statutory provisions. The liability for guarantees is handled on a no-fault basis. For slight negligence, the online shop assumes liability according to the provisions of the “Product Liability Act”, covering loss of life, limb or health, or the breach of contract, exclusively. A claim for damages incurred through negligent violation of essential contractual obligations is limited to typical, foreseeable damage, as long as there is no liability for injury to life, limb or health. For the negligence of agents and representatives of their shop, Colors of Eden assumes liability to the same extent.
8.2 The provisions of the preceding paragraph (8.1) regulate compensations in addition to services, compensations instead of services and the claim for wasted expenditure, for whatever legal reason, including liability claims for defects, delay or impossibility.
9. Privacy Policy
Our privacy statement is available here.
10. Copyright
All logos, images and graphics are the property of their respective creators and are copyrighted by the respective licensors. All photos shown on these pages, logos, texts, reports, scripts and programming, which are proprietary developments of Colors of Eden, have been prepared by us and may not be copied without our permission, or otherwise used. All rights reserved.
11. Other
Colors of Eden grants a special return policy with a deadline of 30 days from the date of shipment. This applies only to unused goods and goods reconditioned by Colors of Eden. All other provisions contained herein shall remain unaffected.
12. Links featured on our site
Colors of Eden’s website contains links to external websites over which we have no control.
According to a judgment rendered on May 12th, 1998 - 312 O 85/98 - "Liability for Links” , by the “Regional Court of Hamburg” one must assume responsibility for external links and their contents, unless one explicitly distances oneself from these contents. We hereby disassociate ourselves explicitly from all content of all linked pages on our website. This declaration applies to all links posted on our web site. We assume no liability for their content. The contents of the linked sites are the sole responsibility of the respective site owners.
All linked pages were checked at the time of linking for possible legal violations. In spite of our best efforts, some Illegal content might have evaded our scrutiny. Effective monitoring of the linked pages is not feasible without concrete evidence of a violation. Upon notification of violations, we will remove such links immediately.
13. Final Provisions
Application of the CISG is excluded, it is governed by German law. By placing an order the terms and conditions of the online shop are recognized. The validity of the remaining provisions shall be kept up, should any provision of these Terms and Conditions, for whatever reason, turn out to be invalid.
In this case the ineffective regulation is automatically replaced by the relevant statutory provision.