TERMS AND CONDITIONS
§ 1
General Terms – Area of Application
(1) All products sold by CORNELIA HENZE in this online shop under the URL http://www.corneliahenze.com are subject to the following general terms of sale. The version of these terms valid at the time of order will apply.
(2) Any and all agreements made between CORNELIA HENZE and the customer regarding the execution of the contract are written in this contract.
§ 2
Offer – Conclusion of Contract
(1) The products displayed in our online shop constitute a legally non-binding request for the submission of an offer from the customer (invitatio ad offerendum). By clicking on the “Complete order” button the customer submits a legally binding offer.
(2) CORNELIA HENZE is then entitled to accept this offer within one week starting from receipt of the order, by either shipping the good(s) or dispatching an order confirmation. The confirmation of receipt of order sent to the customer by CORNELIA HENZE’s automated order confirmation system does not constitute an acceptance of the customer’s offer.
§ 3
Return Instructions
Goods can be returned without having to state reasons within 14 days by sending them back to CORNELIA HENZE. The 14-day period begins after receipt of this document in written form (i.e. via letter, fax, email), however, does not start until the customer receives the goods.
Only in the case of goods which cannot be sent by post or courier (e.g. bulky orders) can the customer claim the return by requesting the return in written form. In this case, compliance with the 14-day deadline requires only that the declaration requesting the return be sent by this deadline.
Returned goods must be packaged carefully.
Please note we cannot refund return shipping charges.
Custom-made orders or sale items are non-returnable, non-refundable, and non-exchangeable.
Returned goods, or the request to return, must be sent to:
CORNELIA HENZE
Ringseisstrasse 6 a
80337 Munich
Germany
Email: contact@corneliahenze.com
Tel: +49 151 61215050
Internet: www.corneliahenze.com
The returns process:
In the case of a valid return, the services received are to be refunded by both parties – as far as applicable – without capital gain. In the case of use and deterioration of the goods (e.g. consumer benefits), which cannot be refunded, or only partly, or only in deteriorated condition, the customer may be required to pay compensation for the loss of value. The customer is only liable for compensation of the deterioration of the goods and the respective benefits as far as it exceeds an inspection of characteristics and functioning. The phrase ‘inspection of characteristics and functioning’ refers to the testing and trial as is possible and usually done in a retail outlet. Return payment obligations must be fulfilled within 30 days. The period commences for the customer upon the sending the good(s) or the claim, and for CORNELIA HENZE upon receipt.
§ 4
Prices – Offsetting Prohibition, Retention Rights
(1) The prices listed in this online shop include statutory Value Added Tax. Where goods are shipped to countries outside the European Union (e.g. Switzerland), a net invoice will be provided. In such cases, additional costs may be charged to you, (such as customs duties, import value added taxes, as well as special transportation handling fees).
(2) The customer is entitled to the purchase price only if his or her counter-claim is undisputed or validly determined. To that extent, the customer is only authorized to exert his or her right of lien if his or her counter-claim is based on the same contractual relation.
§ 5
Maturity – Type of Payment – Delivery of Goods
(1) When CORNELIA HENZE accepts the offer from the customer, the purchase price indicated in the online shop and the order confirmation becomes due for payment.
(2) Payment for goods ordered from CORNELIA HENZE must be made via PayPal or via advance bank transfer to the following account:
Account holder: Cornelia Henze
Bank name: HypoVereinsbank Munich
IBAN = DE40 700 2027 000 1033 9718
BIC = HYVEDEMMXXX
(3) If the customer’s offer is accepted by CORNELIA HENZE, and after receipt of the complete purchase price, the goods will be shipped to the customer within 4 days of receipt of payment.
§ 6
Product Description – Warranty for Defects
(1) The products sold here are all handmade and, whilst some natural products such as pearls and stones require a degree of processing, all other work is done by hand. The appearance of the individual products delivered to you can vary from the samples shown in the web shop due to the manual production process, as well as the normal variations in the natural materials used in the individual finished pieces. This applies in particular to colour and size. Differences between the finished products and the web shop illustrations can also be caused by different screen, graphics and/or printer settings. Variations due to these differences between representation and reality do not constitute a defect in the good delivered.
(2) CORNELIA HENZE may be considered liable according to law if the customer makes a valid claim for damages based on intent or gross negligence of CORNELIA HENZE, including intent or gross negligence of our employees or representatives. As far as no deliberate breach of contract on our part is proven, the payment of damages is limited to the foreseeable, typically occurring amount.
(3) CORNELIA HENZE is liable according to the legal regulations, if a major contractual obligation is deliberately breached; however, also in this case the payment of damages is limited to the foreseeable, typically occurring amount.
(4) Liability due to culpable loss of life, bodily injury or damage to the health of a person remains unaffected; this also applies for the mandatory liability in accordance with the product liability law.
(5) Unless otherwise stipulated, liability for any other claims or breaches of contract is excluded.
§ 7
Limitation of Liability
(1) Liability for damages exceeding the scope stipulated in § 6 is excluded without consideration of the legal nature of the claim made. This applies in particular for damage claims arising from culpable behaviour upon the conclusion of contract, for the violation of other obligations or for claims arising from wrongful acts for damages to property in accordance with § 823 BGB [German Civil Code].
(2) The limitation in accordance with section (1) also applies, as far as the customer claims compensation of useless expenses instead of damages instead of a claim for damages.
§ 8
Retention of Title
Until payment is complete, the delivered goods remain the property of CORNELIA HENZE. The customer is obliged to take good care of the delivered goods until the goods transfer ownership.
§ 9
Area of Jurisdiction – Applicable Law
(1) Should the buyer - after conclusion of the contract - relocates his domicile or usual place of residence outside the territory of the Federal Republic of Germany, the registered place of business of CORNELIA HENZE is the area of jurisdiction. This also applies if the domicile or usual place of residence of the buyer is not know at the time of submission of the complaint.
(2) The law of the Federal Republic of Germany applies; validity of the UN purchase law is excluded.
(3) In the event of any query or dispute, then the German language version of these terms and conditions will be applicable. This English language version of provided as a general guidance only.