General Standard Terms and Conditions:

von

Juwelier Köck

Am Graben 22

1010 Wien

info@vonkoeck.com

I. Scope of application of the General Terms and Conditions

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts, deliveries and services concluded via the online shop of Juwelier Köck (hereinafter referred to as "VON KÖCK") under www.vonkoeck.com between VON KÖCK and customers who are consumers. The General Terms and Conditions are valid in their respective current version at the time of the order and are directed under the term “customer” or “consumer” to women and men equally. 

II. Recognition of the GTC

The customer acknowledges these terms and conditions and agrees to them as soon as an order is placed. Furthermore, the customer gives his consent that the (personal) data provided by him in the course of registration and ordering may be used in order to process the order as well as in accordance with the data protection declaration.

III. Protective clause

The inclusion of general terms and conditions or terms of contract of the customer, which deviate from these GTC, is rejected, unless these are expressly acknowledged by VON KÖCK in writing.

IV. Performance description

The main service of VON KÖCK is the delivery of the goods ordered in the online shop. The quality of the goods and their prices are ultimately determined by the information on the website or from the order documents. VON KÖCK is entitled to change the offers at any time if change is required. VON KÖCK cannot guarantee that the online shop will be available at all times and is not liable for system failures or other technical faults. VON KÖCK also offers a reservation service in which goods can be reserved by the customer for 48 hours without obligation. However, VON KÖCK does not guarantee the availability of the goods in every case and no rights can be derived for the customer from a reservation. A prerequisite for the use of the online shop by the customer is compliance with common technical system requirements. The customer is prohibited from using the content in a manner that compromises the security or performance of the infrastructure of VON KÖCK.

V. Conclusion of the contract

1. Online presence of VON KÖCK on the website www.vonkoeck.com

The product presentation on the website does not constitute a binding offer in the legal sense. It is an invitation to the customer to submit an offer himself. The customer makes the offer in the legal sense by placing the order. 

2. Order process By placing the desired items in the shopping cart, the customer selects the wanted goods. By clicking on the "Shopping cart" button, the order process is then continued. The customer must then accept the "General Terms and Conditions" together with the cancellation policy and proceed to checkout. On the following page, the customer is asked to enter his personal data and confirm the delivery method. The customer then selects "Continue to pay" and selects the desired payment method and enters the billing address. When choosing the external payment service Wirecard, the customer is redirected to the external website of the provider and the purchase is confirmed. Before placing the order, the relevant data for the order are summarized in an "order overview", which also results in taxes and shipping costs. The customer is free to check his details in the order again and, if necessary, to correct it before sending his order to VON KÖCK by clicking on the button "Order subject to payment". By clicking on the button "Order subject to payment" the customer makes a binding purchase offer in relation to the selected goods or services. VON KÖCK endeavours to deliver the goods as quickly as possible. In the event of delays, the customer waives the assertion of claims for damages in this regard. 

3. Order confirmation After receiving the order, VON KÖCK sends a notification per e-mail to the e-mail address provided by the customer, in which the receipt of the order is confirmed and its contents are reproduced (hereinafter referred to as "Order Confirmation"). The order confirmation does not represent an acceptance by VON KÖCK of the customer's purchase offer. The acceptance of the offer by VON KÖCK is expressly made in a separate e-mail or by sending the ordered goods. VON KÖCK is entitled not to accept orders for any reason whatsoever. If VON KÖCK refuses to conclude the contract, this will be communicated to the customer immediately by e-mail. The customer agrees to the dispatch of the invoice together with the goods. VON KÖCK sends the order confirmation described under V.3 and these GTC with cancellation policy incl. withdrawal form to the e-mail address specified by the customer. The customer is obliged to announce changes to his e-mail address or other contact details without delay. If such a communication is omitted, declarations shall also be deemed to have been received if they are sent to the last address posted. 

VI. Cancellation policy

If the customer is a consumer within the meaning of the Consumer Protection Act and if he has placed his order by mail, telephone, fax, e-mail or via the online shop, he has the right to revoke the contract within 14 days without giving reasons under the Austrian Distance Selling Act. The withdrawal period is 14 days from the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the goods. The right of withdrawal is extended by 12 months if the customer has not received correct information about the right of cancellation. In order to exercise the right of cancellation, the customer must inform

Juwelier Köck

Am Graben 22

1010 Wien

info@vonkoeck.com

of the decision to withdraw from this contract by means of a clear declaration

(e.g. an e-mail or a letter sent per mail). 

Sample text for the cancellation

Hereby I/we (*) revoke the contract concluded by me/us (*) for the purchase of the following goods Ordered on(*)/received on

(*)Name of the consumer(s)

address of the consumer(s)

signature of the consumer(s) (only in case of communication on paper)

DATE

___________

*Delete as applicable 

In order to comply with the withdrawal period, it is sufficient for the customer to send the notification on the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of cancellation If the customer withdraws from this contract, VON KÖCK shall repay all payments received from the customer, including delivery costs (with the exception of the additional costs resulting from the customer's choice of a type of delivery other than those offered by VON KÖCK), immediately and at the latest within 14 days from the day on which the notification of your cancellation of the contract has been received by VON KÖCK. For this repayment, VON KÖCK uses the same means of payment that the customer used in the original transaction, unless otherwise expressly agreed with the customer; under no circumstances will the customer be charged any fees for this repayment. VON KÖCK may refuse the refund until VON KÖCK has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier. The customer must return or hand over the goods to VON KÖCK immediately and in any case no later than 14 days from the day on which the customer informs VON KÖCK of the cancellation of the contract. The deadline is met if the customer sends the goods before the expiry of the period of 14 days. The customer bears the direct costs of returning the goods. The customer shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for checking the condition, properties and functionality of the goods.  End of cancellation policy

Withdrawal / cancellation in accordance with the above provisions is excluded in the case of goods manufactured according to customer requirements or are clearly tailored to the personal needs of the customer (e.g. individual ring sizes) (cf. Section 18 (1) point 3 FAGG). This is especially true for jewellery with individual engraving. When returning the jewellery, the customer must put the jewellery, the VON KÖCK certificate and - if available - the international stone certificate together with the jewellery box and the completed return receipt into the original shipping box and seal it. If the original box is no longer available, a sturdy mailbox must be used, and the rest of the space must be filled as well. If the international stone certificate is no longer available, VON KÖCK must charge € 150,- for the production of a duplicate. The right of withdrawal does not apply to consumers who are not EU citizens, whose residence is outside the EU and who give a delivery address outside the EU.

VII. Voluntary return goods

If a piece of jewellery or a watch does not meet a customer's expectations, the customer may return it within 14 days of delivery. VON KÖCK voluntarily assumes the costs if the safety label on the jewel or watch is undamaged. The return label must be glued to the shipping box and the package must be taken to the nearest FedEx parcel station. Alternatively, the customer can send an email to info@vonkoeck.com with the time and address where a FedEx driver can pick up the package for VON KÖCK. VON KÖCK will gladly take on the organization of the return and confirm the collection again and the customer only has to have the package with return label ready for collection at the said time at the mentioned location. Alternatively, the customer can also take his return to a FedEx station nearby (https://www.fedex.com/locate/index.html?locale=at_AT). VON KÖCK will cover the postage costs. The customer must keep the receipt from FedEx until the full completion of the return. Over the next few days, the customer will receive a refund for faultless returned items. 

VIII. Prices and Transfer of Risk

 1. All prices are total; they include shipping and packaging costs as well as the legal sales tax (VAT).

2. VON KÖCK will pay all delivery costs in Austria and abroad for both shipments and returns as defined in point VIII. In addition, all shipments and returns are insured. Delivery is usually made by FedEx.

3. Errors in prices are reserved. If the correct price is higher, the customer will be contacted; in this case, a contract will only be concluded if the customer wishes to buy at the actual price. If the correct price is lower, this price will be charged.

4. The delivery will be carried out as an express delivery with FedEx parcel exclusively to the recipient specified in the order (i.e. the customer or a third party designated by the customer). Deliveries are made exclusively within Austria as well as to other countries mentioned in the webshop. The goods are dispatched within 2-4 working days after completion.

5. As the customer's representative, VON KÖCK determines the type and route of transport for shipping. Upon delivery, use and risk shall pass to the customer, if he is a consumer within the meaning of the Consumer Protection Act, as soon as the goods are delivered to him or to a third party designated by him and different from the carrier. However, if the consumer himself has concluded the contract of carriage without using a choice proposed by VON KÖCK, the risk shall already pass to the carrier upon delivery of the goods.

6. Any returns by the customer (even in the event of a possible withdrawal/cancellation) shall be made in the same way as the shipment to the customer. The customer is also obliged to provide an insurance during transport that is equivalent to the one provided to the customer. 

IX. Online login / terms of delivery

1. Any customer who has received an online login to the online shop shall use it exclusively for himself. The online login is only valid for a specific person. It is not permitted to pass on the online login to third parties.

2. VON KÖCK is not responsible for the existence of delivery obstacles in the area of suppliers or manufacturers. If the delivery or compliance with an agreed delivery time becomes impossible due to circumstances beyond the control of VON KÖCK, VON KÖCK is entitled to withdraw from the contract in whole or in part. VON KÖCK will immediately inform the customer in this regard. Claims for damages are excluded in this case.

X. Maturity and retention of title

1. The purchase price is due at the latest upon delivery of the goods.

2. The delivered goods remain the property of VON KÖCK until full payment has been received.

3. If third parties access the goods under retention of title, the customer is obliged to point out the existing reserved property of VON KÖCK.

XI. Payment terms

VON KÖCK accepts the following payment methods:

1. Shopify Payments: Shopify International Limited

Gesellschafts-Identifikationsnummer: 560279

Adresse: Victoria Buildings, 2. Etage

1-2 Haddington Road

Dublin 4, D04 XN32, Irland

2. The statutory default regulations shall apply. Dunning costs can be claimed from the second reminder onwards.

XII. Warranty

1. The statutory warranty provisions apply to consumers. Accordingly, VON KÖCK provides a warranty for defects which were already present at the time of delivery and which occur within two years of the delivery of the goods.

2. The warranty is excluded in the event of defects caused by the customer. This is particularly the case with improper handling or usage.

3. If delivered goods show obvious material or manufacturing defects (including transport damage), the customer is requested to notify VON KÖCK immediately.

4. It should be noted that jewellery, watches and gemstones may show signs of wear and tear when worn. However, this does not constitute a defect of the goods.

5. The customer decides on the chosen ring size for himself, which can vary depending on the daily condition. VON KÖCK can therefore not assume any liability or warranty in this respect.

6. Insofar as a manufacturer's warranty exists, the customer must assert the claims arising from it directly against the manufacturer. The liability of VON KÖCK under the warranty is excluded.

7. The products shown on the website are photographs or graphics, so they may differ from reality in size and material, but this is not a defect. 

XIII. Disclaimer

1. Claims for damages by the customer against VON KÖCK are excluded, unless VON KÖCK or its vicarious agents have acted with intent or gross negligence.

2. Liability for damages resulting from injury to life, body and health as well as for items taken over for repair or adaptation in the case of consumer transactions remains unaffected. 

XIV. Force majeure

VON KÖCK shall not be liable for impossibility, delays or deficiencies in performance, so far as these events are caused by force majeure or other events which were not foreseeable at the time of conclusion of the contract (e.g. server, internet failure, operational disruptions of all kinds, difficulties in the procurement of materials or energy, transport delays, strikes, lawful lockouts, shortage of labour, energy or raw materials, difficulties in obtaining necessary official permits, official measures, terrorism, natural phenomena, riots, revolution, civil war, etc.) for which VON KÖCK is not responsible. If such events make it significantly more difficult or impossible for VON KÖCK to provide the service and the obstruction is not only temporary, VON KÖCK is entitled to terminate the contract without notice or withdraw from the contract at its discretion. In the event of temporary obstacles, the delivery or performance deadlines shall be extended, or the delivery or performance dates shall be postponed by the period of the hindrance plus an appropriate start-up period. As far as the customer cannot be expected to accept the service as a result of the delay, he can revoke the contract by an immediate declaration in text form to VON KÖCK. Unreasonableness usually occurs if the hindrance lasts for a continuous period of more than 90 days. 

XV. Exclusion of set-off

The customer is not entitled to set off against claims of VON KÖCK, unless the counterclaims of the customer are legally established or undisputed.

XVI. Right of withdrawal of VON KÖCK

If there is a delay in payment or acceptance on the part of the customer, VON KÖCK is entitled to withdraw from the contract, as well as for other important reasons. If the customer is in default of payment, VON KÖCK has no further obligation to perform and VON KÖCK is entitled to withhold open services and demand advance payment. 

XVII. Data protection

The provisions on data protection are contained in the data protection declaration.

XVIII. Copyrights

VON KÖCK has copyrights or rights of use in all images, films and texts etc. published on its websites. The use of the images, videos, films and texts is not permitted without the express written consent of VON KÖCK. 

XIX. Applicable law

For consumers domiciled/habitually resident in Germany, the law of the Federal Republic of Germany applies under exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers residing/habitually residing in Austria, the law of the Republic of Austria applies under exclusion of the UN Convention on Contracts for the Sale of Goods. 

XX. Jurisdiction

In the case of disputes arising from contracts concluded under these General Terms and Conditions, claims by consumers shall be subject to either the Austrian courts or courts of the place where the customer has his domicile/habitual residence. In the event of disputes between VON KÖCK and other persons arising from contracts concluded under these GtC, the Austrian courts shall have jurisdiction at the registered seat of VON KÖCK.

XXI. Amendment to the General Terms and Condition / Reservation of Change

VON KÖCK is entitled to unilaterally amend these General Terms and Conditions, whereby such changes only apply to subsequent orders. By placing his order, the customer accepts the applicable general terms and conditions. Amendments and additions to these General Terms and Conditions must be made in writing. Verbal collateral agreements are not binding for VON KÖCK. 

XXII. Information for dispute settlement

Consumers have the opportunity to make complaints to the Online Dispute Resolution Platform of the EU: http://ec.europa.eu/odr. You can also submit your complaint directly to us at info@vonkoeck.com. 

XXIII. Severability Clause

If any provision of these GTC shall be ineffective, the validity of the remaining provisions shall not be affected thereby.

5.12.2019

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