Terms & Conditions
General Terms & Conditions of Sale
valid from 01.04.2017
Wörther Straße 32, 10405 Berlin, Germany
represented by Sandro Schieck
T +49 (0)30 120 85 689
(1) All offers, sales contracts, deliveries and services made on the basis of any orders by our Customers through our online shop www.radian-jewelry.com/shop (“Online Shop”) shall be governed by these General Terms and Conditions of Sale in the version which has been valid at the time of placing the order by the Customer.
(2) The product offerings in the Online Shop are directed to both Consumers and Business Customers, but in each case only to end users. For the purpose of these General Terms and Conditions,
(i) a “Consumer” is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity,
(ii) a “Business Customer” is an individual, company or partnership vested with legal capacity who enters into the relevant contract in the conduct of its business or its self-employed professional activity.
(3) Standard business conditions of the Customer do not apply, unless their application is subject to our explicit written approval.
(4) Our contracts with the Customer shall be made exclusively in the English language.
2. Conclusion of Contract
(1) Our offerings in the Online Shop are non-binding.
(2) By placing an order in the Online Shop, the Customer makes a binding offer to purchase the relevant product. An order of the product is concluded after the following steps:
a) Selection of product by clicking on the respective product,
b) Selection of the size or colour by clicking on the respective button “Choose size” or “Choose colour” (insofar as varying sizes or colours are available and being offered),
c) Adding the product to the cart by clicking the button “Add to cart”,
d) Examination of the chosen product, colour and sizes in the cart by clicking the button “View cart”,
e) Possibility to update and show the order total by chosing the disired country to make the shipping to under “Calculate Shipping”,
f) Transfer to the shipping and payment process by clicking the button “Proceed to checkout”,
g) Entry of the billing details with the possibility to enter a different shipping address if wished,
h) Automatic update of the order total depending on the country selected in the billing details. The updated order total is visible in the Order details on the same page,
i) Possibility to leave a note about the order in the “Order notes”,
j) Selection of payment method,
k) Confirmation of acknowledgement to our General Terms and Conditions of Sale, the therein included right of withdrawal and data protection policy by checking a checkbox next to the respective link “terms & conditions”,
l) Binding submission of payment obliging order by clicking the button “Buy Now”.
The Customer can correct input errors at any time and at the latest before sending off the binding order by clicking on the “Back” button of the internet browser in order to get back to the page where the details of the Costumer were given and can be corrected. The Customer can cancel the order process at any time by shutting down the internet browser.
(3) The offer will remain open for acceptance by us for a period ending at the end of the third business day following the day of the offer.
(4) When the Customer places an order, he or she immediately receives a confirmation of the order via e-mail (“Order Confirmation E-mail”). The Order Confirmation E-mail is an acknowledgement that we have received the order, and does not confirm acceptance of the offer to buy the product ordered.
(5) The sales contract with the Customer shall not become effective until our acceptance. The order shall be deemed to be accepted by us either upon a further contract note via E-mail (“Contract Note E-Mail”) or by dispatching the product.
3. Dispatch of the Product and Delivery
(1) Any time period to determine the date of dispatch pursuant to this section 3 shall begin on the date the Customer receives the Contract Note E-Mail. The date of dispatch shall be such day on which the product is handed over by us to the carrier. We will inform the Costumer in the Contract Note E-Mail if items are in stock. If items are in stock we shall be required to dispatch the product within a period of 3 business days. If ordered items are not in stock we shall be required to dispatch the product within 3 weeks.
(2) We shall be entitled to make partial deliveries and perform partial services at any time as long as this is reasonable for the customer. We shall bear any additional shipping costs caused thereby.
(3) In the event that the product is no longer available, we will not send a Contract Note E-Mail at all. We shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order. In the event that the product cannot be timely delivered within 3 weeks we shall without undue delay inform the Customer thereof. In this case both parties shall be entitled to terminate the sales contract. In case of such termination, we shall without undue delay reimburse the Customer any payments which the Customer has made to us in respect of the order.
4. Shipment and Passing of Risk
(1) Unless expressly otherwise agreed upon, we shall be free to determine the appropriate mode of shipment and to select the carrier at our reasonable discretion. The delivery of the goods will take place to the shipping address provided by the Customer. Our products are only delivered to countries of the European Union.
(2) From the date of dispatch estimated delivery time is:
– to addressees in Germany 1 to 3 business days
– to addressees in the EU 2 to 7 business days
Express shipping is not possible.
(3) If the Customer is a Consumer, the risk of accidental destruction, damage or loss of the delivered product shall pass to the Customer upon delivery of the product to the Customer or upon the Customer’s default of acceptance. In all other cases, such risk shall pass to the Customer upon delivery of the product by us to the carrier.
5. Prices and Payment
(1) Our prices include statutory VAT and other applicable taxes. The prices shown do not include the delivery fee, which will be added to the Customer’s total order price in accordance with the paragraph below.
(2) The delivery fee can be calculated according to your postcode, the weight, size, nature and value of your goods. To view shipping costs, the Customer adds the product to the shopping cart, proceeds to the checkout page and selects the country the shipping is made to. The shipping costs can also be found on the indicated page (delivery & payment).
(3) Payment for the product ordered from the Online Shop is to be made by Direct Bank Transfer or PayPal. If the Customer chooses Direct Bank Transfer, the information about our bank account will be shown in the order confirmation page at the end of the buying process.
The right to accept other forms of payment in individual cases is reserved to us.
(4) The goods shall remain the property of RADIAN until they have been paid for in full. The goods will not be shipped before they have been paid for in full.
(5) The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision.
(1) The statutory warranty rights shall be valid.
(2) In the event that the Customer is a Business Customer claims for defects shall lapse within 12 months from delivery of the goods.
RADIAN shall be liable without limitations in the case of injury to life, body and health. In the event of impossibility and delay and in the event of the violation of material contractual duties, we shall also be liable for slight negligence; however, this is limited to typical, foreseeable damage. Material contractual duties (cardinal obligations) are such contractual duties, the fulfillment of which allows the proper performance of the contract in the first place and on the compliance with which the Customer regularly relies and also may rely. Typical, foreseeable damage is that which falls under the protective purpose of the respectively violated contractual standard. Otherwise, we shall not be liable in the event of slight negligence. The aforementioned limitations of liability shall also apply to corporate bodies and agents of RADIAN.
8. Statutory Right of Withdrawal
(1) You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
(2) To exercise the right of withdrawal, you must inform us (RADIAN, Sandro Schieck, Wörther Straße 32, 10405 Berlin, Germany, firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
(3) To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
(4) Effects of withdrawal:
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
(5) You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(6) You can find the model withdrawal form here.
9. Storage of the Contract Text
(1) The Customer’s order with the order data provided by the Customer is stored by us. We also store the contract note with the General Terms and Conditions valid at the order date included in the contract.
(2) The Customer can save and print the order confirmation and contract note sent to him by us via e-mail. The Customer can click on, save and print the General Terms and Conditions during or immediately after the order process. Furthermore, a PDF of the General Terms and Conditions is attached in the e-mail containing the Order Confirmation E-mail.
10. Data Protection
(1) We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law. The legal framework for data protection is found in the German Federal Data Protection Act (BDSG) and the Telemedia Act (TMG).
(2) We shall not make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that a disclosure is required under applicable law. We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this section. Please be aware that data transfer via the internet is subject to security risks and, therefore, complete protection against third-party access to transferred data cannot be ensured.
(3) On the basis of the Federal Data Protection Act, the Customer may contact us at no cost if he or she has questions relating to the collection, processing or use of his or her personal information or if the costumer wishes to request the correction, blocking or deletion of the same, or if the costumer wishes to cancel explicitly granted consent. Please note that the Costumer has the right to have incorrect data corrected or to have personal data deleted, where such claim is not barred by any legal obligation to retain this data.
11. Applicable Law and Competent Law
(1) Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions.
(2) If the Customer is a corporation, limited liability company or commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or is a legal entity or special fund organized under public law the courts in Berlin shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.
12. Severability Clause
Should one or more of these General Terms and Conditions be or become invalid, this does not affect the validity of the remaining provisions of the General Terms and Conditions.