TAMARA COMOLLI FINE JEWELRY COLLECTION GmbH & Co. KG, Tegernseer Str. 23, 63703 Gmund, Germany (hereinafter called “We” or “tamaracomolli.com”) operates an online shop under the Internet address tamaracomolli.com. The following General Terms and Conditions apply to all contracts concluded through our online shop. They will apply irrespective of whether you (hereinafter also called “Customer”) are consumer, enterprise, or merchant.
The version of the General Terms and Conditions as amended at the time of contract conclusion will be relevant. Any deviating, contrary, or supplementary agreements will not become part of the contract, even if known, unless their applications is explicitly agreed to in writing.
2.1. Presentation The articles offered under tamaracomolli.com are presented clearly and largely realistically. Minor differences in colour and form due to different screen, graphics, or printer settings cannot always be avoided, but will not constitute a fault.
2.2 Availability We note that the products presented on tamaracomolli.com may no longer be available at the time of a Customer’s visit. Should a product not be available after an order has been placed, you will be contacted by us by e-mail or phone as soon as possible. In such case, we will not issue an acceptance statement and no contract will be formed. Any consideration received will be refunded without delay. We will not be liable for out-of-stock items or non-availability of products, where the order has not yet been explicitly by way of an explicit acceptance statement by tamaracomolli.com (cf. 3.1 Order). We reserve the right to change the items offered on tamaracomolli.com at any time and without prior notice.
2.3 Prices All prices specified on tamaracomolli.com are gross prices, including respective applicable statutory sales tax, albeit without shipping costs, if any. The prices stated at the time of the order will apply.
3.1 Order The presentation and promotion of items on tamaracomolli.com does not constitute a binding offer to conclude a purchase contract. The Customer is merely invited by it to make an offer to conclude a purchase contract by placing an order. By sending an order through the online shop by clicking on the “Commit to buy” button, you place a binding order. Before placing your order, all order data will be displayed and you will have to option of making changes. We will confirm receipt of your order placed through or out online shop without delay by e-mail (order confirmation). Such e-mail will not yet constitute a binding acceptance of the order, unless it also concludes an explicitly acceptance statement. A contract will be formed only once we accept your order by way of acceptance statement or delivering the ordered items. We will have the right to reject any offer without stating the reasons. We reserve the right to limit the number of any one item which a Customer can order.
3.2 Wording The wording of the contract will be stored by us and sent to you together with your order confirmation.
Delivery will be made to the delivery address stated in the order. For order processing, billing and delivery address must be in the same country.
The estimated delivery time will be displayed in the course of the order process. We will notify you in the order confirmation about the actual delivery time.
We will not assume any liability for delay caused by customs provisions, extreme weather, or other unforeseeable circumstances. The periods specified below will apply once your order has been dispatched.
Germany standard shipment (delivery 1 - 3 business days after dispatch): EUR 0.00
EU standard shipment to Austria, Denmark, France, Netherlands, Portugal, Spain, United Kingdom (delivery 3 - 4 business days after dispatch): EUR 15.00
If the Customer has selected “advance bank transfer” or in case of a prepayment proviso (Prepayment Proviso), delivery will be made only once the full purchase price and shipping costs, if any, have been credited to our account.
We will have the right to make partial deliveries to the extent reasonable. If we fulfil your order by way of partial delivery, you will incur shipping costs only for the first partial delivery. If partial deliveries are made upon your request, we will charge shipping costs for each partial delivery.
If you validly cancel the contract pursuant to section 7.1, you may according to statutory requirements demand a refund of any shipping costs (dispatch costs) already paid (cf. with regard to the other consequences of cancellation, section 7.3).
If the goods for reasons under your control cannot be shipped, you may have to bear any additional costs. This does not apply in case of cancellations pursuant to section 7.
We accept payment by advance bank transfer and payment by credit card (Visa, MasterCard). We reserve the right to exclude certain payment types on a case-by-case basis.
5.1 Advance bank transfer In case of advance bank transfer, the order will be fully accepted only once the complete purchase price and shipping costs, if any, have been credited in full to out account. If the transfer is not received after 7 business day, we will retain the right to cancel the order.
Our bank account in Germany:
TAMARA COMOLLI FINE JEWELRY COLLECTION GmbH & Co. KG
Hypo Vereinsbank München
IBAN DE45 7112 0078 0374 8179 90
5.2 Credit card payment (...)
You will be entitled to make an offsets against our claims only if your counter-claims have been finalized or are undisputed. You may also offset against out claims if you assert any notices of defect or counter-claims under the same purchase contract.
As Customer, you may exercise a right of retention only if your counter-claim is based on the same purchase contract.
Any delivered goods will remain the property of TAMARA COMOLLI FINE JEWELRY COLLECTION GmbH & Co. KG until the purchase price has been paid in full.
If you are a consumer (i.e. a natural person placing the order for a purpose which is not attributable to your commercial or self-employed professional activity), you will have a right of cancellation in accordance with statutory provisions.
Moreover, the right of cancellation will be governed by the provisions set forth in detail in the following
Right of cancellation
You are entitled to cancel this contract within 14 without providing reasons.
The cancellation period is 14 days from the day on which you or a third party designated by you, who is not a carrier, has taken possession of the goods.
To exercise your right of cancellation, you must notify
TAMARA COMOLLI FINE JEWELRY COLLECTION GmbH & Co. KG,
Tegernseer Str. 101,
83700 Rottach-Egern, Germany
phone: 0800 82 777 82 (toll-free within Germany)
by way of an unambiguous statement (e.g. a letter sent by mail, fax, or e-mail) about your decision to cancel this contract. You may use the attached sample cancellation form; however, this is not mandatory. To adhere to the cancellation period, it will be sufficient for you to dispatch the notification about exercising the right of cancellation prior to expiry of the cancellation period.
Consequences of cancellation:
If you cancel this contract, we shall refund all payments received from you, including shipping costs (with the exception of additional costs due to your selecting a mode of delivery other than standard delivery) without delay and no later than 14 days from the date, on which we have received the notification regarding your cancellation of this contract. We will use the same payment means for such refund that you used for the original transaction, unless explicitly stipulated otherwise with you; in no case will you be charged because of such cancellation. We may refuse repayment until we have received the returned goods or until you have provided evidence that you have returned the goods, whichever is the earlier date.
You must return the goods by post or in person without delay and in any case no later than 14 days from the date on which you notify us about cancelling this contract. This period will be observed if you dispatch the goods prior to expiry of the 14-day period. If you select the type of shipment used by us (shipment through courier service UPS), we will bear the return costs for you. Otherwise you will have to bear the costs of the return.
You will have to compensate any loss in value of the goods, if such loss in value is due to your handling which is not necessary to inspect quality, properties, and functioning of the goods. For said purpose, we will subject all returned goods to a quality inspection.
The right of cancellation will not apply in case of distance-selling contracts for the delivery of goods which have been produced according to Customer specification or which are clearly tailored for personal requirements or because of their nature are not suitable for return.
Any returns must be made to:
TAMARA COMOLLI FINE JEWELRY COLLECTION GmbH & Co. KG,
Tegernseer Str. 101,
83700 Rottach-Egern, Germany.
We will be liable for defects in quality or title of delivered items in accordance with applicable statutory provisions, including without limitation section 434. et seqq. BGB (German Civil Code). The limitation period for statutory warranty claims is two years, starting from the time of delivery of the goods. The statutory provisions entitle you to demand subsequent improvement in case of any defects subject to warranty.
We will be liable to you in all instances of contractual and non-contractual liability for intention and gross negligence in accordance with statutory provisions regarding damages or compensation for futile expenses.
In all other cases, we will be liable – unless provided otherwise in the following paragraph – only in case of violation of a contractual obligation, if performance of such obligations is required for due performance of the contract and where you as Customer usually an rely on performance (cardinal obligation), but limited to compensation of the foreseeable and typical damage. In all other instances, our liability will be excluded, subject to the provision in the following paragraph.
Our liability for injuries to life, limb, or health and under the (German) product Liability Act will remain unaffected by the above limitations and exclusions of liability.
We will not be liable for a non-availability of the online shop due to technical or electronic effects during ordering, which are not under our control.
The laws of the Federal Republic of Germany apply, with the exclusion of the UN Convention on International Sale of Goods. If you have placed the order as a consumer and at the time of your order have your habitual residence in another country, the application of mandatory legal provisions of such country will not be affected by the choice of law made in sentence 1.
If you are a merchant, a legal entity of public law, or a special fund under public law, exclusive venue for all disputes under contracts between you and tamaracomolli.com will be Munich. Moreover, the applicable statutory provisions apply with regard to local and international jurisdiction.
Should one or several provisions in the General Terms and Conditions be or become in full or in part invalid or unenforceable, this shall not affect the validity of the remaining provisions of these GTCs. In this case, the in full or in part invalid provision shall be replaced by the corresponding statutory provision.