General terms and conditions of business

§ 1 Scope & defense clause

​( 1) The following general terms and conditions apply exclusively to the legal relationships established via this internet shop between the operator of the shop (hereinafter “provider”) and its customers in the current version at the time of the order.

(2) Any deviating general terms and conditions of the customer will be rejected.

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§ 2 Conclusion of the contract

​( 1) The presentation of the goods in the online shop does not constitute a binding offer from the provider to conclude a purchase contract. The customer is simply asked to submit an offer by placing an order.

(2) By submitting the order in the online shop, the customer makes a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By submitting the order, the customer also recognizes these terms and conditions as solely relevant to the legal relationship with the provider.

(3) The provider confirms receipt of the customer's order by sending a confirmation email. This order confirmation does not yet represent acceptance of the contract offer by the provider. It merely serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contractual offer occurs through the delivery of the goods or an express declaration of acceptance.

​§ 3 Registration

(1) Creating a customer account on lymaja.com is optional and not required to purchase goods. If an account is opened, truthful information must be provided. If personal data changes, we ask that these changes be transferred to the customer account immediately. Otherwise there may be delivery/delivery problems (e.g. if the address changes). The account access data may not be passed on to third parties. Each customer is only allowed to create one account.
(2) A customer account can be terminated by either party at any time. Purchase contracts that have already been concluded or applications to conclude a contract remain unaffected by this.

  

§ 4 Retention of title

​The delivered goods remain the property of the provider until full payment has been made.

  

​§ 5 Due date

Payment of the purchase price is due upon conclusion of the contract.

§ 6 Prices and payment

(1) The prices stated in the seller's online shop include statutory VAT. These are final prices, which can be supplemented by any shipping costs. Additional shipping costs will be stated separately during the ordering process when selecting the desired shipping method.
(2) The online shop Lymaja Jewelry offers buyers the following payment methods:

  • Credit card: The debit takes place after the goods have been dispatched or the service is available.
  • PayPal: At Lymaja Jewelry, payment via PayPal is also possible. The buyer pays the purchase price via the payment service provider PayPal (Europe) S.à rl et SCA, 22-24 Boulevard Royal, L-2449 Luxembourg. As a rule, this provider offers its customers various payment options: redemption of PayPal credit, collection by direct debit or credit card. As part of the ordering process, after selecting this option, you will be automatically redirected to PayPal. There the buyer can log in with their existing access data or register again if they do not yet have an account. After determining the desired payment method, the process is completed by confirmation from the buyer.
  • Google Pay: If you would like to pay for your purchase at Lymaja Jewelry with Google Pay, click on the corresponding logo when selecting the payment options. In the next step you will be asked to check the shopping cart value and confirm the desired payment method. Please remember to select the correct delivery address if you have entered more than one. As soon as the purchase is completed, the goods will be shipped to you immediately.
  • Amazon Pay: If you decide to pay via Amazon Pay, you will be redirected to log in to Amazon. After entering your details, you can check and confirm your purchase. Depending on your personal preference, the amount will be collected by Amazon via direct debit.
  • Invoice purchase, installment purchase and instant transfer via Klarna: In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, the following payment options are offered. For the invoice and installment purchase variants, payment is made directly to Klarna:
    Invoice: The payment period is 14 days from the dispatch of the goods or, in the case of other services, from the provision of the service. The complete billing conditions for the countries in which this payment method is available can be found here.
    Installment purchase: With Klarna's financing service, purchases can be paid for in fixed or flexible monthly installments under the terms specified in the checkout. The installment payment is due at the end of the month after Klarna sends a monthly invoice. Further information on installment purchase including the general terms and conditions and the European standard information for consumer credit for the countries where this payment method is available can be found here.
    Instant transfer: The instant transfer option enables secure payment in real time. The prerequisite is the presence of online banking access. After selecting this payment method, you will be redirected to Klarna's secure instant transfer form. This is not accessible to the dealer. To process the transaction, you must enter your personal account information (IBAN, BIC) as well as the relevant online banking PIN. Depending on the personal form of transaction, the TAN is entered for confirmation. The account will be immediately debited with the purchase amount and the amount will be credited to the seller's account. It should be noted that not all banks support this payment model. Further information can be obtained from your bank and on the Klarna website.
    The use of the payment methods invoice and installment purchase requires a positive credit check. In this respect, the buyer's data will be forwarded to Klarna for the purpose of address and creditworthiness checks as part of the purchase initiation and processing of the purchase contract. We ask for your understanding that only those payment methods can be offered that are permitted based on the results of the credit check. Further information and Klarna's terms of use can be found here here. Personal information is processed by Klarna in accordance with the applicable data protection regulations and in accordance with the information in Klarnas Privacy Policy  treated.
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    § 7 Late payment

    If you default on a payment, you are obliged to pay statutory default interest of 5 percentage points above the base interest rate. For each reminder letter that is sent to you after the default occurs, you will be charged a reminder fee of EUR 5, unless lower or higher damage can be proven in the individual case.
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    § 8 Shipping and delivery

    (1) Unless otherwise agreed, the goods will be delivered to the delivery address specified by the buyer in the ordering process. Shipping is carried out worldwide by the parcel service DHL/Deutsche Post.
    (2) Standard shipping within Germany is free of charge. The shipping costs for shipments to Austria and Switzerland amount to €7.90. The same applies to deliveries to other EU countries.
    (3) The production of the goods can take up to 3 working days. If you choose standard shipping to Germany and Austria, the delivery time is usually one to three working days. Deliveries to other countries can take up to eight working days. We apologize that delays may occur during peak times (e.g. public holidays, special offers) or due to increased regulations regarding COVID-19. No liability can be accepted for any delays during shipping.
    (4) If the buyer does not receive an automatic email with the tracking number, this can be requested from the customer by email.
    (5) The recipient specified on the delivery address may be subject to import sales tax, customs duties and fees that are levied once the delivery reaches the destination country. Additional customs clearance costs must be borne by the recipient specified on the delivery address. Lymaja Jewelry has no influence on these costs and cannot calculate their amount in advance. If a customs clearance procedure is necessary, this can lead to delivery delays, which means that the originally stated delivery times cannot be met.
    (6) If the buyer does not receive his goods at the specified time, the non-delivery can be reported to customer service within four weeks and an investigation or replacement delivery can be complained about. A later complaint is not possible for technical system reasons.

      

    § 9 Warranty

    (1) The customer's warranty rights are based on the general legal regulations, unless otherwise specified below. The provisions in Section 6 of these General Terms and Conditions apply to the customer’s claims for damages against the provider.

    (2) The limitation period for customer warranty claims is 2 years for newly manufactured items and 1 year for used items. For entrepreneurs, the limitation period for newly manufactured items and used items is 1 year. The above shortening of the limitation periods does not apply to the customer's claims for damages due to injury to life, body or health or to claims for damages due to a breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and obtain ownership of it. The above shortening of the limitation periods also does not apply to claims for damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. The right of recourse in accordance with Section 478 of the German Civil Code (BGB) is also excluded from the shortening of the limitation periods in relation to entrepreneurs.

    (3) Products that are “individualized” by the customer, i.e. adapted to their own wishes, made to the desired size or personalized, cannot be withdrawn or complained about.

    (4) There may always be deviations in sizes or colors of the products offered.
    (6) A guarantee is not declared by the provider.

       

    ​§ 10 Disclaimer of liability

    (1) Claims for damages by the customer are excluded unless otherwise specified below. The above exclusion of liability also applies in favor of the provider's legal representatives and vicarious agents if the customer asserts claims against them.

    (2) Claims for damages due to injury to life, body or health and claims for damages due to the violation of essential contractual obligations are excluded from the exclusion of liability specified in Section 1. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract, e.g. the provider must hand over the item to the customer free of material and legal defects and obtain ownership of it. Also excluded from the exclusion of liability is liability for damages that are based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents.

    (3) Provisions of the Product Liability Act (ProdHaftG) remain unaffected

     

    § 11 Prohibition of assignment and pledging

    ​The assignment or pledging of claims or rights to which the customer is entitled vis-à-vis the provider is excluded without the consent of the provider, unless the customer can prove a legitimate interest in the assignment or pledging.

     

    § 12 Offsetting

    The customer only has the right to offset if the claim for offset has been legally established or is undisputed.

     

    ​§ 13 Choice of law and place of jurisdiction

    (1) The law of the Federal Republic of Germany applies to the contractual relationships between the provider and the customer. The mandatory consumer protection regulations of the country in which the customer has his habitual residence are excluded from this choice of law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

    (2) The place of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider is the registered office of the provider if the customer is a merchant, a legal entity under public law or a special fund under public law.

     

    § 14 Severability clause

    If a provision of these General Terms and Conditions is invalid, the validity of the remaining provisions will not be affected.

    § 15 Deviation

    For personalized products that are individually created and produced, the actual appearance may differ slightly from the images in the online shop, as the respective models may look different with different motifs, fonts, names and letters. It is individually adapted and optimally manufactured. The range of pearl bracelets may differ in size and style from the picture.

    § 16 Right of withdrawal

    (1) You have the right to cancel this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods. In order to exercise your right of withdrawal, you must inform us (company Lymaja Jewelry, Würdinger Str. 27a, 94060 Pocking, email address: support@lymaja.com ) by means of a clear statement (e.g. a letter sent by post or e -Email) about your decision to revoke this contract. In order to meet the cancellation period, it is sufficient that the notification of the exercise of the right of cancellation is sent before the cancellation period has expired. The costs for returns are generally borne by the buyer.
    (2) Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
     
    * Contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. personalized jewelry made to the desired size).
    * Contracts for the delivery of goods that are not suitable for return for health protection or hygiene reasons.

    § 17 Guarantee

    (1) The buyer has the right to have the goods repaired and/or improved within 2 years. A new production is excluded. Therefore, pieces of jewelry that are broken or cracked due to production reasons cannot be repaired and are therefore not covered by the warranty. The shipping costs for repairs and improvements are to be borne by the buyer himself.
    The repair includes:
    Damage to the closure, eyelets, anchors or the suspension
    The improvement includes:
    Re-polishing, plating the product with 18K yellow gold or 18K rose gold
    (2) If free size changes are offered by the manufacturer, this refers to a one-off change. Additional size changes are subject to a fee. The exact conditions can be requested if necessary. The resulting shipping costs are borne by the buyer himself.

    § 18 Newsletter

    By subscribing to our newsletter you agree to receive special offers and advertising via email from Lymaja Jewelry. Of course, all personal data will be treated confidentially and will never be passed on to third parties without your consent. Further information can also be found in our data protection declaration. If you would like to unsubscribe from the newsletter, click on the “Unsubscribe” button at the end of the respective email.