TERMS & CONDITIONS

THIS WEBSITE IS OWNED AND OPERATED BY ELENA KAYSER. THESE TERMS SET FORTH THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE OUR WEBSITE AND SERVICES AS OFFERED BY US. THIS WEBSITE OFFERS VISITORS PURCHASE AND/OR MANUFACTURE OF JEWELRY. BY ACCESSING OR USING THE WEBSITE OF OUR SERVICE, YOU APPROVE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

IN ORDER TO USE OUR WEBSITE AND/OR RECEIVE OUR SERVICES, YOU MUST BE AT LEAST 18 YEARS OF AGE, OR OF THE LEGAL AGE OF MAJORITY IN YOUR JURISDICTION, AND POSSESS THE LEGAL AUTHORITY, RIGHT AND FREEDOM TO ENTER INTO THESE TERMS AS A BINDING AGREEMENT. YOU ARE NOT ALLOWED TO USE THIS WEBSITE AND/OR RECEIVE SERVICES IF DOING SO IS PROHIBITED IN YOUR COUNTRY OR UNDER ANY LAW OR REGULATION APPLICABLE TO YOU.

KEY COMMERCIAL TERMS OFFERED TO CUSTOMERS:

WHEN BUYING AN ITEM, YOU AGREE THAT: (I) YOU ARE RESPONSIBLE FOR READING THE FULL ITEM LISTING BEFORE MAKING A COMMITMENT TO BUY IT: (II) YOU ENTER INTO A LEGALLY BINDING CONTRACT TO PURCHASE AN ITEM WHEN YOU COMMIT TO BUY AN ITEM AND YOU COMPLETE THE CHECK-OUT PAYMENT PROCESS.

THE PRICES WE CHARGE FOR USING OUR SERVICES / FOR OUR PRODUCTS ARE LISTED ON THE WEBSITE. WE RESERVE THE RIGHT TO CHANGE OUR PRICES FOR PRODUCTS DISPLAYED AT ANY TIME, AND TO CORRECT PRICING ERRORS THAT MAY INADVERTENTLY OCCUR.

“THE FEE FOR THE SERVICES AND ANY OTHER CHARGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SERVICE, SUCH AS TAXES AND POSSIBLE TRANSACTION FEES, WILL BE CHARGED ON A MONTHLY BASIS TO YOUR PAYMENT METHOD.

SHIPPING:

SHIPPING MAY VARY DEPENDING ON THE ORDER SITUATION. ON AVERAGE, A DEADLINE OF ONE WEEK SHOULD BE OBSERVED. IF YOUR ORDER NEEDS TO BE DELIVERED BY A CERTAIN DATE I WILL DO MY BEST TO ACCOMMODATE YOUR REQUEST—IN THIS CASE, PLEASE CONTACT VIA EMAIL. THE CUSTOMER IS RESPONSIBLE FOR PAYMENT OF ALL DUTIES OR TAXES IMPOSED BY THE DESTINATION COUNTRY FOR DELIVERY.

RETURNS:

FOR THE STANDARD PIECES, YOU HAVE THE RIGHT TO RETURN WITHIN 14 DAYS OF PURCHASE. PLEASE CONTACT VIA MAIL AND GIVE THE REASON FOR YOUR RETURN. CUSTOM-MADE PRODUCTS CAN NOT BE RETURNED.

WARRANTIES & RESPONSIBILITY FOR SERVICES AND PRODUCTS:

WHEN WE RECEIVE A VALID WARRANTY CLAIM FOR A PRODUCT PURCHASED FROM US, WE WILL EITHER REPAIR THE RELEVANT DEFECT OR REPLACE THE PRODUCT. IF WE ARE UNABLE TO REPAIR OR REPLACE THE PRODUCT WITHIN A REASONABLE TIME, THE CUSTOMER WILL BE ENTITLED TO A FULL REFUND UPON THE PROMPT RETURN OF THE PRODUCT TO US. WE WILL PAY FOR SHIPMENT OF REPAIRED OR REPLACED PRODUCTS TO CUSTOMER AND CUSTOMER WILL BE RESPONSIBLE FOR RETURN SHIPMENT OF THE PRODUCT TO US.

LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELENA KAYSER, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELENA KAYSER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; AND (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.

INDEMNIFICATION:

YOU AGREE TO INDEMNIFY AND HOLD ELENA KAYSER HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING ATTORNEYS’ FEES), MADE AGAINST THEM BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OF THE SERVICES OFFERED ON THE WEBSITE.

RIGHT TO CHANGE AND MODIFY TERMS:

WE RESERVE THE RIGHT TO MODIFY THESE TERMS FROM TIME TO TIME AT OUR SOLE DISCRETION. THEREFORE, YOU SHOULD REVIEW THESE PAGE PERIODICALLY. WHEN WE CHANGE THE TERMS IN A MATERIAL MANNER, WE WILL NOTIFY YOU THAT MATERIAL CHANGES HAVE BEEN MADE TO THE TERMS. YOUR CONTINUED USE OF THE WEBSITE OR OUR SERVICE AFTER ANY SUCH CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE NEW TERMS. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR ANY FUTURE VERSION OF THE TERMS, DO NOT USE OR ACCESS (OR CONTINUE TO ACCESS) THE WEBSITE OR THE SERVICE.

PREFERENCE OF LAW AND DISPUTE RESOLUTION

THESE TERMS, THE RIGHTS AND REMEDIES PROVIDED HEREUNDER, AND ANY AND ALL CLAIMS AND DISPUTES RELATED HERETO AND/OR TO THE SERVICES, SHALL BE GOVERNED BY, CONSTRUED UNDER AND ENFORCED IN ALL RESPECTS SOLELY AND EXCLUSIVELY IN ACCORDANCE WITH THE INTERNAL SUBSTANTIVE LAWS OF GERMANY/ HESSEN, WITHOUT RESPECT TO ITS CONFLICT OF LAWS PRINCIPLES. ANY AND ALL SUCH CLAIMS AND DISPUTES SHALL BE BROUGHT IN, AND YOU HEREBY CONSENT TO THEM BEING DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION LOCATED IN DARMSTADT. THE APPLICATION OF THE UNITED NATIONS CONVENTION OF CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS HEREBY EXPRESSLY EXCLUDED.