General Terms and Conditions & Cancellation Policy

§1 Scope, Definitions

(1) The following General Terms and Conditions in the version valid at the time of the order shall apply exclusively to the business relationship between the supplier "AELEILA" and the customer. Deviating general terms and conditions of the customer shall not be recognised unless the supplier expressly agrees to their validity in writing.

(2) The customer is a consumer within the meaning of § 13 BGB (German Civil Code) insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, in accordance with § 14 BGB, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.

§ 2 Conclusion of contract
(1) The customer can select from the range of products of the supplier, in particular jewellery products, and add them to a so-called shopping cart via the button "Add to cart". Via the button "Checkout" he makes a binding request for the purchase of goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. By clicking the button "Order subject to payment", the customer agrees to the validity of the General Terms and Conditions and the provisions on the right of withdrawal.

(2) The provider then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the request. The contract is only concluded upon submission of the provider's declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, terms and conditions and order confirmation) is sent to the customer by e-mail (contract confirmation). The contract text will be stored in compliance with data protection according to GDPR.

(3) The contract shall be concluded in German or English.

§ 3 Delivery, availability of goods

(1) Delivery times stated by the supplier are calculated from the time of order confirmation, subject to prior payment of the purchase price.

(2) If no copies of the product selected by the customer are available at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.

(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall inform the customer of this in the respective product description on the website. It is possible to pre-order products. The stated delivery times for a pre-order may change. The customer will be informed of this.

§ 4 Retention of title

(1) The delivered goods remain the property of the supplier until payment has been made in full.

§ 5 Prices and shipping costs

(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.

(2) The corresponding shipping costs shall be indicated to the customer in the order form and shall be borne by the customer unless the customer makes use of his right of withdrawal. From an order value of EUR 0, the Provider shall deliver free of charge within Germany. The order value for free shipping can be changed by the Provider at any time. The free shipping does not apply to order quantities that require delivery by a forwarding agent. If delivery by a forwarding agent is required, the Supplier shall inform the Customer of this after receipt of the order and shall inform the Customer of the amount of the forwarding agent's costs. Only after the customer has agreed, the supplier will send the order confirmation.

(3) The supplier bears the shipping risk if the customer is a consumer.

(4) In the event of a revocation, the customer shall bear the direct costs of the return shipment. In deviation from this, the customer shall not bear any shipping costs if the ordered goods were delivered incorrectly or defective.

6 Payment options

(1) The customer can make payment by Paypal or credit card.

(2) The customer can change the payment method stored in his user account at any time.

§ 7 Coupon codes

(1) Promotional merchandise coupons may be redeemed for all products available for order on the aeleila.com website, unless aeleila.com coupon redemption is excluded on the campaign overview or product overview page, or the order is placed through the third party website; this is explicitly stated in both cases.

(2) The purchase price of the products ordered must be at least equal to the value of the coupon, unless otherwise stated at the time the coupon is issued. Vouchers issued by the supplier for freight charges may be redeemed against the shipping charges incurred when ordering products on the aeleila.com website, unless the redemption of vouchers has been excluded on the campaign overview or product overview, or the order is not a third party website order.

(3) Promotional vouchers are provided in the form of codes which are provided to the customer in person. Normally, codes expire as soon as they have been used. The period of validity and / or minimum order value or other conditions are determined by the provider and announced in the context of the corresponding promotion. In this case, the minimum order value refers to the purchase price including VAT. Shipping costs are not taken into account.

(4) Only one voucher can be used per order. Multiple coupons cannot be combined. If the customer cancels the purchase of an item for which a coupon has been used, the coupon amount will not be refunded and the coupon cannot be used again. This does not apply if the customer has received the coupon against payment directly from aeleila.com. The customer cannot purchase a coupon with a coupon that was not purchased directly against a monetary payment.

(5) Coupons cannot be paid out in cash or earn interest. Coupons are issued personally and cannot be transferred to third parties. If the Provider learns of the transfer of a Coupon, the Provider reserves the right to declare the relevant Coupon invalid. If the Provider has indicated that the Coupon is only valid for new customers, such Coupon will only be issued when a person registers with aeleila.com for the first time. Except in the case of loss of a Coupon, for which the Provider shall be responsible, the Provider shall not be liable for the loss or theft of a Coupon. Replacement vouchers will only be issued if the supplier is liable for the loss of the voucher. The Shop Terms and Conditions may contain further conditions or restrictions on the redemption of Promotional Coupons. Alternatively, such conditions or restrictions may be stated when the coupon is issued.

§ 8 Warranty for material defects, guarantee

(1) The supplier shall be liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for goods delivered by the supplier to entrepreneurs is 12 months.

(2) If the customer is an entrepreneur, for the purpose of preserving the customer's claims for defects, the supplier must be notified of defects in writing without delay, but at the latest within two weeks of delivery. The defective items shall be kept ready for inspection by the supplier in the condition in which they are at the time of the discovery of the defect.

(3) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.

§ 9 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.

§ 10 Cancellation policy

(1) When concluding a distance selling transaction, consumers generally have a statutory right of withdrawal, which the supplier informs them of below in accordance with the statutory model. The exceptions to the right of withdrawal are regulated in paragraph (2). Paragraph (3) contains a model withdrawal form.

(2) Goods that have been personalised for the customer are excluded from return.

Right of withdrawal
In the cases prescribed by law, you have the right to revoke this contract within fourteen days without giving any reason.
In particular, the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us (AELEILA Munich, e-mail: contact@aeleila.com) by means of a clear declaration (by e-mail) of your decision to withdraw from this contract. You can use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the withdrawal

(1) If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the inexpensive standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.

(2) The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

(3) The supplier informs about the model withdrawal form according to the legal regulation as follows:
Model cancellation form
(If you wish to revoke the contract, please complete and return this form).
- To
AELEILA
Kanalstraße 17
80538 München
Germany
contact@aeleila.com
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of consumer(s) (only in case of paper communication)
- Date

§ 11 Data protection

(1) The customer agrees to the storage of personal data within the framework of the business relationship with the provider, in compliance with the data protection laws, in particular the BDSG and the DSGVO. Data will not be passed on to third parties unless this is necessary for the performance of the contract.

(2) Insofar as the customer transmits the data of third parties, the customer assures that he has obtained consent from the third party and indemnifies the provider against any claims in this respect.

(3) The rights of the customer or the person affected by the data processing result in particular from the following standards of the GDPR:
- Article 7 (3) - Right to revoke consent under data protection law.
- Article 15 - Right to information of the data subject, right to confirmation and provision of a copy of the personal data
- Article 16 - Right of rectification
- Article 17 - Right to erasure ("right to be forgotten")
- Article 18 - Right to restriction of processing
- Article 20 - Right to data portability
- Article 21 - Right to object
- Article 22 - right not to be subject to a decision based solely on automated processing, including profiling
- Article 77 - Right to lodge a complaint with a supervisory authority
(4) In order to exercise the rights, the customer or the data subject is requested to contact the provider by e-mail or, in the event of a complaint, to contact the competent supervisory authority.

12 Dispute resolution

(1) The EU platform for out-of-court online dispute resolution can be reached at the following internet address:
https://ec.europa.eu/consumers/odr/

(2) The provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 13 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customers to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.

(2) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider's registered office in Cologne (Germany).

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.

(4) In the event of any discrepancies between the German and English versions of the GTC, the German version shall prevail.

Status: 12.10.2021

Alternative Dispute Resolution pursuant to Art. 14 (1) ODR Regulation and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.