Terms of Service
General terms and conditions of sale and delivery for the Zach Fine Jewelry Handels Gesellschaft mbH web shop
1.1. The following conditions apply to all contracts, deliveries and other services that are provided by Zach fine jewelry Handels Gesellschaft mbH (Zach fine jewelry for short) on the basis of an order in the Zach fine jewelry webshop.
1.2. Deviating conditions do not apply and Zach fine jewelry hereby contradicts such deviating conditions. Any ancillary agreements only become part of the contract if they have been confirmed in writing by Zach fine jewelry.
2. Registration and data protection
2.1. A prerequisite for orders in the Zach fine jewelry webshop is an upright registration of the customer.
2.2. The customer gives his consent that the personal and personal data provided by him in the course of registration as well as the personal and personal data provided in the course of the order process in the web shop will be processed automatically by Zach fine jewelry and for information, market research and for the purposes of sending advertising own goods may be used by post and electronically - including SMS. This can be revoked by the customer at any time at email@example.com .
2.3. The customer is obliged - during the period between order and delivery - to immediately notify Zach fine jewelry of any changes to his email address or other contact details. If such notification is omitted, declarations are also deemed to have been received if they are sent to the last known address.
2.4. The customer agrees to receive messages within the meaning of Section 107 of the Telecommunications Act (TKG) for advertising purposes from Zach fine jewelry itself or from companies commissioned by Zach fine jewelry. This consent can be revoked by the customer at any time at firstname.lastname@example.org .
3.1. The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalog (but see 3.4 below). In principle, only deliverable goods can be selected for ordering.
3.2. The goods selected by customers for ordering are summarized in a complete list ("shopping cart") and the individual prices, total price, taxes and shipping costs are shown here. By submitting his order, the customer confirms that the email address he provided is valid and that the customer can be reached at this email address.
3.3. The shopping cart is now displayed in the form of an order list. Here the customer has the opportunity to make any corrections before entering into the contract. By clicking the button “order with obligation to pay”, the customer submits a binding purchase offer for the goods listed in the order list. The confirmation of the acceptance of the order - and thus the conclusion of the contract - follows after receipt of the order to the email address given by the customer.
3.4. Zach fine jewelry reserves the right not to accept the order if an item is not available, if the customer has not paid invoices without authorization due to previous deliveries, if credit card checks have not been successfully completed or if there are other legitimate doubts about the customer's creditworthiness . If Zach fine jewelry cannot fulfill an order, Zach fine jewelry will notify this as soon as possible.
3.5. Zach fine jewelry stores the data of the order. The order can be printed out electronically. The print option appears after the customer has sent the order to Zach fine jewelry by clicking the “order with obligation to pay” button and the credit card details have been successfully checked.
4. Delivery and shipping costs
4.1. The delivery takes place as registered insured letter with personal delivery exclusively to the recipient specified in the order (i.e. the customer or a third party specified by the customer). Deliveries are made exclusively within Austria and to the other countries shown in the webshop portal. Delivery takes place Monday to Friday. The deliverer needs a signature when accepting the goods. The delivery time in Austria is 2 to 5 working days from receipt of payment. Outside Austria, but still in Europe, the delivery time is normally 7 to 14 days. Should the delivery period be extended, Zach fine jewelry will inform the customer accordingly and indicate the expected delivery time, which can be up to 60 days. The customer then has the option of canceling the order free of charge.
4.2. The shipping costs as well as the insurance on the transport route up to the acceptance confirmation from the recipient are borne by Zach fine jewelry. Any returns by the customer (also in the event of a possible withdrawal / revocation in accordance with point 6) must be carried out in the same way as the dispatch to the customer; In particular, the customer is obliged to also send the goods as insured letters and to provide insurance of the same value on the transport route as when they were sent to the customer. The customer has to bear the costs of returning the goods. If the customer returns the goods freight collect, Zach fine jewelry will charge the customer for the transport costs.
4.3. Goods that have been ordered can also be returned to the Zach fine jewelry sales outlets on presentation of the original packaging, the certificate and the original invoice.
4.4. Zach fine jewelry strives to keep delivery times as short as possible. Should delays in delivery times nevertheless occur, the customer waives the right to assert any claims for compensation due to the delay.
5.1. The goods can either be paid for with "Klarna Sofort" or with the Mastercard and Visa credit cards or with the Maestro debit card. Credit cards from JCB, Discover, Amex (American Express), Diners and CUP are also accepted. The payment transaction is processed via an SSL connection (Secure Socket Layer).
5.2. The charge is made when the order is completed. The credit cards listed in the online shop are accepted. If the payment method "Klarna Sofort" is selected, the goods will only be delivered after the invoice amount has been credited by the seller's bank.
6. Withdrawal / revocation
6.1. If the customer is a consumer, the provisions of the federal law on distance selling and contracts concluded outside of business premises (Distance and Outward Business Law - FAGG) apply. In accordance with the provisions of the FAGG, consumers have the right to withdraw from the contract within 14 days without giving any reason (“withdrawal”). A comprehensive instruction about this right of withdrawal or withdrawal as well as the legal sample withdrawal form can be called up by clicking. The customer has to bear the costs for the return of the goods after a revocation according to FAGG.
6.2. In the case of goods that are manufactured according to customer specifications or that are clearly tailored to the personal needs of the customer, withdrawal / revocation in accordance with the above provisions is excluded (cf. § 18 Paragraph 1 Clause 3 FAGG). This is especially true for rings with a personal engraving.
6.3. In the event of withdrawal / revocation, the goods must be returned to Zach fine jewelry as a registered letter. In the event of withdrawal / revocation, Zach fine jewelry will only reimburse the purchase price if the goods have been received intact and complete.
6.4. Pursuant to Section 15 (4) FAGG, the customer does not have to pay compensation for the loss in value of the goods in the event of a withdrawal / revocation, as long as this loss in value is the result of checking the goods and their functionality to the necessary extent. This necessary scope of testing corresponds to the test use that would also be common in a business premises. Use of the goods for a longer period of time and / or outside the customer's premises at the receiving location or at his receiving address is not permitted. In the event of a violation in the use of the goods, Zach Fine Jewelry is entitled to charge a fee of 9% as compensation for improper use of the goods. This fee is intended to cover the costs or damage incurred, for example for transaction fees and shipping, and also includes a surcharge that is closer to rent.
7. Warranty and instructions for use
7.1. The statutory warranty provisions apply to consumers, so that Zach fine jewelry provides a guarantee for defects that already existed at the time of delivery within 2 years of delivery. A warranty claim is excluded in the event of improper use or external force.
7.2. Naturally, jewels made from all the materials offered by Zach fine jewelry show signs of use such as scratches and dents from the first day they are worn, which are caused by contact with hard materials (e.g. glass or iron). If a matt or satin jewel was selected when ordering, it will wear off relatively quickly when worn. However, this does not represent a defect!
7.3. The ring size chosen by the customer is determined by the customer himself. The fingers are subject to influences such as heat, cold, time of day, weight gain or weight loss and can therefore change their size. This can lead to inaccuracies when measuring the size and must be taken into account when determining the ring size.
7.4. The goods presented on the website were digitally photographed. Due to the natural materials, there may be slight deviations between the presentation of the items offered and the reality; such deviations do not constitute a defect in the goods ordered.
7.5. If the delivered items have obvious material or manufacturer defects, including transport damage, the customer must immediately complain to Zach fine jewelry. Failure to make this notification of defects has no consequences for the existence of his statutory warranty claims, provided the customer is a consumer.
7.6. Illustrations of watches and jewels are not shown in their original size due to technical layout reasons and may differ in color from the original due to production reasons. Product images are a pure example, as each jewel has unique characteristics due to the precious materials used. Jewels with natural stones can vary in their color, nuances and natural inclusions.
7.7. Due to the individual processing of the jewels, there may be slight deviations between the displayed Caratur of the offered articles and the reality; such deviations do not constitute a defect in the goods ordered.
8. Additional manufacturer warranties
8.1. For some of the products from the range - in addition to the legal warranty Zach fine jewelrys - guarantees from the respective manufacturer exist. The respective guarantee conditions can usually be called up when a specific product is selected. However, these cannot be specified explicitly, not in detail or not at all.
9.1. By purchasing and / or using Zach fine jewelry vouchers, the customer expressly accepts these terms and conditions.
9.2. Zach fine jewelry vouchers can generally be redeemed for 24 months from purchase or activation in the branches of Zach fine jewelry GmbH.
9.3. Zach fine jewelry vouchers cannot be used as a means of payment for purchases in the online shop, but are only accepted in the sales outlets of Zach fine jewelry. In addition, there is the option of ordering voucher cards in the branch by telephone, post or email. The voucher cards obtained in the branch can also be used in the online shop, provided a code is shown. This code must be kept secret and as soon as it has been redeemed in full, it is considered used. Zach fine jewelry assumes no liability for improper use, disclosure or disclosure of the code by the customer to third parties and does not provide any compensation.
9.4. Goods vouchers can also be ordered in the online shop, although the purchase of vouchers is not subject to sales tax.
9.5. Extension of the validity period: Within three years after the validity date has been reached, the vouchers can be extended once for another year free of charge. Another extension is not possible. After 6 years at the latest, the voucher and the credit on it expire. The voucher card can then no longer be used.
9.6. Exchange / cash redemption: The Zach fine jewelry vouchers cannot be returned or exchanged; Vouchers submitted will not be paid out in cash - with the exception of a one-time extension or a refund after the period of validity has expired. When redeeming the vouchers, it is not possible to return cash on difference amounts. No compensation will be given in the event of theft, loss, illegibility, damage or unauthorized use.
9.7. Any commercial or commercial resale is prohibited.
10.1. The prices given are euro amounts including statutory sales tax. In countries that do not belong to the EU, the prices are shown without sales tax. In individual cases, prices can be converted and paid in dollars on request.
10.2. Despite our best efforts, it cannot be ruled out that individual goods are labeled with the wrong price. Zach fine jewelry reviews prices in the course of processing the customer's order prior to acceptance and before payment is charged to the customer. If an item is incorrectly priced and the correct price is higher, Zach fine jewelry will contact the customer before accepting the order to ask whether he wants to buy the product at the correct price or to cancel the order. If the correct price of a product is lower than the stated price, the lower amount will be charged without further contact.
11. Disclaimer of Liability
11.1. In the case of slight negligence, any claims for damages are excluded. This does not apply to personal injury or to damage to items accepted for processing in the case of consumer transactions.
11.2. Insofar as links to other sites on the Internet are contained on the website of Zach fine jewelry, Zach fine jewelry assumes no liability for the functionality or content of such sites.
12. Retention of title
12.1. Zach fine jewelry delivers all goods subject to retention of title, the goods are therefore the property of Zach fine jewelry until the purchase price has been paid in full.
12.2. A possible assertion of the reservation of ownership by Zach fine jewelry does not constitute a withdrawal from the contract. In the case of the return of goods, Zach fine jewelry is entitled to charge transport and handling fees.
12.3. If third parties access the goods subject to retention of title, the customer undertakes to point out that Zach fine jewelrys has retained ownership of the goods.
13. Right of withdrawal Zach fine jewelry
13.1. In the event of default in payment by the customer, default of acceptance by the customer or other important reasons, Zach fine jewelry is entitled to withdraw from the contract.
13.2. In the event of default in payment by the customer, Zach fine jewelry is released from all further performance obligations and is entitled to withhold outstanding performance and to request advance payment or appropriate security.
13.3. If the customer withdraws from the contract - without being entitled to do so - Zach fine jewelry has the choice of either insisting on the fulfillment of the contract or consenting to the cancellation of the contract; in the latter case, subject to further claims for damages, the customer is obliged to pay a contractual penalty of 10 percent of the gross invoice amount.
15. Final provisions
15.1. Unless there is a mandatory statutory regulation, the place of performance is the registered office of Zach fine jewelrys in Vienna 1. The contract language is German. The Austrian domestic jurisdiction is agreed. If it is not a consumer transaction, the exclusive jurisdiction of the relevant court for Vienna 1 is agreed for all disputes arising from and in connection with this contract.
15.2. Changes and additions to these conditions must be made in writing to be effective. Oral or written subsidiary agreements are only binding for Zach fine jewelry after they have been confirmed in writing. In case of violation of these terms and conditions, Zach fine jewelry reserves the right to exclude the customer from further participation without prior notice.
15.3. Substantive Austrian law is applicable to this contract, excluding the reference norms of international private law and the UN sales law. This choice of law only applies to consumers in the EEA insofar as it does not restrict any mandatory statutory provisions of the state in which the consumer has his place of residence or habitual residence.
15.4. Furthermore, Zach fine jewelry reserves the right to change these terms and conditions at any time and without giving reasons. Such changes do not apply to orders already placed. By placing an order, the applicable general terms and conditions are accepted.
15.5. Should one or more provisions of these general terms and conditions be ineffective, this does not result in the ineffectiveness of the entire contract.
15.6. As far as “the customer” is mentioned, this designation is to be understood as gender-neutral and is aimed at customers alike.
- Kredit- und Debitkarte (Visa, MasterCard, Discover, Amex/Diners, CUP, JCB)
- Klarna Sofortüberweisung