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LEGAL TERMS & CONDITIONS OF USE

Last updated: Mai 2018


Download: Allgemeine Geschäftsbedinugnen (deutsch)


Application of terms & conditions

Terms and Conditions apply only in such form as they are publicly displayed on Frey + Vorhammer GbR - SIAN DESIGN website at the time of the customer’s order. Deliveries will be made only on the basis of the conditions below, which are considered as accepted in all parts with the placement of an order disregarding the country SIAN DESIGN GbR's (hereafter partly abbreviated as ’SIAN DESIGN’ or 'SD‘ or 'we') online store was accessed from. The conditions of the customer shall not apply, unless SD expressly agrees to them. Such conditions can only be made content of the contract through written consent on SD’s part. SIAN DESIGN reserves the right to modify their terms and conditions any time for future orders. Website users as well as customers are responsible for keeping themselves updated with such changes. We recommend reading the Terms and Conditions carefully and keep a copy at the time the order was placed for future reference.


Applicable law, mandatory consumer protection provisions

The laws of the Federal Republic of Germany shall apply under exception of the UN Convention on Contracts for the International Sale of Goods, if
a. your habitual residence is in Germany, or
b. your habitual residence is in a country that is not a member of the European Union.
If your habitual residence is in a member country of the European Union, then German law also applies, whereby mandatory provisions of the country in which you have your habitual residence remain unaffected.


Eligibility to purchase

SIAN DESIGN reserves the right to only accept orders from those over 18 years old. When you want to purchase a product, you must provide your personal details such as your real name, phone number, email address and other requested information as indicated. Furthermore, during the ordering process, you will be required to provide correct and valid payment details. You also confirm that you are the person referred to in the billing information provided. The website is available only to individuals and others who meet the SIAN DESIGN terms of eligibility, who have been issued a valid credit card by a bank acceptable to SIAN DESIGN, whose applications are acceptable to SD and who have authorized SIAN DESIGN to process a charge or charges on their credit card in the amount of the total purchase price for the goods which the intended purchase. SD reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making a purchase offer, you expressly authorise us to perform credit checks and, whenever SD feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions. Furthermore, you agree that we may use personal information provided by you to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Please refer to our privacy policy for further information about how we use your data.


Conclusion of contract

The presentation of goods and services in our online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum), as all orders are subject to acceptance and availability. By clicking the “Buy” button in the last step of the ordering process, you are submitting a binding offer to purchase the goods displayed in the order. Immediately after submitting the order, you will receive an order confirmation that, however, does not represent acceptance of your contractual offer. A contract between you and us comes into effect as soon as we accept your order in a separate email or we ship the goods. Please check your spam folder regularly.

We reserve the right not to accept your order, especially in such event, if we are unable to obtain authorisation for payment, shipping restrictions apply to an item, the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or if you do not meet the eligibility criteria set out within the Terms & Conditions above. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party due to our withdrawing any goods from the website whether or not that goods has been sold; removing, screening or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

The contractual provisions with information on the ordered goods, including these General Terms and Conditions and the cancellation policy, will be sent to you by email upon acceptance of the contractual offer or with the notice thereof. We do not store the contractual provisions.


Ordering process & correction of input errors in our online store

Customers can view products in our online store by clicking on them. If you would like to order one or more of the selected products, then click on ”ADD TO CART”. The products that you have selected are displayed in your shopping cart generally displayed in the bottom left corner or by clicking once on the “SEE CART” button. You then have the option to continue shopping and to place further items in your shopping cart. The number of items to be ordered is limited to customary commercial quantities. If you have placed all the goods that you want to purchase in your shopping cart, click on “CHECKOUT”. You will then be guided through our ordering process. In order to proceed, you have to provide the required contact details. Following this step, you can specify the desired payment method by clicking on the “Continue to final check” button. On the following page, the “Please, do check the details” page, we will display the information about the selected goods, the unit price, shipping costs, the total price, as well as the chosen method of payment before you place your binding order. You can correct input errors that arise during the order process at any time by clicking the “Back” button. After checking your provided details on the “Please, do check the details” page you can verify and confirm your order by clicking the “Buy” button. Once your order has been placed you will receive an email acknowledging the details of your order.



Payment


Taxes & custom duties

Orders shipped within Germany and the European Union do include statutory value-added tax in the final price. For orders shipped into NON-EU countries product prices are displayed excluding taxes, possible custom duties or any kind of fees imposed by local custom authorities. Please be aware that all possible custom duties and fees have to be paid and taken care of by the customer himself (this also applies to retail as well as wholesale customers). As customs policies and import duties vary widely from country to country we cannot tell you what the cost would be. For detailed information on that we recommend contacting your local customs office for current charges before you order, so you are not surprised by charges you were not expecting. For further shipping details please refer to SHIPPING and RETURN.


Payment methods

The following payment methods are accepted: Paypal, Giropay, Credit Card, Sofortüberweisung, Direct Bank Transfer and any other methods which may be clearly advertised on the website from time to time. Payment will be debited and cleared from your account upon dispatch of your order by SIAN DESIGN. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to SD, we will not be liable for any delay or non-delivery. We take all reasonable care to make our website secure. In addition, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.



SHIPPING


Shipping & fees

Orders are shipped with UPSC and require an adult's signature upon delivery. All orders are insured and trackable during the delivery process. Kindly note that delivery to rural addresses can result in longer delivery times. After receiving the order, the responsibility will be passed/assigned to the customer. If you have specified a recipient other than yourself for delivery purposes, you also accept that signature by the third party is sufficient proof of delivery and fulfillment by SIAN DESIGN. Shipping fees are generally included if not otherwise stated in the product description itself.


Delivery times

Items on stock will be delivered in 2-4 business days within Germany and 3-8 business days in other European countries after receiving the customer’s payment. International orders will be sent within approx. 30 business days.

As some of the jewelry pieces are produced on request longer delivery times may occur and an estimated time will be displayed on the product description page itself. To find out whether this applies please refer to the product description of each item. Please be aware that these delivery times are provided as guidelines only, and do not consider eventual delays caused by third parties, as e.g. payment authority or other technical service provicer. For further information on business and delivery hours please refer to UPS’s website.


Precondition for meeting these delivery deadlines

Orders will be sent to the address provided by the customer when placing an order on SIAN DESIGN’s online store. It is subject to the customer to provide the complete and correct delivery details as well as the required order and payment information. To avoid delays in receiving your order, please make sure to provide the correct billing and shipping information associated with your credit/debit card when placing an order. Should additional delivery costs occur due to incorrectly stated delivery address the customer has to bear these additional costs. The customer has the duty to ensure that the order can be delivered to the address provided during normal business hours and delivery times. Please note that SIAN DESIGN does not deliver to post office boxes.


First-time order policy

For security purposes SIAN DESIGN will reserve the right to ship first-time orders to the cardholder’s verified billing address or work address.



Return policy


As a consumer with your habitual residence is in a member country of the European Union, you have the right to withdraw from this contract within fourteen days without giving reasons. The deadline to withdraw is fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods. In order to exercise the right to cancellation, you must inform us with a clear statement (e.g. a letter sent through mail or email) about your decision to cancel this contract at the following contact information:

Frey + Vorhammer GbR - SIAN DESIGN
Lamontstr. 6, 81679 Munich, Germany
return@sian‑design.com

You can use the attached sample cancellation form, though this is not mandatory. To return or exchange items, please contact return@sian‑design.com to request return information first. For returning your purchase from an EU country, we may provide prefilled return information/return-badge.

As a consumer with your habitual residence outside a member country of the European Union or an entity acting in your commercial business, SIAN DESIGN grants you a voluntary seven-days return policy. Unwanted items must be postmarked within seven days of receipt and all costs of return have to be paid by you. We will refund you what you paid for your order but not the delivery or return charge or customs duties and sales taxes. To return or exchange items, you must contact return@sian‑design.com to request a return authorization first.


Receiving a refund / Consequences of cancellation

Your refund will either be credited to the original purchasers account using the same payment method chosen by the customer when placing the initial order or as store credit to your SIAN DESIGN online account. In case of a written notice and proof of a return to SIAN DESIGN we will issue a refund latest on day fourteen upon arrival.

Within the EU SIAN DESIGN will refund all payments that we have received from you, including taxes and delivery costs (apart from additional costs arising from the fact that you have chosen a form of delivery other than the standard and lowest cost form of delivery that is offered by us). Please also note that outside the EU, customs duties and sales taxes are non-refundable through SIAN DESIGN in any case. Card refunds may take up to 10 business days for your bank to complete, depending on their processing time. This can vary greatly between card issuers, and we are unable to influence this.

Please be aware that a deduction can be made if the value of the goods has been reduced because of irresponsible use as well as disregarding care instructions provided on SIAN DESIGN’s website.


Exchange for size

Purchased items are exchangeable into a different size. All exchanges are based on stock availability and are shipped to you free of charge. Please also note that outside the EU, customs duties and sales taxes are non-refundable through SIAN DESIGN in any case. To return or exchange items, please contact return@sian‑design.com to request a return authorization first.

For determination of an accurate ring size, we offer a ring size diagram available to DOWNLOAD and print (Important Note: Please make sure to print the diagram at 100%).


Important information

Items must be returned to us in perfect condition accompanied by the return form and via SIAN DESIGN's return service only.


How to process returns:

  1. To return or exchange items, you must contact: return@sian‑design.com to request a return authorization first.

    Please include the following information:
    - Your order No.
    - Your full name and address
    - In case of claiming a defective item: Photographic evidence of the fault along with a brief description

  2. The product must be packaged in the original product packaging, the original shipping packaging or similar damage-resistant packaging, so that the product packaging is not damaged. All parts of the product must be included. Please send package to: Frey + Vorhammer GbR - SIAN DESIGN, Lamontstr. 6, 81679 Munich, Germany.

Warranty

Our jewelry items are checked by us before being purchased. If, nevertheless, the purchased should be defective, the customer is entitled to claims due to defects during the statutory period of limitation. Please note that wear and tear while normal use is not considered a fault. SIAN DESIGN jewelry is delicate in nature and should be handled carefully - outlined in the Product Care Information both online and in your order. If the usage and product care information (maintenance advice) issued by SIAN DESIGN is not followed, if the products are modified, parts are exchanged, or consumables are used that do not comply with the original specifications, or if interventions are performed on parts for which this is not expressly authorized, the warranty will not apply if defects have arisen because of the aforementioned.


Colors

SIAN DESIGN cannot guarantee that colors on this website will be true to life. This depends partly on the color settings of your computer and monitor.


Disclaimer of liability

SIAN DESIGN does not warrant, that all items listed in the online store are in stock at the time of your order. If an item is unavailable, we will contact you shortly by phone or by email. SIAN DESIGN cannot promise that the content of the site is always free of inaccuracies or typographical errors. Neither can we warrant that all information is up-to-date. SIAN DESIGN may, at any time, amend the content of the site. Although SD strives to display the correct texts, images and pricing on the site and webstore, errors may occur. Unless expressly stated to the contrary to the fullest extent permitted by law SIAN DESIGN and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect SIAN DESIGN’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. If you have been charged the wrong amount in the webstore, SIAN DESIGN will give you the option of placing a new order with the correct price or canceling your order. If a product sold is mistakenly listed at an incorrect price, SIAN DESIGN reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SIAN DESIGN shall issue a credit to your credit card account. In such case we will notify you by email. If we are unable to contact you, your order will be automatically cancelled. Part of the services mediated through the site are maintained by outside organizations. In situations where SIAN DESIGN acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. SD cannot be held responsible for any damaged caused from using the site or, for that matter, not being able to use the site. Moreover, SIAN DESIGN cannot guarantee problem-free, uninterrupted, and secure access to the site.


Force majeure

In case of Force Majeure, SIAN DESIGN’s obligations will be suspended. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural or any other natural or man-made eventuality outside of our control. Under such circumstances, SIAN DESIGN will attempt to resolve all issues in a timely manner.