General Terms and Conditions Online Shop

§ 1 Scope of Application

(1) These General Terms and Conditions (hereinafter: GTC) apply to all contracts concluded via our online shop between us,
La Terre en Cabochon
Pfarrgasse 5b, 07743 Jena
Managing Director: Clémence Dubois
Phone: +49 15773840721
Email: {EMAIL}
and you as our customer. The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.

(2) All agreements made between you and us in connection with the purchase contract result in particular from these terms and conditions, our written order confirmation and our acceptance declaration.

(3) The version of the GTC valid at the time of conclusion of the contract is decisive.

(4) We do not accept deviating conditions of the customer. This also applies if we do not expressly object to the inclusion.

§ 2 Conclusion of Contract

(1) The presentation and advertising of articles in our online shop does not constitute a binding offer to conclude a purchase contract.

(2) By submitting an order via the online shop by clicking the "order with obligation to pay" button, you submit a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; your right to revoke your order under § 3, if applicable, remains unaffected.

(3) We will immediately confirm receipt of your order submitted via our online shop by email. Such an email does not yet contain a binding acceptance of the order, unless the acceptance is declared in addition to the confirmation of receipt.

(4) A contract only comes into effect when we accept your order by means of a declaration of acceptance or by delivering the ordered articles.

(5) Orders for deliveries abroad can only be considered from a minimum order value. You can find the minimum order value in the price information provided in our online shop.

(6) If delivery of the goods you ordered is not possible, for example because the corresponding goods are not in stock, we will refrain from making a declaration of acceptance. In this case, no contract is concluded. We will inform you immediately and immediately refund any consideration already received.

§ 3 Right of Withdrawal

(1) If you are a consumer (i.e., a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) If you as a consumer make use of your right of withdrawal according to point 1, you have to bear the regular costs of the return shipment.

(3) Otherwise, the regulations that are reproduced in detail in the following apply to the right of withdrawal

Withdrawal Instructions

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.

To exercise your right of withdrawal, you must inform us, La Terre en Cabochon, Pfarrgasse 5b, 07743 Jena, {EMAIL}, by means of a clear declaration (e.g. a letter sent by post or email) about your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but it is not mandatory. You can also fill out and submit the model withdrawal form or another clear declaration electronically on our website. If you make use of this option, we will immediately send you (e.g. by email) a confirmation of receipt of such a withdrawal.

To meet the withdrawal deadline, it is sufficient for you to send the notification of exercising the right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we have to repay you all payments we have received from you, including delivery costs (except for the additional costs that result from you choosing a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged fees for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have sent the goods back, whichever is the earlier.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.

You bear the direct costs of returning the goods.

You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

- End of withdrawal instructions -

(4) The right of withdrawal does not exist for distance contracts

(a) for the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or can quickly perish or whose expiry date would be exceeded,

(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.

§ 4 Delivery Conditions and Reservation of Prepayment

(1) We are entitled to partial deliveries insofar as this is reasonable for you.

(2) The delivery period is a maximum of twenty (20) working days, unless otherwise agreed. It begins - subject to the regulation in paragraph 3 - with the conclusion of the contract.

(3) For orders from customers with residence or business address abroad or if there are justified indications of a payment default risk, we reserve the right to only deliver after receipt of the purchase price plus shipping costs (prepayment reservation). If we make use of the prepayment reservation, we will inform you immediately. In this case, the delivery period begins with payment of the purchase price and shipping costs.

§ 5 Prices and Shipping Costs

(1) All prices in our online shop are gross prices including statutory VAT and are understood to be plus shipping costs.

(2) All prices shown are final prices plus delivery/shipping costs. No VAT is shown due to the application of the small business regulation according to § 19 UStG.

(3) If we fulfill your order according to § 4 para. 1 through partial deliveries, you will only incur shipping costs for the first partial delivery. If the partial deliveries take place at your request, we charge shipping costs for each partial delivery.

(4) If you effectively revoke your contract declaration according to § 3, you can demand reimbursement of costs already paid for shipping to you (forwarding costs) under the statutory conditions (cf. for other withdrawal consequences § 3 para. 3).

§ 6 Payment Terms and Set-off and Right of Retention

(1) The purchase price and shipping costs must be paid at the latest within two (2) weeks of receipt of our invoice.

(2) You can transfer the purchase price and shipping costs to our account specified in the online shop at your choice, give us a direct debit authorization or pay by EC/Maestro or credit card. In the case of a direct debit authorization or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest at the time regulated in paragraph 1. A direct debit authorization given applies until revoked also for further orders.

(3) You are not entitled to set off against our claims, unless your counterclaims are legally binding or undisputed. You are also entitled to set off against our claims if you assert defect notices or counterclaims from the same purchase contract.

(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.

§ 7 Retention of Title

The delivered goods remain our property until the purchase price has been paid in full.

§ 8 Warranty

(1) We are liable for material or legal defects of delivered articles according to the applicable statutory provisions. The limitation period for statutory warranty claims is two years and begins with the delivery of the goods.

(2) Any seller guarantees given by us for certain articles or manufacturer guarantees granted by manufacturers of certain articles are in addition to the claims due to material or legal defects within the meaning of paragraph 1. Details of the scope of such guarantees result from the guarantee conditions that may be enclosed with the articles.

§ 9 Liability

(1) We are liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.

(2) In other cases, we are liable - insofar as not regulated differently in paragraph 3 - only in the event of a breach of a contractual obligation, the fulfillment of which first enables the proper execution of the contract and on the observance of which you as a customer can regularly rely (so-called cardinal obligation), and limited to compensation for the foreseeable and typical damage. In all other cases, our liability is excluded subject to the regulation in paragraph 3.

(3) Our liability for damages from the violation of life, body or health and according to the Product Liability Act remains unaffected by the above liability limitations and exclusions.

§ 10 Copyright

We have copyrights to all images, films and texts published in our online shop. Use of the images, films and texts is not permitted without our express consent.

§ 11 Privacy Notice

We collect, process and use your personal data, in particular your contact details for processing your order, including your email address if you provide it to us. For credit assessment, we may use information (e.g. also a so-called score value) from external service providers as a decision-making aid and make the payment method dependent on it. The information also includes information about your address. This is done for the purpose of contract processing, Art 6 para. 1b) GDPR. For details, please refer to our privacy policy (link).

§ 12 Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention. If you placed the order as a consumer and had your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country remains unaffected by the choice of law made in sentence 1.

(2) If you are a merchant and have your seat in Germany at the time of the order, the exclusive place of jurisdiction is the seat of the seller, Jena. Otherwise, the applicable statutory provisions apply for local and international jurisdiction.

(3) Dispute resolution: We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)