General Terms and Conditions
1. Scope, general
1. The THOMAS SABO online shop is aimed exclusively at consumers. According to § 13 of the German Civil Code, a consumer is a natural person who concludes a legal transaction with a predominant objective that can be attributed neither to his/her commercial activities nor his/her work as a self-employed person.
2. The present General Terms and Conditions apply to all purchase contracts concluded via the THOMAS SABO Online Shop between us, the THOMAS SABO GmbH & Co. KG, Silberstrasse 1, 91207 Lauf, Germany, and you in your capacity as consumer.
3. In all cases, it is the version of the General Terms and Conditions available on the Websites, and hence the valid General Terms and Conditions, at the time of concluding the contract that is decisive.
2. Contract conclusion; reservations
1. Upon concluding the order process by activating the "Purchase now" button, you bindingly declare your offer to purchase the goods selected by you (order); we will immediately confirm receipt of the order by e-mail using the e-mail address provided by you. The receipt confirmation is not a binding acceptance of the order; it can however be linked with an explicit acceptance declaration.
2. We are entitled to accept the contract offer included in the order within three working days following receipt. We will accept the order by means of an e-mail confirmation or by dispatching the ordered goods. The purchase contract is only concluded by means of this acceptance. We are entitled to reject the order; for example, after checking your credit worthiness. In this case, we will inform you of the rejection in writing or by e-mail.
3. We reserve the right to sell goods in common household quantities only.
4. We sell while supplies last only.
5. After concluding the entry and prior to the binding dispatch of the order by means of activating the "Purchase now" button, all the order details are displayed for you; here, you have the opportunity to correct entry errors.
6. The contract text is saved by us and sent to you by e-mail along with these General Terms and Conditions following receipt of your order.
3. Prices, costs and payment terms
1. The price given on the THOMAS SABO online shop at the time the order is placed is binding. The price includes the respectively valid VAT, insofar as this applies. No VAT is charged in non-EU countries. In this case, the customs and import duties are borne by us.
2. A price offered within the context of special offers is exclusively limited to the special campaign. Special campaigns are always indicated as such.
3. Shipping charges apply to deliveries. These charges are displayed to you prior to concluding the order process.
4. Payment of goods is fundamentally possible by means of credit card (secured by 128-bit SSL encryption) or PayPal; purchasers in Germany, Austria and Switzerland can, depending on the type and value of the order, also pay on account. The payment types concretely available to you are displayed during the ordering process.
5. When paying using a credit card, the card is immediately debited. When paying on account, you must pay the amount within 21 calendar days following invoice date.
6. The right of the customer to offset counter-claims shall only exist if these counter-claims are uncontested or have been ascertained to be legally binding. You can only assert the right of retention if your counter-claim is based on the same contract relation.
4. Delivery, delivery time and shipping charges
1. We ship within the EU, Norway and Switzerland. The billing and delivery address must be in the same country to enable us to process your order.
2. You will be informed of the binding period within which we will dispatch the goods in the event of the acceptance of your order (delivery time) during the course of the ordering process. The delivery time begins on the working day following receipt of your order.
3. If, for reasons for which you are responsible, the goods cannot be delivered, additional shipping charges will apply in the event of redelivery. In these cases, the shipping and return costs will be borne by you. In the case of a cancellation, Point 7 takes priority.
5. Reservation of proprietary rights; bonus products
1. The delivered goods remain our property until full payment of the purchase price.
2. You must handle the goods with care until transfer of ownership has taken place.
3. Prior to transfer of ownership, you must neither pledge the goods nor assign them to third parties as collateral. You must inform us immediately in writing in the event of pledges, seizure or other third party dispositions.
4. We reserve the right to reclaim bonus products granted without legal obligation in case preconditions for granting such bonus product should not or no longer be fulfilled.
Precondition for granting a bonus product is that the purchase contract continues to exist in the amount of the minimum order value. If you return all or part of the goods, for example by exercising your right of cancellation, and consequently fall below the minimum order value, then you will, also retrospectively, no longer be granted a bonus product for that purchase. In such case please send the bonus product together with the return of goods back to us. Should you however wish to purchase the bonus product instead, please contact our Customer Service Department directly.
6. Liability for defects
The valid legal stipulations relating to the liability for defects apply.
7. Cancellation instructions
You have the following right of cancellation:
You are entitled to cancel this contract within fourteen days without providing a reason. The cancellation period is fourteen days from when you or a third party appointed by you who is not the carrier has taken possession of the goods.
To exercise your right of cancellation, you must inform us (THOMAS SABO GmbH & Co. KG, Silberstraße 1, D-91207 Lauf; e-mail: email@example.com) of your decision to cancel this contract by means of an unambiguous declaration (for example, a letter by post, fax or e-mail). For this, you can use the enclosed sample cancellation form, although this is not mandatory.
To observe the cancellation period, it is sufficient to send us notification of the exercising of the right of cancellation prior to the expiry of the cancellation period.
Goods finished in accordance with customer specifications or goods which have been clearly tailored to the personal requirements of the customer (i.e. engraved items) are non-returnable. All engraved items of jewellery are specifically for final sale and have been engraved according to customer specifications. THOMAS SABO is not liable for errors that are the result of customer instructions or specifications.
Effects of cancellation
If you cancel this contract, we will return all payments received from you, including the shipping costs (with the exception of additional costs arising as a result of you choosing a different form of shipping to the standard, less expensive shipping offered by us), immediately and no later than fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we will use the same means of payment as used by you during the original transaction, unless otherwise explicitly agreed with you; under no circumstances will you be charged fees for this repayment. We can refuse repayment until we have received the goods or until you have provided evidence that you have returned the goods, depending on which event is earlier.
You must send back the goods or hand them over to us without undue delay and no later than fourteen days from the day on which you notified us of the cancellation of this contract. The deadline is met if you return the goods prior to the end of the fourteen-day deadline. The direct costs for returning the goods are borne by you. You must only pay for any potential loss in value of the goods if this loss in value is the result of unnecessary handling of the goods caused by checking the composition, properties and function of the goods.
- End of the cancellation instructions -
8. Applicable law
The law of the Federal Republic of Germany applies, with the exception of UN purchasing law, which expressively shall not apply. This choice of law applies only insofar as the protection provided is not withdrawn by compulsory provisions of the law of the country in which the consumer habitually resides.
9. Information on online dispute resolution
We are neither obligated to participate in a dispute-resolution procedure in front of a consumer arbitration board, nor are we willing to do so. Our e-mail for consumer complaints is: firstname.lastname@example.org