Terms and Conditions
General Terms and Conditions
1) The Rockberries GmbH, Maximilianstraße 52, 80538 Munich, CEO Regine von Schlieffen, Tel. +49 (0) 89 / 244 164 121, E-mail: firstname.lastname@example.org (hereinafter called “Rockberries.com“) operates an online shop under the following internet address http://www.rockberries.com (hereinafter called “website”)
2) The following general terms and conditions apply to every order placed on the website as well as all products and services according to the version valid at time of purchase. The conditions of Bestsellers are not recognized unless agreed upon in writing.
3) An up-to-date version of the general terms and conditions is available at anytime under the internet address http://www.rockberries.com. Previous versions of the general terms and conditions will be saved by Rockberries.com according to period of validity and can be placed at your disposal as requested.
§2 Formation of Contract
1) The offers on the website represent a non-binding invitation for buyers to order goods from Rockberries.com. A binding contract is established between you and Rockberries.com when you place your order (offer) and the dispatching of the ordered goods (acceptance) by Rockberries.com. The order takes place when you enter all of your details during the ordering process and finally send us the order by clicking the button “Purchase”. During the ordering process you have the possibility to correct any information given. In order to make such corrections please use the return button or the delete key. By placing an order you have provided us with a binding offer to conclude a contract with you. The confirmation acknowledging your order via e-mail does not yet mean we have confirmed our acceptance of your offer. The acceptance of the order is provided with the delivery of the goods.
2) Rockberries.com reserves the right to refuse any offer without stating the reasons for refusal, especially when reasonable grounds have been established for suspecting the goods will be sold commercially to third parties.
3) Registration is possible in order to simplify the ordering process. Those qualified to register and order are people who have full legal capacity or who act with the consent of their legal representative.
§3 The Feature “Jewelry Designer”
1) Self-designed jewelry pieces you have created with the help of our “Jewelry Designer” feature are a “Design on Demand” product and will be crafted or altered according to your particular ideas and specifications.
2) Rockberries.com does not oversee your individually-created jewelry designs. However, Rockberries.com reserves the right to refuse a completed order within the legal term of acceptance when it has become evident or sound suspicion has arisen during the creation of the piece that the ordered jewelry piece may infringe upon the rights of a third party. You indemnify Rockberries.com from all claims of third parties made in connection with your individually-created jewelry design or for costs for the reasonable assertion of legal rights and defense.
1) The prices listed with the products include value added tax. For deliveries to countries outside of the European Union the price does not include value added tax. The cost of shipping is not included in the listed price. You can refer to the listed price and can easily inform yourself about the shipping fee according to the shipping destination by clicking on a link next to the listed price. The individually calculated shipping costs will also be shown once more when you state the shipping destination during the ordering process.
2) Products shipping to countries outside of the European Union may incur additional costs such as customs fees, import VAT or special transport service interchange fees. In case of any questions, please feel free to contact us at email@example.com.
At Rockberries.com you have the option to pay for your order by credit card, PayPal, with a wire transfer via online banking or through payment in advance.
1) Paying by Credit Card
We accept the following credit cards:
- American Express
- Maestro International
Enter your credit card information onto our secure payment page. Rockberries.com uses a state-of-the-art secure server software with an SSL connection (Secure Socket Layer). This is an asymmetrical encryption method in the internet that protects your credit card information from spying and manipulation during the transaction. The billed amount will be collected on the day the item is shipped. Please note: Credits from returned items will be credited back to your credit card.
2) Paying by Online Wire Transfer (Instant Bank Transfer)
Select the payment option “Online Wire Transfer” on our payment page. You will be transferred automatically and securely to your bank or mutual savings bank. The system automatically shows a bank transfer form which contains all of the order details. Through entering a TAN you are authorizing the transfer. Your sensitive account information (PIN and TAN) will only be entered through the online banking system of your bank or mutual savings bank. Rockberries.com is encrypted with the 256-bit (SSL 3.0, AES 256-bit, RSA 2048-bit). In the third and final step of an online wire transfer you will receive a confirmation notice that the payment has been completed successfully which can also be printed.
Please note that in order to select this payment option you must have a bank account in Germany (giropay) or in the Netherlands (IDEAL) which offers the use of online banking with a PIN/TAN. Participating banks in Germany include, among others, the Postbank as well as nearly all Sparkasse and Volksbanken Raiffeisenbanken.
Credits from returns will be transferred back onto your account.
3) Paying by Advance Payment/Transfer
You will receive our bank information and your order number in the e-mail confirmation receipt of order.
Please transfer the invoice amount including the order number onto the following account:
Account Number: 03 694 604 00
Sort Code: 700 800 00 (Commerzbank AG)
IBAN: DE51 7008 0000 0369 4604 00
SWIFT-BIC: DRES DE FF 700
Any possible bank transfer fees or additional charges will be covered by the customer.
Please keep in mind that all orders paid for in advance will only be processed once the payment has gone through.
Credits from returns will be transferred back onto your account.
§6 Shipping and Retention of Title
1) The merchandise will be ready to ship according to the timeframe quoted in the product listing and will be shipped by a transportation service provider we have arranged for. We ship worldwide to over 50 countries.
2) Rockberries.com has the right to make partial deliveries, in other words, to delivery each piece of jewelry individually.
3) The delivered goods remain full property of Rockberries.com until payment has been made in full.
4) If the ordered goods cannot be shipped on time or at all despite the conclusion of a bill of sale with Rockberries.com, you will be informed immediately. You have the right to refuse the delivery, to wait for the ordered goods or to back out of the contract. When a delivery is not possible then both parties have the right to cancel the contract. In case the customer options to cancel the order, they will also be reimbursed for any previous service charges.
§7 Right to Return
Right to Return:
1) You may return merchandise you have received without giving any reasons for the return within 30 days. This cancellation period of 30 days starts upon receipt of this notification in writing (i.e. as a letter, fax, e-mail), but not before the customer has received the merchandise (in case of a recurring delivery of merchandise of the same kind not before receipt of the first partial delivery), and equally not before Rockberries.com has fulfilled all obligation to provide information according to Article 246 § 2 in connection with § 1 section 1 and 2 of the Introductory Act of the German Civil Code (EGBGB) as well as the obligations of Rockberries.com according to §312g section 1 clause 1 German Civil Code (BGB) in connection with Article 246 § EGBGB. Only in cases when the merchandise is not suitable for dispatch by parcel (i.e. bulky goods) may the customer make a return by means of a return request in writing (i.e. by letter, fax or e-mail). If the returned merchandise is postmarked within the timeframe of the cancellation period then this is sufficient. In each case Rockberries.com assumes responsibility and covers the costs of the return. All returns or return requests must be sent to the following address:
Telefax: +49 (0) 89 / 244 164 114
2) In accordance with §312d section 4 clause 1 BGB the right to return does not include merchandise that was specifically created to a customer’s specification, was cut or altered for a customer’s personal preferences or that which is not suitable for return due to its specific nature.
Consequences of a Return
In the case of an effective return any payments received or, if applicable, any benefits achieved by use of the goods must be returned by both parties. In the event that the goods have been damaged in any way or for use (i.e. benefits of use) which cannot be reimbursed fully or partially or only in an impaired condition, then the customer will have to pay Rockberries.com an appropriate compensation. You will only have to pay compensation for a deterioration of the goods or for any benefits achieved if the use or the deterioration is the result of handling the merchandise in a way that exceeds the assessment of its attributes of functionality. “Assessments of attributes or functionality” is defined as testing and trying out the respective merchandise as is possible and common in a shop. Obligations with regard to the refund of payments must be met within 30 days. For the customer this period begins with the dispatch of the merchandise or the send date of the return request, for Rockberries.com with the receipt.
End of Instructions for Returning
All documents that might be of assistance for a return within Germany will be enclosed in your package. For returns outside of Germany you will find detailed information in the section “Help” (Customer Care; Returns and Exchanges).
Should you have any further questions concerning your right to return, please don’t hesitate to contact our customer care team:
Via e-mail: firstname.lastname@example.org
Tel.: +49 (0) 89 / 244 164 121
Fax: +49 (0) 89 / 244 164 114
§ 8 Conditions for add-on campaigns
1) By reaching the minimum purchase value during an add-on campaign, one add-on product is automatically placed in your shopping cart.
2) Per order only one add-on product can be received. If the purchase value is reduced by the return of products, and is then lower than the given minimum purchase value, the add-on product must also be returned. All returned products must be returned in the same shipment. Otherwise §7 Right to Return applies.
3) The duration of add-on campaigns is limited in time. The duration of each add-on campaign is provided on the image/sign referring to the add-on campaign our website. Orders outside the time limits will not contain the add-on product. Time extension is not possible.
§9 Customer Rights Concerning Defective Merchandise
1) Your warranty rights concerning delivery of defective merchandise corresponds with the legal regulations.
2) Rockberries.com notes that the condition of the goods is not in their visual presentation on the website. This also applies to the technically influenced variation in display of the color of merchandise on the internet. The merchandise available for purchase at Rockberries.com represents a digital photographic image of an actual product. Small discrepancies between presentation and the actual product do not constitute defective merchandise.
1) Rockberries.com is liable for malicious intent and gross negligence. Furthermore, we are liable for a negligent breach of terms which are required to be carried out in an orderly fashion so that the essential contract obligations are met, terms which, when breached, put the purpose of the contract at risk and whose fulfillment relies on gaining your trust as customer. However, in these instances we are only liable for foreseeable damage typical to the contract. We are not liable for minor cases of negligence other than the obligations mentioned above. The disclaimer above is not valid in cases of injury to life, body or health. The liability in accordance with product liability law remains unaffected.
2) The provision in section 1 is also valid for the liability of legal representatives, employees, agent or representative of Rockberries.com.
3) Rockberries.com is not liable for the functionality of computer networks, servers or data lines of its data center or the permanent availability of its online shop.
1) Rockberries.com takes the responsibility of handling your data very seriously and most certainly observes all legal provisions especially the Federal data protection law.
§12 Final Provisions
1) A right of set off is only possible when your claims have been legally established or are indisputable.
2) German law shall apply with the exception of the United Nations Convention on Contracts for the International Sale of Goods. The applicability of the mandatory standards of the state in which the consumer has his usual place of residence shall remain unaffected.
3) In case that one or more provisions are invalid, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced with one which is valid and equivalent to the original intentions of the mentioned parties. The same shall apply to any contractual loopholes.