The CADA-Schmuck Annette Kopp GmbH, represented by the managing director Mrs. Annette Kopp, Maffeistrasse 8, D-80333 Munich, Germany (hereinafter "we", "CADA" or "CADA.de"), operates an online shop available under the web address www.CADA.de, where especially pieces of jewellery are offered for sale. These General Terms and Conditions (“GTC”) apply to all relevant legal relationships between CADA.de and the customer ("Customer" or "Purchaser"), who may either be a consumer within the meaning of § 13 BGB ("Consumer") or an entrepreneur within the meaning of § 14 BGB ("Entrepreneur") and must in any case be of legal age. "Consumer" shall mean any person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. "Entrepreneurs" are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity.
The customer acknowledges the validity of these GTC within the framework of the ordering process by clicking on the field "Order now for payment" and sending the completed order form. Any terms and conditions of the customer shall not apply unless CADA.de has expressly agreed to their validity in advance.
2 Important notes
2.1 Representation The goods offered under www.CADA.de are presented on the website clearly and to a large extent according to reality. However, CADA.de is not in a position to guarantee complete conformity with reality with regard to the images and colours that the customer sees on his screen, also due to different screen, graphic and/or printer settings.
2.2 Stock availability/prices of the goods
We would like to point out that the products presented at www.CADA.de may no longer be available or available at the time of the Customer's visit to the website and that the corresponding prices may have changed.
2.3 Disposable seal
All ordered goods are equipped with disposable seal affixed refund labels and are delivered in this way. When trying on the ordered goods, be careful not to remove or damage the refund label. We expressly point out that we are not obliged to take goods back for which the refund label has been removed or damaged.
3. Conclusion of contract
3.1 Purchase contract
When placing an order via the online shop, CADA shall provide the Customer with an order confirmation including these General Terms and Conditions either by e-mail or in writing.
3.2 Order confirmation
The automatic order confirmation to the Customer after receipt of the order at CADA.de does not yet represent an acceptance of the contract offer.
3.3 Text of the contract
The contract text is not stored by us and can no longer be retrieved after completion of the order process. You can print out the order data immediately after sending it. You can either use the following page "Your order" or the mail "Confirmation of receipt". The Customer can access and view these contractual conditions at any time via the subcategory "GTC" from the start page. The Customer thus has the option of printing out these GTC with the "print function" of the Internet browser or of saving the corresponding website locally.
3.4 Contract with CADA.de
Contracts are concluded exclusively with the company CADA.de "Contract language is German".
3.5 Special provisions for custom-made products
CADA also offers custom-made products via the online shop, which are specially marked as such. Such pieces of jewellery are not in stock at CADA and are produced exclusively individually and in the case of limited editions subject to the availability of a copy of the edition for the Customer. If the Customer wishes to purchase a custom-made product, he must - as with the other products offered via the online shop - first add the item to the shopping bag and send the order. Immediately after receipt of the order, a CADA employee will contact the Customer and, as far as possible, agree all details required for the conclusion of the contract (e.g. ring size, provision of samples, production and delivery times, delivery modalities, other individual wishes of the Customer) with the Customer in a personal conversation.
A deposit of 50% of the purchase price shall be payable for custom-made products. The deposit is due with our confirmation that the custom-made product is available for you. Deviating from the regulation for the conclusion of the contract according to § 3.1. of our GTC, the conclusion of the contract is only concluded when the deposit of 50% of the purchase price has been credited to our account by advance transfer. With the conclusion of the contract according to this clause 3.5, CADA will arrange for the manufacture of the piece of jewellery. Any delivery deadlines shall apply from the time of the conclusion of the contract and subject to timely payment of the balance in accordance with this Section 3.5.
As soon as the piece of jewellery has been completed, CADA will inform the Customer immediately in text form or writing. Upon receipt of the information about the completion of the piece of jewellery by the Customer, the remaining payment of 50% of the purchase price is due. The handover or dispatch of the piece of jewellery to the Customer takes place as soon as the remaining payment has been credited to our account by advance transfer. In the event that CADA jewellery is not supplied by its supplier, the regulation of the reservation of self-delivery according to 3.6 applies.
Custom-made products are excluded from the right of revocation and return. Any warranty rights of the Customer remain unaffected. If an agreement on the return of the custom-made product is reached with the Customer in an individual case, the Customer shall be responsible for the return of the goods and for adequate insurance of the shipment itself.
If the supplier does not supply us with the goods ordered by you, we are entitled to withdraw from the contract, unless we are at fault in this respect. In this case we will inform you immediately that the ordered product is not available. If the purchase price has already been paid, it will be refunded to you immediately. The reservation of self-delivery applies to Consumers within the meaning of § 13 BGB only in the event that a congruent covering transaction has been concluded with the supplier, the supplier has let us down in this respect and CADA.de is not responsible for any incorrect or non-delivery.
4. Customer service
You can retrieve the following information under Customer Service:
1. Ordering information 2. Payment methods 3. Delivery and shipping costs 4. My Account 5. Returns 6. Exchange 7. Repayment periods 8. Damaged or wrongly delivered articles 9. Return shipment 10. Contact us
At CADA.de you have the following contact possibilities: TEL +49 89 255427-16 MO-FR 10:00 - 19:00 SA 10:00 - 18:00 email@example.com
5. Delivery and shipping costs
Unless otherwise agreed, delivery shall be ex warehouse to the delivery address specified by the Customer. The delivery is subject to the debit of your credit card account or the receipt of the transfer on our account.
The prices quoted on CADA.de at the time of the order are authoritative. These are gross prices, i.e. including the respective statutory sales tax (VAT). The delivery and shipping costs are not included in the price and are displayed on the order overview page, the last page before the Customer is requested to order the goods selected by him bindingly and with payment. The shipping costs are also listed in the order confirmation and invoice.
5.3 International Delivery
We currently only deliver to Germany. Please send us an e-mail to firstname.lastname@example.org if you would like to order from another country.
5.4 National shipments
All items can generally not be delivered to P.O. box addresses or packing stations.
5.5 Delivery times
Our goal is to process and ship your order within 72 hours. Estimated delivery times can only be given as a rough guideline and apply from the date of shipment. CADA-SCHMUCK takes no responsibility for any delays caused by customs regulations, extreme weather conditions or other unforeseeable circumstances. Our courier services do not offer Saturday delivery. The periods below apply after the order has been shipped.
Germany Value-Express (delivery 1-2 days after shipment): free of charge
5.6 Special regulations for Cada goes Art – Collection
CADA offers the dispatch of particularly high-priced goods, in particular those of the CADA goes Art Collection, exclusively at the express request of the Customer. In this case, the goods are dispatched by a special value courier or by personal delivery of the goods to the Customer by a CADA employee.
5.6 Special mode of dispatch
If the Customer wishes a special way of shipment, the Customer shall bear the additional costs incurred for this according to the valid price list of the courier service.
The Customer can pay the purchase price and the shipping costs for the ordered articles exclusively by credit card, prepayment or PayPal. We reserve the right for every order not to offer certain payment methods and to refer to another payment method. Should the ordered goods not be available, the amount transferred in advance will be refunded immediately, or credited to the corresponding credit card again. Please note that some banks may charge separate transfer fees for transactions from abroad. However, this is completely independent of CADA.de and can only be clarified with the respective bank.
We offer prepayment in the following countries: Germany In the case of prepayment, this must be made immediately after the order. Acceptance of the contract and shipping will only take place after receipt of payment. If the transfer of the purchase price and the shipping costs are not received by CADA.de within 4 working days of the order, CADA.de is entitled to cancel the order. Please only use a personalized bank account for the transfer - NO cash deposits at a financial institution.
Our bank details in Germany are as follows: CADA-Schmuck Annette Kopp GmbH Commerzbank München IBAN: DE58 7008 0000 0595 6699 00 BIC: DRESDEFF700
6.2 Credit Card
We offer payment by credit card in the following countries: Germany The financial information of credit card transactions (card number, expiration date, etc.) is automatically transmitted using an encrypted protocol, without CADA.de or third parties having access to it in any form. With the exception of refunds, this information will never be used again. Please note that this is a direct debit.
6.3 Online Security
CADA.de has the security software SSL (Secure Socket Layer). This is an asymmetrical encryption method on the Internet that protects your credit card data during transmission against wiretapping and manipulation. When transmitting on the Internet, it is therefore not possible for unauthorized persons to read this data.
We currently only offer this payment method for orders in Euro.
Select the payment method PayPal during the order process, then you will be redirected to the PayPal website. If you do not have a PayPal account, it is possible to open an account during the payment process. For more information, please visit PayPal.com.
6.5 Default of Payment
After due date and occurrence of the delay with the purchase price payment, default interest in the amount of 5% above the respective base interest rate of the European Central Bank will be charged. The Customer reserves the right to prove that CADA has incurred no interest loss or less than the aforementioned interest loss as a result of the delay in payment. The assertion of incurred reminder fees, incidental reminder costs, collection costs as well as further claims for damages shall remain unaffected.
7. Retention of title
The delivered goods remain the property of CADA-Schmuck Annette Kopp GmbH until full payment has been received.
8.1 Product descriptions
Information, drawings, illustrations, technical data, descriptions of weight, dimensions and performance contained in brochures, catalogues, circulars, advertisements or price lists are for information purposes only. We do not assume any liability for the correctness of these details.
8.2 Passing of risk
CADA bears the delivery and shipment risk if the Customer is a Consumer.
8.3 Warranty rights
CADA warrants for defects of the goods according to the applicable legal regulations. The limitation period for statutory warranty claims is 2 years and begins on the date of delivery, i.e. receipt of the goods by the purchaser. We ask you to notify us immediately of any visible material, manufacturing or transport defects; however, this is not a prerequisite for the effective assertion of warranty claims.
We are only liable for damages other than those resulting from injury to life, limb and health if these are based on intentional or grossly negligent action or on culpable breach of an essential contractual obligation (so-called "cardinal obligation", i.e. such an obligation the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely) by us or our vicarious agents (e.g. the delivery service). The provisions of the Product Liability Act shall remain unaffected by this; in addition, liability for fraudulent concealment of a defect and for an expressly guaranteed quality shall remain unlimited. In cases of slightly negligent liability for damages, the damage shall be limited to typical and foreseeable damage. Any further liability for damages is excluded. If CADA's liability is excluded or limited, this shall also apply to legal representatives, employees and other vicarious agents of CADA.
Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. We are therefore neither liable for the constant and uninterrupted availability of our online shop nor for technical and electronic errors during an ordering process over which we have no influence.
If links to other websites or sources are created, we are not responsible or liable for the availability of such external sites or sources. We do not adopt content that is accessible on such websites or sources as our own and exclude any liability or warranty with regard to such content, unless we have positive knowledge of the illegality of the content in individual cases.
9. Right of revocation
9.1 Right of revocation
If the Customer is a Consumer (see section 1.1) and if the contract is concluded outside business premises (§ 312b BGB) or a distance contract (§ 312c BGB), he has a statutory right of revocation, about which CADA informs as follows:
Cancellation Policy Right of revocation You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the day on which you or a third party named by you who is not the carrier have taken possession of the goods.
In order to exercise your right of revocation, you must inform us (CADA-Schmuck Annette Kopp GmbH, Maffeistraße 8, D-80333 Munich, Germany, e-mail: email@example.com; Fax. +49 (0)89 255 427 27) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail ) of your decision to revoke this contract. You can use the attached sample revocation form, which is not mandatory. You may also electronically complete and submit the sample revocation form or other unambiguous statement on our website (www.cada.de). If you make use of this option, we will immediately (e.g. by e-mail) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we will refund to you all payments we have received from you, including delivery charges (other than the additional charges arising from your choosing a method of delivery other than the cheapest Value Express delivery offered by us), promptly and no later than fourteen days from the date we receive notice of your revocation of this contract. For this refund we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you and in no event will you be charged for this refund. We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is earlier.
You must return or hand over the goods to CADA-Schmuck Annette Kopp GmbH, Maffeistraße 8, D-80333 Munich) by insured dispatch immediately and in any case within fourteen days of the day on which you notify us of the revocation of this contract at the latest. This period shall be deemed to have been observed if you dispatch the goods before expiry of the period of fourteen days. You shall bear the costs of returning the goods.
You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods that is not necessary to inspect their condition, properties and functionality.
Non-existence of the right of revocation
The right of revocation does not apply to contracts for the delivery of goods which are not prefabricated and for the manufacture of which an individual selection or destination by the Consumer is decisive or which are clearly tailored to the personal needs of the Consumer. This applies, for example, to products personalised by engraving.
Sample revocation form (If you want to revoke the contract, please fill out this form and send it back.)
- To CADA-Schmuck Annette Kopp GmbH. Maffeistraße 8, D-80333 München, Germany Fax: +49 (0)89 255 427 27 E-mail: firstname.lastname@example.org
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
- Ordered on (*)/received on (*) ________________________________________________________________
- Name(s) of consumer(s) ________________________________________________________________
- Address of the consumer(s) ________________________________________________________________________________
- Signature of the consumer(s) ________________________________________________________________________ (only for paper messages)
(*) Delete as appropriate.
9.2 Refusal of acceptance
Please note: If you refuse to accept the parcel, CADA.de reserves the right to charge you for the additional costs incurred. These costs include, but are not limited to, the following: the original delivery charges, any applicable import sales tax and any customs duties, the cost of returning the goods to CADA.de and any other costs incurred.
10. Data protection
The data protection practice of CADA is based on the provisions of the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG). Further information on the collection, processing and use of personal customer data can be found in the data protection information [insert link here].
10. Final provisions
10.1 Applicable law
German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
10.3 Ineffective terms of business
Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of all other provisions or agreements. Instead of the invalid provisions, the relevant statutory provisions shall apply.
The EU Commission offers the possibility of online dispute resolution on an online platform operated by it. This platform can be accessed via the external link https://www.ec.europa.eu/consumers/odr. CADA is not obliged to participate in a conciliation procedure and unfortunately cannot offer to participate in such a procedure.