General Terms and Conditions (GTC)
for online orders, status 09 February 2013

Our deliveries, services and offers to customers acc. § 13 BGB take place on the basis of these terms and conditions. By placing an order, the customer agrees to this contractual basis.

§ 1 Area of validity, customer information
§ 2 Conclusion of contract/data protection
§ 3 Revocation  policy/Right of revocation/Consequences of revocation
§ 4 Delivery conditions
§ 5 Payment conditions, retention of title
§ 6 Warranty
§ 7 Limitation of liability
§ 8 Further information

§ 1 Area of validity, customer information
(1) The following general terms and conditions of the company.

Uhren & Schmuck M.-L. Günther,
Marie-Luise Günther
Thurmer Hauptstrasse 47, 08132 Mülsen, Germany
Phone: +49 (0)37601/57089
E-Mail: info@juwelier-guenther.eu

shall exclusively apply to online orders via http://www.juwelier-guenther.eu.

(2) The latest version of the GTC at the time of order shall apply. Deviating rules only apply insofar, as they have been confirmed in writing by the company Uhren & Schmuck M.-L. Günther.
(3) These GTC furthermore include customer information according to the German Civil Code information obligations bylaw (BGB-Informationspflichten-Verordnung). The language of contract shall be German.

§ 2 Conclusion of contract/data protection

(1) By ordering online, you launch a firm offer to buy. This offer to buy will then be accepted by the company Uhren & Schmuck M.-L. Günther, if an order number was assigned to the offer. The right of delivery of the goods only arises by acceptance of the offer.
(2) By submitting your data the company Uhren & Schmuck M.-L. Günther shall be entitled to store the data that are necessary for business purposes with respect to the Federal Data Protection Act. Furthermore, it entitles the company Uhren & Schmuck M.-L. Günther to process the data and to transport these data to third parties if this is necessary for business purposes.

(3) You must not pass your password, which is necessary for your order, to any third party. I case of disclosure you are also responsible for orders caused by a third person. For any orders with your password and consequent claims you will account for.

§ 3 Revocation policy/Right of revocation/Consequences of revocation
(1) You can cancel your online executed contractual declaration within two weeks without giving reasons in text format (e.g. letter, fax, e-mail) or - if you are entrusted with the thing before expiry of the period - by returning all the goods.
(2) The revocation period commences after receiving this instruction in text format but not prior to receipt of goods at the receiver (in case of recurring  deliveries of similar goods not before receipt of the first partial delivery) and not prior the fulfillment of our information obligations according to Article 246 § 2 read in conjunction with § 1 par. 1 and 2 EGBGB as well as our obligations according to § 312e par. 1 sentence 1 BGB read in conjunction with Article 246 § 3 EGBGB. In order to keep the revocation period, it suffices to seasonably submit the revocation or the thing.

The revocation is to be addressed to:

Uhren & Schmuck M.-L. Günther
Marie-Luise Günther
Thurmer Hauptstrasse 47
08132 Mülsen
E-Mail: bestellung@juwelier-guenther.eu
Fax: +49 (0)37601/57089

(3) In case of valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be returned. If you are unable or partially unable to restitute the performance received or if you can only restitute it in a deteriorated condition, you will have to pay compensation for value. For the deterioration of the thing and for derived benefits you will only have to pay compensation for value, if the benefits or deterioration are due to the handling of the thing that is beyond the scope of the "Inspection of the characteristics and functionality". The term ?inspection of the characteristics and functionality? means the testing of the current goods as is possible or customary in the store.
(4) Things that are capable of being shipped as a parcel are to be returned at our risk. You will have to bear the costs of return, if the goods delivered correspond to those ordered and if the price of the thing to be sent back does not exceed an amount of 40€ or if, where the price is higher, you have not yet rendered consideration or given a part payment at the date of the revocation. Otherwise, the return is free of charge. Things which are not capable of being shipped as a parcel will be picked up.
(5) Necessary modifications to the duty to reimburse payments have to be fulfilled within 40 days. The period begins for you when you make a declaration of revocation or when you send off the goods delivered. The period begins for us when we receive your declaration of revocation or the goods delivered.
(6) If there is no cancellation right, you will have to bear the costs of return and re-delivery by yourself.
(7) Upon return of the goods, which have a total value of more than 500€, you have to dispatch the consignment of valuables specially ensured (e.g. as insured parcel) whereas the company Uhren & Schmuck M.-L. Günther bears the additional costs incurred thereby.
(8) By presenting the bill you can also return the goods directly at the shop Uhren & Schmuck M.-L. Günther.

>> End of the Revocation policy. <<

§ 4 Delivery conditions
(1) The company Uhren & Schmuck M.-L. Günther delivers to delivery addresses within Germany and the EU.
(2) The current delivery and shipping costs can be found in our online store at the "information" category. We ship exclusively via the Deutsche Post group DHL.
(3) The delivery time usually amounts 4-5 working days if the goods are in stock.
(4) If a product is currently undeliverable, we will inform you on the bill or you will receive a notice in writing.

§ 5 Payment conditions, retention of title
(1) The purchase price falls due with complete delivery.
(2) The payment method arises from the established payment methods by the company Uhren & Schmuck M.-L. Günther:

a) If you wish to order cash on delivery, you will pay the amount to be collected to an employee of the Deutsche Post or DHL by taking delivery of the consignment.
b) If you wish to pay in advance, we will dispatch your order after your receipt of money into our bank account.

(3) If you are in default with payments, the company Uhren & Schmuck M.-L. Günther has the right to charge default interests at a rate of 5% above the European Central Bank announced current base interest rate unless you prove that a smaller damage is occurred.
(4) The delivered goods remain in the company?s ownership until complete payment.

§ 6 Warranty
(1) The product images may vary from the physical appearance of the delivered goods, especially with regards to colour and size. In particular, there may be changes concerning appearance and equipment after renewal of the range on the part of the manufacturer. Claims for defects do not subsist in that the changes are deemed acceptable to customers.
(2) If the goods are deficient, we will ensure cure, i.e. either for replacement or removal of defects in decent time. If the cure you have chosen is only possible with disproportionate cost expenditure, we will be entitled to cure in the alternative kind of cure.
(3) If you decide to cancel the purchase agreement, the performance mutually received and emoluments taken are to be returned. You will have to provide compensation for value, if you are not able to return the performance received not in whole or in part or only out of repair. But deterioration that is caused by the object being used in accordance with its intended use is not taken into account.
(4) Your claims for defects in the case of second-hand goods become statute-barred in one year from delivery of the thing sold to you. Excluded from this regulation are claims for damages, claims for defects that we have fraudulently concealed and claims from a guarantee that we have provided for the quality of the thing. For these excepted claims shall apply legal limitation periods.

§ 7 Limitation of liability
We exclude liability for simple negligent breaches of duty unless these do not concern essential contractual obligations, damages resulting from injuries to life, body or health, guarantees or claims on the product liability law. The same holds true for breaches of duty of our vicarious agents and legal representatives. The essential contractual obligations include in particular the obligation to release the thing to you and to make the property at it available to you. Furthermore, we commit ourselves to get you the thing free from material defects and defects of title.

§ 8 Further information
(1) A cash payment of online gift certificates is - even partially - not possible.
(2) Complaints must be brought to notice at the above address in §1.