Terms and Conditions

1. Conclusion of Contract

The contract between COEUR DE LlON Schmuckdesign GmbH and the customer is concluded exclusively based on these terms and conditions. They also apply to future business deals without being explicitly agreed on again. Agreements which deviate from these terms and conditions are only valid if they are agreed upon in writing. This also applies insofar as the written form is waived on conclusion of the contract. If further written agreements are concluded, these terms and conditions apply in addition and in subordinate ranking. A tacit acceptance by us is excluded. We hereby do not accept the customer’s terms and conditions.

2. Terms of Payment/Prices

The respective value added tax is to be added to our prices. Our claims on the customer based on the sales contract are due immediately. The customer has to pay EUR 10.- for each reminder after arrears occur unless the customer proves that no costs arose from the reminder or were only incurred in a basically low amount. The authorisation for us to collect due invoice amounts by direct debit is considered given when the account number and credit institute are included in the contract. This authorisation explicitly exists further for follow-up orders without any time limit, namely up to the day when either new terms of payment are agreed in an order or in another written form or when invoices whose amounts are to be collected by direct debit in future are disagreed with in writing. We agree with the customer that we can refrain from advance notice that the customer’s contract will be debited. An authorisation to collect due invoice amounts by debiting a credit card is considered to be given if the credit card number, expiry date and name of the cardholder are included in the order or in instructions from the customer. This authorisation explicitly exists further for follow-up orders without any time limit, namely up to the day when either new terms of payment are agreed on or invoices whose amounts are to be collected in future by credit card are disagreed with in writing.

3. Delivery

Delivery is effected „ex works“ provided that another term is not explicitly agreed. In this case, the risk of accidental perishing, loss and deterioration transfers to the customer when we make the goods ready for collection or dispatch them. If dispatch is delayed by events beyond our control, the danger is transferred on the date when the customer is informed that the goods are ready for dispatch. If delays in delivery are due to events beyond our control, the agreed delivery periods are extended appropriately. Delays which are due to force majeure, especially strikes, lockouts, including those which affect suppliers, official directives, extreme weather conditions, transport disruptions, catastrophes as well as import and export restrictions are not accepted by us. § 323 BGB [German Civil Code] applies with the proviso that the respite has to amount to at least four weeks

4. Retention of Title

4.1. Until all claims against the customer that we are entitled to now or in future are settled, the goods purchased remain our property (hereinafter: goods subject to retention of title). The customer has to store the goods which are our property free of charge as secondary contractual obligation. The customer is not entitled to take goods subject to retention abroad without our explicit, written permission.

4.2. The customer is entitled to sell goods subject to retention in proper business premises for cash or subject to retention of title. The right exists in any case only as long as the customer is not in arrears. Pledges or assigning as a security are not allowed. The customer already at this point assigns to us by way of security and to the full extent all claims resulting for the goods subject to retention from their re-sale or for another legal reason (insurance, unauthorised handling) as well as all secondary contractual rights. At our request the customer has to inform us immediately in writing to whom he has sold the goods which are still our property or where these goods are and what claims he is entitled to for the goods subject to retention from their re-sale or for other legal reasons as well as to issue us with certified documents or the assignment of claims.

4.3. We grant the customer the revocable authorisation to collect claims assigned to us in his own account and in his own name. Should the customer assert the claim, he is obliged to keep what he has obtained separate from all monies or assets belonging to the customer or a third party. This has no influence on our right to assert the claim ourselves. However we will not assert any claims provided that the customer meets his financial obligations on time and no application to open insolvency proceedings against the customer’s assets is made.

4.4. After the cancellation of the contract, we are entitled to the unlimited authority to take back the goods subject to retention either in full or in part, to sell them or to deal with them in another way or to dispose of them and the customer is obliged to hand them over. Until the point when the right of ownership of the goods subject to retention is transferred to the customer, the customer has to keep the goods subject to retention as our trustee and to make sure that the goods are properly stored, protected and insured.

4.5. In the event of the seizure of the goods subject to retention by third parties, especially confiscations, seizures, appropriations, the customer is obliged to point out our property and to inform us immediately. If the customer does not fulfil this requirement in time, he is liable for any damage caused.

4.6. Should the aforementioned stipulation regarding retention of title be wholly or partly ineffective according to the law of the country in whose area the goods are, an assurance corresponding to the retention of title in this area is considered as being agreed. If the cooperation of the customer is necessary for such rights and/or the retention to title to occur, he has to take all measures which are necessary to justify and receive such rights and/or retention of title.

4.7. Advertising material such as, for example, posters, displays, acrylic blocks with our logo, advertising brochures and catalogues which is given to the customer free of charge is to be returned to us at any time at our request. The transport mode specified for such a case, usually dispatch by parcel post or UPS, is to be observed for the return transport to us. The costs for the return transport will be borne by us.

5. Guarantee

5.1. The statutory deficiency guarantee claims lapse after a year. The above reduction of the lapse period does not apply insofar as the law according to § 479 BGB (right to recourse) or in cases of mandatory liability according to Para. 9.2 stipulates longer periods. The customer has no right to recourse according to § 478 BGB insofar as the seller has reached an agreement with his customers which goes beyond the scope of the statutory provisions for claims due to defects.

5.2. § 377 HGB (German Commercial Code) applies with the proviso that notices of defects have always to be made to us in writing with an exact description of the defect. Our guarantee is first limited to the fact that, according to our choice, we are entitled to either rework the defective goods or deliver replacements. If the reworking or delivery of the replacement is not effected within an appropriate period or unjustified refused, the customer has the choice of requesting either a reduction of the payment due (price reduction) or a cancellation of the contract (revoking).

6. Advertising Material

6.1 The customer is only allowed to display all advertising material, whether physical or electronic, for our products (e.g. pictures, catalogues, posters, displays, stickers and acrylic blocks with our logo) in his premises, in window displays or showcases and / or in his own internet presence after our previous approval. We can request in writing at any time, but especially when the customer is in arrears, that the customer remove our advertising material from his premises, window displays and showcases as well as from his own internet presence.

6.2 The customer is forbidden to hand over our advertising material to third parties or to make it available in any other way no matter whether it is for his own purposes of the purposes of others. The customer is especially forbidden to hand over our advertising material to the internet platforms of third parties such as, e.g., online shops or auction platforms, or to make it available in any other way.

6.3 Our advertising material is protected by copyright, by trademark and as a registered design. Handing over advertising material to the customer does not give him any licence or other rights apart from the possible uses stated in 6.1. The customer is forbidden to alter the advertising material handed over to him and especially to put any mark of a third party on it.

7. Arrears and Deterioration of Assets

If a customer falls into arrears, we are entitled to effect outstanding deliveries only against cash in advance or the provision of securities. If the customer’s creditworthiness essentially deteriorates after conclusion of the contract, we are entitled to cancel the contract if and insofar as we have not effected our deliveries and the customer has not provided sufficient security within an appropriate period of time set by us or has not effected his return service. Insofar as we have already effected our deliveries, all our claims, including those claims for which bills of exchange and cheques were given, are immediately due on an essential deterioration of the customer’s creditworthiness.

8. Set-off and Retention

The customer is allowed to set off against our claims only those counterclaims which are recognised by us or are recognised by declaratory judgment. The customer cannot assert the right to retain goods or the right to refuse performance according to §§ 273, 320 BGB provided that we are not charged with any gross breach of contract.

9. Limitation of Liability

9.1. All claims to damages and claims for the reimbursement of costs by the customer (hereinafter described as “damages claims“) against us for whatever legal reason, including the violation of duties in connection with the contract, due to pre-contractual breaches of duty (c.i.c.), due to other violations of duty or tortious claims are excluded.

9.2. The exclusion of liability according to Para 9.1 does not however apply if the intentional or grossly negligent conduct by us or one of our representatives, employees or other vicarious agents is the basis for a damages claim; if culpably caused damage by us or one of our representatives, employees or other vicarious agents due to bodily injury, injury to life or health is the basis for a damages claim; as well as especially in view of the statutory mandatory liability according to the German product liability act and in case we violate guarantee promises; if we or one of our representatives, employees of other vicarious agents negligibly breach an essential contract duty; in this latter case our liability is limited to the amount of the damage which is usually foreseeable. In all other cases the statutory regulations governing the liability amount apply insofar as the liability is not excluded according to Para. 9.2.

9.3 Insofar as the damages liability against us is excluded or restricted, this also applies in view of the personal damages liability of our representatives, employees or other vicarious agents.

9.4. The above-mentioned provisions do not imply an alteration of the burden of proof to the customer’s disadvantage and do not explicitly exclude any claims granted in these General Terms and Conditions.

10. Place of Fulfilment / Court of Jurisdiction / applicable Law

10.1. Insofar as the customer is a businessman as defined by the commercial code, a legal person under public law or bearer of public law separate assets, our headquarters are the place of fulfilment and the local court of jurisdiction for all disputes which result from the contractual relationship directly or indirectly insofar as the law does not imperatively stipulate a different exclusive court of jurisdiction. However we are entitled to take legal action against the customer at his headquarters.

10.2. German substantive law with the exclusion of international private law applies to all legal relations between us and the customer.