1. General points
The following Terms and Conditions shall apply to all current and future business relationships between HAYA JEWELLERY and the purchaser or client. Both consumers and entrepreneurs shall be clients within the meaning of the GTC.
1.2. By ordering a product, the client bindingly agrees to the terms and conditions that have been provided to them at the time of purchase during the ordering process. Deviating or conflicting general terms and conditions established by the client will not be an integral part of the contract even though HAYA JEWELLERY is not actively and explicitly rejecting them or even though the client is referring to their deviating GTC before or during the purchase.
1.3. The content of the GTC consists of crucial pieces of information HAYA JEWELLERY is obliged to provide, according to the law of the Federal Republic of Germany considering distance contracts and electronic commerce. (§ 312 d par. 1 German Civil Code in connection with section 246a § 1 par. 1 EGBGB (Introductory Act to the German Civil Code), § 312 g par. 1 German Civil Code in connection with section 246a § 1 par. 2 EGBGB).
2. Contract formation
2.1. The contractual parties are on the one hand HAYA JEWELLERY, Karmen Hoyer, Techno Park, Building ll, PO BOX: 17374 Dubai, United Arab Emirates, and on the other hand the purchaser.
2.2. The products by HAYA JEWELLERY posted on the Internet do not represent a binding offer in the conclusion of the contract. Instead, the range of products shall to be deemed as an invitation to the buyer to place an order.
2.3. The purchaser can place an order and enter a contract via telephone, in writing, via fax or via the order system installed into the online shop of the seller.
2.4. Online shop system
The products, meant to be purchased, are put in the virtual “consumer basket”. The purchaser is able to call up the basket by clicking on the respective button installed in the navigator bar, which enables them to change or delete the content of the basket. After invoking the purchase order form, the purchaser fills in their personal data as well as chooses the payment and shipping methods and terms. Before placing the order, the client is given the chance to check all their data and information and if necessary change them. Moreover, he or she is given the possibility to cancel the entire order. Clicking on the “return” button of the internet browser is another method to stop the ordering process. By completing the order via clicking on the respective button, the client is submitting a binding offer to HAYA JEWELLERY. Initially, the purchaser shall receive an automatic email confirming the completion of the order which however does not necessarily confirm the conclusion of the contract.
2.5. The acceptance of your offer which at the same time confirms the actual conclusion of the contract will be conducted through a written confirmation in which we are affirming that your purchase is being processed or in which we are assuring the delivery of the purchased goods to you.
3.1. The price listed in the order shall be binding. The value-added tax is included in the price. In case of foreign payment transactions causing bank commissions, the purchaser cannot request the bank charge to be subtracted from the price.
3.2. Payment can be conducted via bank transfer, PayPal or credit card. Advance payments shall be considered in the invoice. HAYA JEWELLERY reserves the right to exclude certain terms of payments in specific cases.
3.3. The entrepreneur is entitled to offset payments only if their counterclaims have been established by due legal process or acknowledged by HAYA JEWELLERY. The entrepreneur can only reserve the right of retention if his or her counterclaim is based on the same contractual relationship.
4. Shipping, delivery and shipping costs
4.1. All details and information concerning the availability and shipping conditions are only estimated specifications and approximate reference values. They do not represent binding and guaranteed shipping and delivery dates unless the delivery date is bindingly and explicitly stated in the respective specific shipping option. As soon as HAYA JEWELLERY is noticing the product or products ordered by you are not available while processing your purchase, we will inform you about this in a separate e-mail.
4.2. If HAYA JEWELLERY is not able to ship the purchased goods to you from no fault of our own because the supplier hired by HAYA JEWELLERY is not fulfilling his contractual obligations, HAYA JEWELLERY is entitled to withdrawing from the contract. In this case, the purchaser will be informed about the unavailability of the products. Furthermore, performed payments will be immediately compensated. Statutory rights of the purchaser will remain intact and unaffected.
4.3. As soon as we receive the bank transfer, the purchase shall be immediately shipped to you.
4.4. The standard shipping is free of cost for you.
5. Reservation of title
5.1. Should the client be a consumer, HAYA JEWELLERY shall retain ownership of the goods until full and final payment of the purchase price. If the client is an entrepreneur, the purchased goods shall remain the property of HAYA JEWELLERY until the entrepreneur is fulfilling all requirements stated and listed in the ongoing business relationship with HAYA JEWELLERY.
5.2. The entrepreneur is obliged to inform HAYA JEWELLERY about third parties having access to the goods like in the case of the goods being seized or in case of the products being damaged or destroyed. The purchaser shall notify HAYA JEWELLERY if the goods undergo a change of possession or if the purchaser changes their seat of the company.
6. Transfer of Risk
6.1. If the client is a consumer, he or she shall bear the risk of accidental destruction or deterioration of the purchased goods as soon as the products are handed to him or her.
6.2. If the client is an entrepreneur, the risk of accidental destruction or accidental impairment shall be transferred to the purchaser as soon as the goods are handed to the transport company, the carrier or other institutions to carry out the dispatch.
6.3. If the customer defaults on acceptance, the transfer still shall be deemed to have taken place.
7. The right of revocation for consumers
A consumer is any legal entity which concludes a legal transaction for a purpose that cannot be ascribed to commercial or independent business activity.
Right of revocation
You have the right to withdraw from the contract within 14 days without having to justify it. The revocation period starts on the day you or a third party other than the carrier or the Transport Company received the goods. In order to exercise your right of revocation you have to inform us
Techno Park, Building II
PO BOX: 17374 Dubai
United Arab Emirates
with an explicit written declaration via a letter sent with the post or via e-mail of your decision to withdraw from the contract. You can make use of the sample revocation form provided to you.
To meet the revocation deadline, it is sufficient to send the revocation before expiry of the withdrawal period
Consequences of Cancellation
If you withdraw from the contract, all performed payments we received from you, will be compensated immediately within 14 days upon receiving your request for revocation. We will not refund additional costs caused by shipping methods other than our free of charge standard delivery. For the refund, we will be using the same means of payment which you have chosen during the purchase transaction unless we have agreed on different payment means with you. On no account, you will be charged extra fees due to the refund.
We may refuse to refund your purchase until we have received the goods or until you have sent us a proof of the goods being shipped back to us, whichever the earlier.
You are obliged to immediately send the goods back to us within 14 days from informing us about your decision to withdraw from the contract.
Zum Heckeshorn 3
You can comply with the time limit by sending off the goods before the period expires.
You shall bear the costs caused by the return of the goods.
End of the Revocation instruction
Sample revocation form
If you want to revoke your purchase, please fill in the following form and send it to us.
Techno Park, Building II
PO BOX: 17374 Dubai
United Arab Emirates
Hereby I/we(*) withdraw from my/our(*) contract of sale involving the following goods(*)/provision of the following service(*).
Ordered on /order date(*)/:
Received on/ receipt date (*):_____________________________________________________________________________
Name of the consumer(s): _______________________________________________________________________________
Address of the consumer(s): _____________________________________________________________________________
Signature of the consumer(s) (only needed when revocation is sent in a letter):
(*) Delete or cross out where inapplicable
8.1. HAYA JEWELLERY provides statutory warranty rights on each and every purchased good. In case of defects, the consumer is given the choice whether the defect shall be compensated by subsequent fulfilling in the form of correction or improvement or by sending a replacement. HAYA JEWELLERY is entitled to rejecting subsequent improvement of the defect under the following conditions: If the method chosen by the consumer to correct the deficiency can only be carried out under disproportionate costs and if certain other methods or performances of improvement cause no disadvantages for the consumer. If the client is an entrepreneur, Haya Jewellery may choose between replacement delivery and subsequent improvement.
8.2. If the subsequent fulfilment fails, the purchaser may generally choose between the following measures: reduction of the purchase price, withdrawal from the contract or compensation in place of performance. If the purchase requests compensation instead of performance, certain limitations of liability will come into effect, according to point 9. If the defects are inconsiderable, the purchaser shall have no right of withdrawal.
8.3. If the purchase represents a commercial business or action, the purchaser is obliged to inspect and examine the delivered goods to see if the goods are characterized by any quality defects or if there are any quantity deviations. If visible defects or deviations are detected, the purchaser shall notify HAYA JEWELLERY in writing within one week upon receipt of the goods/service or performance. Otherwise, the assertion of warranty claims is excluded. If the purchase is a commercial business, the claims of the purchaser arising from any defects cannot be exercised after one year. This limitation period does not apply to claims of compensation as well as businesses with customers who are not commercial businessmen.
9. Liability of HAYA JEWELLERY
9.1. HAYA JEWELLERY shall be only liable for damages which are caused by simple or gross negligence conducted by HAYA JEWELLERY, HAYA’s employees, legal representatives or agents or in case of essential main obligations (cardinal duties) not being fulfilled. Essential duties are measures which are absolutely crucial for properly fulfilling the contract and which the purchaser can generally rely on. If HAYA JEWELLERY, HAYA’s employees, legal representatives or agents violate an essential duty, the liability is limited to the extent of damage, HAYA JEWELLERY should typically expect upon the conclusion of the contract due to the circumstances known at that time.
9.2.) The above limitations of liability shall apply to contractual as well as non-contractual claims. The liability for damages resulting harm to life or health or personal injury is not excluded or limited. Furthermore, HAYA JEWELLERY is liable for claims which were listed in HAYA JEWELLERY’s warranties that ensure the quality of the product, while claims listed in the Product Liability Act remain untouched as well.
10. Applicable law; Place of jurisdiction
10.1. German law applies exclusively with the exclusion of the United Nations Convention on Contracts for the international Sale of Goods. This choice of law will only apply for consumers in so far as the protection that is provided by compulsory regulations under the law of the state in which the consumer has his habitual abode is not taken away (principle of favorability).
10.2. The place of performance for all services arising from the business relationship of the seller and exclusive place of jurisdiction is the commercial seat of the seller insofar as the purchaser is not a consumer but a merchant, a corporate body under public law or a public special estate. The same applies if the place of general jurisdiction of the customer is not Germany or the EU, if their residence or general habitation is unknown at the time of the commencement of action. The right to raise a claim at the court at another jurisdiction is untouched by this.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter http://ec.europa.eu/consumers/odr/ findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.