TERMS AND CONDITIONS

1. GENERAL

1.1. APPLICABILITY

These general terms and conditions and any policies or documents to which a link is provided herein (hereinafter referred to as “GTCs”) apply to all orders through https://www.ingenium-jewellery.com/. INGENIUM JEWELLERY GmbH will be referred to hereinafter as “INGENIUM JEWELLERY”/We/Us/Our”.

You can access our GTCs on our website at https://ingenium-jewellery.com/pages/terms-and-conditions. You can further save and print this document at your convenience.

Please read these GTCs carefully before ordering products (as defined below) from the website. By ordering our products, you indicate that you consent to and will comply with these GTCs and our Privacy Policy.

The content of this contract, any other information, customer service, data information and complaint management are provided in German and are binding. Any text provided in English shall be seen as a non-binding service to customers, which does not trigger legal effects in any way.

1.2. CONTRACTING PARTY

The websites for the sale of goods via the Internet are operated by:

INGENIUM JEWELLERY GmbH
Plenergasse 1/6
1180 Wien
Österreich

Please find further information on our company in the imprint.

1.3. AMENDMENT TO THE GTCs

We reserve the right to make changes to the GTCs at any time and any changes will be effective from the publication of the new GTCs on the website. You, and any contract of sale between us, will be subject to the version of the GTCs in force at the time you order products from the website. Amended GTCs are communicated at least one week prior to them coming into effect.

2. ORDERS

2.1. INVITATION

Please note, that all products offered on the website are an invitation to buy only and are not an offer or unilateral contract of sale from our side.

By completing the checkout process and clicking the “Complete order” button, you provide a binding offer to conclude a purchase contract, however, all orders submitted by you are subject to acceptance by us in our discretion.

We are free to not accept your order in our discretion for any reason whatsoever without liability and in compliance with applicable laws. If we are unable to accept your order, we will inform you of this and will not charge you for the product.

2.2. REGISTRATION AS INGENIUM JEWELLERY CUSTOMER

When placing an order you have to register with us. Registration requires certain mandatory fields (name, surname, address, email address, phone number) to be filled in truthfully on an order form. We further ask you to create and use a password to be able to access your information the next time you wish to purchase a product. We save your order and delivery data for potential warranty cases, improvement of our offers and services and in accordance to our Privacy Policy.

Without prejudice to our other rights and remedies, we may suspend your access to the website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the website.

Every customer has the right to have one account at a time. Correspondingly, we have the right to delete multiple accounts and warn, cancel or delete or modify accounts of customers, who do not comply with regulations set forth under clause 2.2.

We use any data provided by you solely for the purpose of contract fulfilment and strictly according to the legal provisions. For this purpose we forward your data, if necessary, to third parties such as DHL. These third parties are allowed to use your data for the purpose of contract fulfilment only and are obliged by contract to stick to the legal provisions of data protection towards us.

Customer data is saved in our system and can be accessed by you via a password protected portal. When registered as a customer, you can access your personal data as well as data regarding fulfilled, open or currently delivering orders through the portal. It is your responsibility to store your password securely and confidentially.

2.3. ORDERING STEPS

You agree that once you have clicked the “Complete order” button, your orders on the website are binding offers to purchase the products listed in your shopping basket from us on the basis of these GTCs (hereinafter “product” or “products”).

Steps until acceptance of your order:

a) After choosing a product and placing it into your shopping basket a text box with the following wording is shown just above the button “Check out”: “By clicking the button “Check out” you confirm that you have read and consent to the general terms and conditions and privacy policy of INGENIUM JEWELLERY.”. By clicking the button “Check out” you thereby confirm that you have read and consent to our general terms and conditions and privacy policy. Following this, by clicking the button “Check out” you will be forwarded to the payment and checkout page (hereinafter referred to as “checkout”). After selecting a payment and delivery method you will be able to activate the “Complete order” button at the end of the checkout process. By clicking on the “Complete order” button, you make a binding offer to conclude a purchase contract.

b) Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order, correct any input errors and choose a payment and delivery method.

c) Item availability, prices and delivery options may vary depending on the delivery destination.

d) Variations in the display properties of the computer hardware you use to view the website may affect the colours of the products displayed on the website and the products delivered to you may differ in appearance in minor respects. We may also make minor changes to the products to reflect changes in relevant laws and regulatory requirements.

e) After your binding offer has been submitted to us, you will receive an order confirmation email. This email is not an acceptance of your offer/order but solely a confirmation that we have received your order. The confirmation email contains all data regarding your order and can be easily printed or saved.

f) An acceptance of your offer/order and the conclusion of a purchase contract is indicated by an email confirming that the products ordered have been dispatched.

3. AVAILABILITY

If the products you have ordered are not available, we will notify you during the order process and you will be reimbursed via the payment method used to purchase the product(s). We are not liable if certain products are not in stock or are not available.

4. PRICES AND ADDITIONAL COSTS

4.1. PRICES OF PRODUCTS

All prices of products on the website are the prices for the products. They do include any VAT (or other sales taxes) payable but do not include charges for delivery.

The total price of your order, including all ancillary and delivery costs, will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the products. The price cannot be adjusted after the completion of the checkout process.

Please note that we have no control over, and are therefore not responsible for, any charges your card issuer or payment provider collects from you.

4.2. CHANGES TO PRICING

We may vary the prices of products listed on the website at any time and without any notice, but such changes will not apply to products in respect of which you have submitted an order.

5. PAYMENT TERMS

5.1. TOTAL PRICE

The total price for your order will be the purchase price of the product(s) you have chosen including VAT and any additional costs (i.e. delivery costs etc.). The total price for products ordered is due when you submit your order through the website.

5.2. PAYMENT METHODS

You will see the different payment methods offered by us at the checkout page and you can choose a payment method available in your country. We reserve the right, to add or remove payment methods from time to time to our discretion. You may settle our claims for payment only by using uncontested or final and unappealable receivables.

We are not responsible for any charges or other amounts which may be applied by your card issuer or bank as a result of our processing of your credit/debit card payment in accordance with your order.

If you pay using PayPal or other third party providers, the respective privacy policy of such providers will also apply. This sets out how such providers collect, retain, process, share and transfer your personal data when you use their services.

5.3. DEBIT

Regardless of the payment method you have chosen, we may charge you immediately for products (together with the relevant delivery charges).

5.4. CURRENCY

We accept payment in the payment currency Euro. If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the website.

6. DELIVERY AND RESERVATION OF TITLE

6.1. DELIVERY

In the checkout process you can select your preferred delivery method from those offered for your selected delivery address.

The products ordered will be delivered to the delivery address you provide by our engaged delivery service DHL. We deliver worldwide, provided DHL delivers to your chosen delivery address. Please ensure that you provide a valid and correct shipping address. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that changes to the shipping address are not permitted once your order has been placed.

If our supply of the products is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay of more than four weeks you may contact us to terminate the contract and receive a refund for any product(s) you have paid for but not received.

6.2. RESERVATION OF TITLE

Until the purchase price is paid in its entirety, the products remain our property. With receipt of the product all risk of damage to, or loss of the product shall pass to you.

Please note, that to the extent permitted by applicable law, any commercial resale or distribution of our products sold on the website is strictly prohibited.

7. CANCELLATION RIGHT

7.1. CANCELLATION PROCESS

As a consumer, you have the right to cancel the contract of sale you have concluded with us within fourteen (14) business days from receiving your products without giving any reason.

Your cancellation right begins on the date you place your order and ends fourteen (14) business days after the date you receive your order (hereinafter referred to as “cancellation deadline”). You must send off the declaration of cancellation within the cancellation deadline.

Steps for cancellation:

a) Please inform us at:

INGENIUM JEWELLERY GmbH
Plenergasse 1/6
1180 Wien
Österreich

E-Mail: hello@ingenium-jewellery.com

To meet the cancellation deadline, it is sufficient for you to send your information to cancel an order (via email or letter) before the cancellation deadline has expired. You may use the Cancellation Form provided by us but it is not obligatory. Upon receipt of your cancellation request we will send you a return label via E-Mail.

b) Place the item(s) in the original shipping box. You have to take best efforts to send the products back in their original condition with their original packaging and the filled in return form must be attached to the products.

c) Remove all other labels from the outside of the box.

d) Attach the returns label, which you receive by us via E-Mail, and commercial invoice (enclosed in the original parcel) to the outside of the box and seal the parcel securely.

e) Take the parcel to the nearest post office and post it. The label is not prepaid; therefore, the return is not free of charge and you must cover any delivery charges. Make sure you get a copy of the postal receipt for further reference.

7.2. EFFECTS OF CANCELLATION

a) We shall reimburse to you all payments received from you, excluding the costs of delivery.

b) We will reimburse in the same means of payment as for the initial transaction; in any event you will not incur any fees as a result of such reimbursement. Please note that if you pay fully by gift card, the amount paid can only be reimbursed as a gift card. If partial payment is made by gift card, the amount paid via your chosen payment method will be reimbursed first via the same payment method. Any remaining amount will then be reimbursed to your gift card.

c) Where you have paid any duties or taxes directly to the relevant authorities on the importation of the products you wish to return, we shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities.

d) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the product(s) if this has been caused by you handling them in an inappropriate way. If we refund you the price paid before we are able to inspect the product(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

e) Please retain your delivery note until you have received your refund.

f) If the item which you are returning was purchased in a currency other than your local currency, any refund will be paid in the same currency as purchased. Due to fluctuations in currency exchange rates the amount refunded may be higher or lower than the original price paid.

g) Vouchers can generally not be replaced or returned.

8. WARRANTY

We warrant the products are of merchantable quality and free from material or workmanship defects, provided they are subject to normal use. No additional guarantee is provided.

The warranty period is two years from receipt of the product(s).

This warranty does not cover damage to products caused by accident, misuse and abuse, modification, attempted repair, negligence after purchase, ordinary wear and tear and/or failure to follow the product’s care advice.

In the unlikely event your product(s) are found to be defective under this warranty, please contact hello@ingenium-jewellery.com or fill in our provided Cancellation Form providing details of the defective items. You will be asked for proof of purchase (e.g. your purchase or gift receipt), so please ensure you retain this.

Please note that when sending defective products back to us due to warranty reasons, INGENIUM JEWELLERY only pays for the cheapest tracked standard delivery method offered by the respective post office. Any additional costs that arise due to your decision to choose a delivery option different to the cheapest standard delivery method have to be paid by you.

9. AFFILIATES

As an affiliate of INGENIUM JEWELLERY you market our products based on the terms outlined within the Affiliate Commissions Schedule. In exchange for marketing our products you receive a corresponding monetary reimbursement in accordance with the Affiliate Commissions Schedule, which is transferred to the payment account provided to us in the registration process.

If you want to market our products as an affiliate you have to register with us. Registration requires certain mandatory fields (first name, last name, company, email address, phone number, Austrian insurance number, etc.) to be filled in truthfully on an order form. We further ask you to create and use a password to be able to access your information. We save your data in accordance to our Privacy Policy.

Every affiliate has the right to have one account at a time. Correspondingly, we have the right to delete multiple accounts and warn, cancel or delete or modify accounts of affiliates, who do not comply with regulations set forth under clause 9.

We use any data provided by you solely for the purpose of contract fulfilment and strictly according to the legal provisions. For this purpose we forward your data, if necessary, to third parties. These third parties are allowed to use your data for the purpose of contract fulfilment only and are obliged by contract to stick to the legal provisions of data protection towards us.

Affiliate data is saved in our system and can be accessed by you via a password protected portal. When registered as an affiliate, you can access your personal data as well as data regarding current and completed marketing through the portal. It is your responsibility to store your password securely and confidentially.

We are not obliged to accept and confirm every affiliate registration. We are not obliged to permanently keep our affiliate programme available.

As an affiliate you must represent all information related to INGENIUM JEWELLERY in a true and fair way towards customers and other partners. We preserve the right to delete affiliate accounts who do not represent INGENIUM JEWELLERY in a true and fair way.

10. LIABILITY

INGENIUM JEWELLERY is only liable to you for damage caused intentionally or by gross negligence.

This limitation of liability does not exclude our liability (i) for death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; or (iii) for any other liability which cannot be limited or excluded by applicable law.

Subject to the above, we will not be liable, in any case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these GTCs for any: economic losses (including without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these GTC.

11. DATA PROTECTION

Your personal data will be processed in accordance with our Privacy Policy. Please refer to our Privacy Policy if you wish to receive more information on the manner in which we use cookies, the type of information we collect, how and for what purpose we use your information and under what circumstances we disclose information. Our Privacy Policy (including information on the use of cookies) is incorporated into and form part of these GTCs.

12. OTHER TERMS

a) We may transfer our rights and obligations under these GTCs to a third party whom we have a legal relationship with. We will always ensure that the transfer will not affect your rights under these GTCs.

b) You may only transfer your rights or your obligations under these GTCs to another person if we agree to this in writing.

c) These GTCs are between you and us. No other person shall have any rights to enforce any of its terms.

d) Each of the sections of these GTCs operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

e) If we do not insist immediately that you do anything you are required to do under these GTCs, or if we delay in taking steps against you in respect of your breaking these GTCs, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

f) INGENIUM JEWELLERY, or the applicable third-party owner retains all rights, title and interest (including copyright, design, trademarks, patents or other intellectual property rights) in all materials used on this Website, including but not limited to text, names, product designs, logos and other.

INGENIUM JEWELLERY is a registered trademark of INGENIUM JEWELLERY GmbH. INGENIUM JEWELLERY monitors the use of its trademarks and will take adequate measures to enforce against any form of intellectual property infringements.

g) These GTCs and any contracts entered into with us are governed by Austrian law to the exclusion of any referrals to foreign law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Vienna is the exclusive venue for all disputes that may arise from or in connection with these GTCs. This does not affect your legal rights as a consumer in the country in which you are located. INGENIUM JEWELLERY is also authorized to sue at the customer's location.

Online dispute resolution for consumers: Consumers resident in Europe must be aware that the European Commission has established an online platform for alternative dispute resolutions that provides for an out-of-court method to solve any dispute related to and stemming from online sale and service contracts. Therefore, if you are a European consumer, you can use such platform for resolving any dispute stemming from the online contract entered into with the owner. The platform is available at the following link (http://ec.europa.eu/consumers/odr/).