Terms & conditions
J’AIMESTONES® WEBSHOP GENERAL TERMS & CONDITIONS
J’aimestones® is a trademark of Synchronistory GmbH & CoKG The following (together with the documents referred to) contains the terms and conditions (the “Terms and Conditions”) of SYNCHRONISTORY GmbH & Co. KG , Alison Goldwyn c/o Michael Hils, Beiten Burkhardt, Ganghoferstrasse 33, 80339 Munich (Germany), registered in the trade register of Germany under HRA 99774.
– Hereinafter „SYNCHRONISTORY” –
This website, as well as all associated mobile sites and mobile applications (collectively referred to as “Website”) is operated by SYNCHRONISTORY. “Client” means all users of the Website and purchasers of SYNCHRONISTORY’s products.
SYNCHRONISTORY offers this Website, including all information, products and services available from this Website, to Client conditioned upon Client’s acceptance of these Terms and Conditions. CLIENT’S continued use of this WEBSite constitutes client’s agreement to these Terms and conditions in applicable jurisdictions. By accessing this Website, Client agrees to be bound by the Terms and Conditions set forth herein. If at any time Client does not agree to these Terms and Conditions, Client shall not use this Website.
CLIENT shall not use the Website for any illegal purposes, and CLIENT will use it in compliance with all applicable laws and regulations. client shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. client agrees not to attempt any unauthorized access to any part or component of the Website.
§ 1 Scope of application, definitions
1.1 The following Terms and Conditions always in the version valid at the time of ordering apply exclusively to all business relations including the sale and distribution of goods (hereinafter „Goods”) between SYNCHRONISTORY and the Client. Differing terms and conditions of the Client are not accepted except where SYNCHRONISTORY explicitly acknowledges their application in writing.
1.2 The Client is a consumer insofar as the purpose of the ordered delivery and performances cannot predominantly be assigned to his commercial or professional function. On the other hand, enterprise is a natural person or legal entity or joint partnership which is concluding a legal transaction by acting in exertion of its commercial and professional function. Both shall hereinafter be referred to as “Client”.
§ 2 Registration
2.1 The Client is responsible for the truthful and complete declaration of his personal data necessary for the registration. The Client undertakes to not make personal access information available to third parties and undertakes to treat this information as confidential. The registration will be immediately confirmed by clicking the button „Yes, I’d like to create a new account” and after completing the first purchase.
2.2 Each Client is eligible to only one account at the same time. SYNCHRONISTORY reserves the right to delete multiple registrations. In addition, SYNCHRONISTORY reserves the right to reprimand Clients infringing upon those rules.
2.3 SYNCHRONISTORY shall not be obliged to accept the registration of a Client or the order of a Client. SYNCHRONISTORY shall not be obliged to permanently uphold their offer. Already confirmed orders remain unaffected.
§ 3 Conclusion of contract
3.2 SYNCHRONISTORY will thereafter send an automated acknowledgement of receipt via email to the Client, which will again include the details of the order of the client and which the client can print out by using the feature „Print“ . The automated acknowledgement of receipt is merely documenting the receipt of the Client’s order at SYNCHRONISTORY and does not constitute an acceptance of the offer. The contract shall only be concluded after the issuance of a declaration of acceptance by SYNCHRONISTORY via separate email (“Order Confirmation ”) or if SYNCHRONISTORY performs the order by delivery of the Goods. In the Confirmation Order email or a separate email, however at the latest at the delivery of the Goods, the Client will be provided by SYNCHRONISTORY with the text of the contract (including order, Terms and Conditions and Order Confirmation) on a durable medium (email or paper printout) (“Contract Confirmation ”). The text of contract will be saved in adherence with data protection.
3.3 The conclusion of contract shall be in English language.
3.4 Goods may vary slightly from their pictures. The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the colors and / or dimensionality accurately, we cannot guarantee that a device’s display of the colours and / or dimensionality accurately reflects the colour and / or dimensionality of the Goods. Your Good may vary slightly from those images. Although we have made every effort to be as accurate as possible, because our Goods are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a slight tolerance. The packaging of the Goods may vary from that shown in images on our website.
3.5 If the Goods are made to order based on measurements provided by the Client to SYNCHRONISTORY it is the Client’s responsibility to ensure that these measurements are correct.
§ 4 Delivery, availability of Goods
4.1 All statements concerning terms of delivery are non-binding, insofar as the time of delivery has not been explicitly agreed to in writing. The indicated terms of delivery are calculated from the time of SYNCHRONISTORY‘s Order Confirmation, subject to prior payment.
4.2 If there are no available specimens of the Goods chosen by the Client at the time of order, SYNCHRONISTORY will inform the Client immediately. If the Goods are permanently unavailable SYNCHRONISTORY will not issue a declaration of acceptance. In this case no contract comes into existence.
4.3 If the Goods ordered by the Client are only temporarily unavailable, SYNCHRONISTORY will inform the Client immediately. In this case SYNCHRONISTORY is entitled to terminate the contract. SYNCHRONISTORY will immediately refund any payments already made by the Client.
4.4 In case of unavailability of the Goods, the Client shall not be entitled to delivery. In this case SYNCHRONISTORY shall be entitled to terminate the contract. SYNCHRONISTORY undertakes to immediately inform the Client of the unavailability and to refund any payments already made by the Client.
4.5 Unless agreed otherwise the delivery will be made to the delivery address provided by the Client. SYNCHRONISTORY shall be entitled to partial delivery.
4.6 If the Client is a consumer, the risk of accidental loss and accidental deterioration of the sold Goods in case of a sale by dispatch shall be borne by the consumer after the delivery to the consumer or a recipient determined by the consumer. This applies independently whether a delivery has been insured or not. In any other case, the risk of accidental loss and accidental deterioration of the sold Goods in case of a sale by dispatch shall be borne by the Client after the delivery of the Goods to the forwarding agent or to any other person or institution determined to perform the delivery.
4.7 SYNCHRONISTORY generally delivers worldwide. However due to certain delivery limitations in place concerning countries such as Iran, Syria, North Korea, Cuba, Sudan, etc. please inquire with us directly and we will try to accommodate your request. In individual cases, certain countries can be excluded from delivery. The possible delivery regions can be examined in the list of the current delivery regions on the Website.
§ 5 Reservation of ownership
Until the Client’s payment in full is received by SYNCHRONISTORY the deliverable Goods remain property of SYNCHRONISTORY. Prior to the transfer of ownership any pledge, assignment as security, processing or redesigning shall be prohibited without prior consent of SYNCHRONISTORY.
§ 6 Prices and delivery charges
6.1 All indicated prices are in EURO and include all price components, subject to the following terms and conditions, including VAT as far as applicable
6.2 The arising delivery costs concerning delivery and transportation and, if applicable, cash on delivery fees are not included in the purchase price and shall be borne by the Client. Our current applicable delivery costs can be found in the area “Shipping & Handling ” [LINK] on our website. SYNCHRONISTORY reserves the right to deliver certain Goods without delivery costs, however the Client shall not be entitled to this. Customs duties and import fees and if applicable taxes concerning the delivery to a foreign country shall be borne by the Client. Please be advised that buyers from third countries, which are not members of the European Union, must bear all importation costs, custom duties and applicable taxes for the delivery to the third country. SYNCHRONISTORY will not bear any costs in this regard.
6.3 The type of delivery, delivery route and the choice of carrier or Transport Company shall be the sole right and responsibility of SYNCHRONISTORY, unless previously requested in writing by the Client and agreed upon in writing by SYNCHRONISTORY.
§ 7 Payment terms
7.1 Payment by the Client is only accepted by direct bank transfer or by Paypal.
7.2 The Client is entitled to change the mode of payment saved in his user account anytime
7.3 The payment of the purchase price is payable immediately after the conclusion of contract. If the due date of the payment is determined according to calendar, the Client shall be in default after failure of payment on this date.
7.4 The obligation of the Client concerning the payment of default interest does not exclude the raising of further default damages claims by SYNCHRONISTORY.
7.5 The Client agrees to the electronic receipt of invoices. Electronic invoices will be provided in PDF format in the section “My account” of the website.
7.6 If the method of payment chosen by the Client is not practicable, notwithstanding the execution by SYNCHRONISTORY according to the Terms and Conditions, especially because the debiting of the account of the Client is not possible due to insufficient funds or due to declaration of false information, the Client shall refund SYNCHRONISTORY or any third party commissioned with the handling the resulting additional costs.
§ 8 Warranty, Guarantees
8.1 SYNCHRONISTORY shall be liable for material defects according to the applicable legal provisions, namely of the applicable German law (BGB). If the Client is an Enterprise the warranty period shall amount to 12 months concerning Goods delivered by SYNCHRONISTORY.
8.2 Any additional guarantee concerning the Goods delivered by SYNCHRONISTORY shall only exist, if it has been issued explicitly in the Order Confirmation with regard to the specific Goods. The presentation of the Goods e.g. on the internet platform or in brochures of SYNCHRONISTORY shall not constitute a guarantee of quality but merely a description of features. Specific quality characteristics of the Goods shall only be deemed guaranteed by SYNCHRONISTORY after explicit written confirmation by SYNCHRONISTORY
§ 9 Liability
9.1 Claims for damages of the Client are excluded. This does not comprise claims for damages of the Client resulting from mortal injury, physical harm or health damage or concerning the violation of material contractual obligations (“Cardinal Obligations”) and the liability for other damages resulting from intent and gross negligence of SYNCHRONISTORY, legal representatives or vicarious agents. Cardinal obligations are material contractual obligations, which are essential to due implementation of the contract.
9.2 Concerning the violation of Cardinal Obligations SYNCHRONISTORY shall only be liable for the typical, foreseeable damage, if caused by negligence, unless the damages result from mortal injury, physical harm or health damage. This claim for damage shall be subject to a period of limitation amounting to 12 months after delivery.
9.3 The limitations of liability according to paragraphs (1) and (2) shall apply equally to the legal representatives and vicarious agents of SYNCHRONISTORY if claims are directly asserted against them.
9.4 The provisions of the Product Liability Law shall remain unaffected.
9.5 While Care & Maintenance remain at the Client’s discretion (please refer to our Care & Maintenance suggestions on our Collections web page) we are neither responsible nor liable for any possible damages incurred should your jewels be used in a manner inconsistent with our suggestions.
§ 10 Cancellation Policy
10.1 Consumers are in general entitled to a cancellation right by law in case of the conclusion of a longdistance transaction, about which SYNCHRONISTORY will inform according to the legal model in the following. The exceptions to the cancellation right are described in paragraph (2). The model form of cancellation can be found in paragraph (3).
10.2 The cancellation right does not apply to contracts concerning the delivery of goods, which are not prefabricated and for the production of which an individual choice or determination of the consumer is essential or which is unambiguously tailored to the personal necessities of the consumer, concerning the delivery of goods, which are not adapted for return due to reasons of health protection or hygiene or if those goods, due to their characteristics, have been inseparably mixed with other goods.
10.3 With regard to the model cancellation form SYNCHRONISTORY informs according to the legal provision as follows:
§ 11 Privacy
11.1 All personal data will in general be treated confidential. Only the data necessary for the handling of the order will be saved. As part of the handling of the order the service providers (transport companies, logistics) commissioned by SYNCHRONISTORY will receive the data necessary for the processing of contracts.
§12 Intellectual Property Ownership and Use
12.1 Client acknowledges and agrees that J’AIMSTONES, B’EARTHSTONES, all of SYNCHRONISTORY’S other trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in SYNCHRONISTORY or, in the cases where SYNCHRONISTORY is using such material or content under authority from a third party, if any, in the owner of such material or content.
12.3 Client shall not use, copy, distribute, or exploit any of the Site Content in any manner without SYNCHRONISTORY’s prior written permission.
12.4 All Site Content and all materials and content contained within the Website, including but not limited to the trademarks, text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website, are owned by SYNCRHONISTORY, or used by SYNCHRONISTORY under authorization, and are protected by German, United States and other trademark and copyright laws around the world. No portion of the materials or content on this Website may be reprinted or republished in any form without SYNCHRONISTORY’S express written permission.
§ 13 Changes to Website or These Terms and Conditions
13.1 Other than as may be required by law, SYNCHRONISTORY reserves the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice, and Client agrees that SYNCHRONISTORY shall not be liable to Client or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.
13.2 SYNCHRONISTORY may alter these Terms and Conditions from time to time, and Client’s use of the Website (or any part of the Website) following such change shall be deemed to be Client’s acceptance of such change. It is Client’s responsibility to check regularly to determine whether the Terms and Conditions have been changed. If Client does not agree to any change to the Terms and Conditions, then Client shall immediately stop using the Website. You can determine the date the Terms and Conditions were last updated by looking at the “Date Last Updated” at the bottom of these Terms and Conditions.
§ 14. External Sites and Resources
The Website may contain links to other websites. SYNCHRONISTORY is not responsible for the availability of any websites owned or controlled by third-parties. SYNCHRONISTORY does not endorse and is not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.
§ 15. Notice for California Users
Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at email@example.com.
§ 16 Final Provisions
16.1 Contracts between SYNCHRONISTORY and the Clients shall be subject to the laws of the federal Republic of Germany, excluding CISG. The legal provisions concerning the limitation of the choice of law and jurisdiction and concerning the application of compulsory legal provision especially of the state where the Client being a consumer has his habitual residence remain unaffected.
16.2 Insofar as the Client is an Enterprise, legal person of public law or a special fund under public law and insofar as the Client does not have a general legal domicile in the European Union respectively has transferred his domicile or habitual residence beyond those countries after the conclusion of contract, or whose domicile or habitual residence is unknown at the time of the institution of legal proceedings the place of venue for all disputes arising from the contractual relationship between the Client and SYNCHRONISTORY shall be Munich, Germany.
16.3 If any provision is completely or partially invalid, this shall not affect the validity of the remaining provisions. Instead of the invalid provisions the legal regulations shall apply.
16.4 Online dispute resolution according to Art.14 para 1 ODR Regulation: The European Commission is providing a plat form regarding online dispute resolut ion, which you can access at http://ec.europa.eu/consumers/odr/. You can find our email-address in our Imprint. We are neither obliged nor are we voluntarily partaking in the dispute resolution procedure.
DATE LAST UPDATED July 2018