top of page

AGB

The following terms and conditions contain legal information about your rights in accordance with the regulations on distance selling and electronic business contracts.

1. Scope

2. Offers and service descriptions

3. Order process and conclusion of contract

4.Prices and shipping costs

5. Delivery, availability of goods

6. Payment arrangements

7. Retention of title

8. Warranty and Warranty

9. Liability

10. Storage of the contract text

11. Data protection

12. Place of jurisdiction, applicable law, contract language

1. Scope

1.1 For the business relationship between Pakal Schmuck, Maya Driscoll Garcia Perez, Krummackerstrasse 23, 8406, Winterthur (hereinafter "seller") and the customer (hereinafter "customer"), the following general terms and conditions apply exclusively in the version valid at the time of the order.

1.2 You can reach our customer service for questions, complaints and complaints on weekdays from 8:00 a.m. to 5:00 p.m. by email at pakalschmuck@gmx.ch.

1.3 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can largely not be attributed to their commercial or independent professional activity.

1.4 Deviating conditions of the customer will not be recognized unless the seller expressly agrees to their validity.

2. Offers and service descriptions

2.1 The presentation of the products in the online shop does not constitute a legally binding offer, but rather a request to place an order. Service descriptions in catalogs and on the seller's websites are not guaranteed or guaranteed.

2.2 All offers are valid "while stocks last", unless the products do not state otherwise.

3. Order process and conclusion of contract

3.1 The customer can select products from the seller's assortment without obligation and collect them in a shopping cart using the button in the shopping cart. The customer can then use the button in the shopping cart to proceed to the checkout to complete the ordering process.

3.2 With the (Buy) button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time. Required information is marked.

3.3 If the seller enables prepayment, the contract is concluded with the provision of the bank details and payment request. If the payment has not been received by the seller within 10 calendar days after sending the order confirmation despite the due date, the seller withdraws from the contract with the result that the order is invalid and the seller has no obligation to deliver. The order is then completed for the buyer and seller without further consequences. A reservation of the item with prepayment is therefore made for a maximum of 10 calendar days.

4. Prices and shipping costs

4.2 All prices stated on the seller's website are exempt from VAT.

4.2 In addition to the stated prices, the seller calculates shipping costs for the delivery. The shipping costs are clearly communicated to the buyer on a separate information page and as part of the ordering process.

5. Delivery, availability of goods

5.1 If advance payment has been agreed, delivery will be made after receipt of the invoice amount.

5.2 If not all ordered products are in stock, the seller is entitled to make partial deliveries at his own expense, insofar as this is reasonable.

5.3 Should the delivery of the goods fail due to the fault of the buyer despite three attempts to deliver, the seller can withdraw from the contract. Possibly. Payments made will be refunded to the customer immediately.

5.4 If the ordered product is not available because the seller is not supplied with this product through no fault of his own, the seller can withdraw from the contract. in this case the V-buyer will inform the customer immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available, or if the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any services already rendered.

5.5 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of delivery to certain countries) on a separate information page or within the respective product description.

6. Payment arrangements

6.1 The customer can choose from the available payment methods as part of and before completing the order process. Customers are informed about the available means of payment on a separate information page.

6.2 If payment by invoice is possible, payment must be made within 20 days of receipt of the goods and the invoice. For all other forms of payment, payment must be made in advance without deduction.

6.3 If third parties are commissioned with the payment processing, e.g. B. PayPal, their general terms and conditions apply.

6.4 If the due date of the payment is determined according to the calendar, the customer is already in default by missing the appointment. In this case, the customer has to pay the statutory default interest.

6.5 The customer's obligation to pay default interest does not preclude the seller from asserting further default damages.

6.6 The customer is only entitled to offset if his counterclaims have been legally established or have been recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. Retention of title

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

8. Warranty for defects and guarantee

8.1 The warranty is determined according to the legal regulations.

8.2 The goods delivered by the seller are only guaranteed if they have been expressly given. Customers will be informed of the guarantee conditions before initiating the order process.

9. Liability

9.1 The following liability exclusions and limitations apply to the seller's liability for damages, without prejudice to the other legal requirements.

9.2 The seller has unlimited liability if the cause of the damage is based on intent or gross negligence.

9.3 Furthermore, the seller is liable for the slightly negligent breach of essential duties, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of duties, the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the customer regularly trusts. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the previous sentences.

9.4 The above limitations of liability do not apply to injury to life, limb and health, for a defect after accepting a guarantee for the quality of the product and for maliciously concealed defects. Liability under the Product Liability Act remains unaffected.

9.5 Insofar as the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10. Storage of the contract text

10.1 The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.

10.2 The seller will also send the customer an order confirmation with all order data to the email address provided by the customer. With the order confirmation, the customer also receives a copy of the terms and conditions along with cancellation policy and information on shipping costs as well as delivery and payment terms. If you have registered in our shop, you can view your orders in your profile area. In addition, we save the contract text, but do not make it accessible on the Internet.

11. Data protection

11.1 The seller processes the customer's personal data for a specific purpose and in accordance with the statutory provisions.

11.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) will be used by the seller to fulfill and process the contract. This data is treated confidentially and not passed on to third parties who are not involved in the ordering, delivery and payment process.

11.3 The customer has the right to request information free of charge about the personal data stored by the seller about him. In addition, he has the right to correct incorrect data, block and delete his personal data, insofar as there is no legal obligation to retain it.

11.4 Further information on the type, scope, location and purpose of the collection, processing and use of the necessary personal data by the seller can be found in the data protection declaration.

12. Place of jurisdiction, applicable law, contract language

12.1 The place of jurisdiction and place of performance is the seat of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.

12.2 The contract language is German.

Payment Methods

- Credit / debit cards

- PAYPAL

- Offline payments

Terms of Service

bottom of page