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Avalon's Treasury - Jewelry and Books about Alternative Health & Crystal Healing


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General Terms and Conditions
 
§ 1 Scope of Application
(1) The offer on the website www.alternative-health-crystal-healing.com is exclusively for consumers. The following General Terms and Conditions apply to all sales contracts concluded via the online shop of Avalon's Treasury - Schneitler & Weiss GbR (hereinafter: the Seller) and consumers (hereinafter: the Buyer). According to Section 13 of the German Civil Code (BGB), consumers are natural persons with whom a contractual relationship may be concluded without a commercial or selfemployed professional activity being attributed to them.
(2) The version of the General Terms and Conditions valid at the time the contract is concluded shall be valid. Any provisions that deviate from the General Terms and Conditions, contradict them or supplement them shall not be deemed part of the contract, even if they are known, unless their application is explicitly agreed in writing.

 

 
§ 2 Conclusion of Contract
(1) The offer on the website www.alternative-health-crystal-healing.com is exclusively for consumers. The following General Terms and Conditions apply to all sales contracts concluded via the online shop of Avalon's Treasury - Schneitler & Weiss GbR (hereinafter: the Seller) and consumers (hereinafter: the Buyer). According to Section 13 of the German Civil Code (BGB), consumers are natural persons with whom a contractual relationship may be concluded without a commercial or selfemployed professional activity being attributed to them.
(2) The version of the General Terms and Conditions valid at the time the contract is concluded shall be valid. Any provisions that deviate from the General Terms and Conditions, contradict them or supplement them shall not be deemed part of the contract, even if they are known, unless their application is explicitly agreed in writing.
(3) The Seller shall be entitled to limit the order to a quantity that is usual in commercial practice.
(4) After entry of all order data and before the order is finally placed, the Buyer shall be shown a list of all items in the order and shall be granted the opportunity to correct any possible errors that had been made in entering data.

 
§ 3 Prices and Payment Conditions
(1) The price offered at the time of the order shall be binding. The price contains statutory value-added tax (VAT) insofar as due. In the case of delivery to non-EU countries no value added tax shall be charged. In this case the Buyer shall bear the incurred customs and import duties. In the case of special offers the price offered shall be limited to the term of the special offer.
(2) Additional costs are incurred for dispatching the goods. These costs shall be shown before the order is placed.
(3) Payment for the goods shall be made by credit card, payment in advance and (if supported by the country for delivery) by COD.
(4) Payments using a credit card or made in advance are taking into account in the invoice. In the exceptional case of payments on account, the purchaser must settle the invoice within 14 calendar days following invoice date. After this period, the purchaser is in arrears with the payment.
(5) The Buyer shall only have the right to offset counterclaims insofar as his/her counterclaims are undisputed or which have become res judicata. A customer shall only be entitled to assert a right of retention on the basis of counterclaims that arise from the same contractual relationship.

 
§ 4 Passing of Risk
(1) The risk of accidental loss or deterioration of the sold goods shall be transferred to the Buyer - also in the case of sale by delivery to a place other than the place of performance - upon delivery.
(2) This risk shall also be deemed transferred if the Buyer has failed to take delivery when tendered by the seller.

 
§ 5 Delivery and Shipping Charges
(1) The Seller delivers worldwide.
(2) Available products are shipped 1-3 working days after the order is received (when paid by credit card or COD) or the payment has been credited (when ordered by payment in advance). Pieces of jewelry where the buyer can choose the precious stone to be set and rings are shipped 12-18 days after the order is received or the payment has been credited. The delivery time is extended by 7-14 days for products if a gilded version of the piece of jewelry is ordered (this extra is only available for jewelry labelled accordingly).
(3) The Seller shall only deliver as long as goods are in stock.
(4) The respective dispatch costs that are incurred shall be shown before order confirmation.

 
§ 6 Reservation of Title
(1) The delivered goods shall remain the property of the Seller until complete payment of the purchase price.
(2) The Buyer must treat the goods carefully.
(3) The Buyer may neither pledge the goods nor transfer titles to such goods by way of security. The Buyer shall notify the Seller in writing without undue delay in the event of pledges or confiscation of goods or any other disposals by third parties.
(4) In the case of noncontractual behaviour of the Buyer, in particular if the Buyer is in arrears on payment or violates an obligation stated in provisions 6.2 and 6.3, the Seller shall be entitled to withdraw from the contract and demand that the goods are returned.

 
§ 7 Warranty
(1) In the case of defects the Buyer shall be entitled to choose supplementary performance by rectification or replacement. The Seller shall be entitled to refuse the chosen option for supplementary performance if it is only possible with disproportional costs and the other option does not present any major disadvantages for the Buyer.
(2) If the supplementary performance is unsuccessful, the Buyer shall in principle be entitled to choose reduction of the purchase price (reduction), cancellation of the contract (revocation) or compensation instead of performance. Should the Buyer choose compensation instead of performance of the contract, the liability restrictions of provisions 8.1 and 8.2 shall apply.
(3) According to law wrong deliveries and error in quantities are also deemed to constitute defects.
(4) The warranty period shall be two years after the goods are delivered.

 
§ 8 Liability
(1) In the case of minor negligent violation of obligations the Seller's liability shall be restricted to foreseeable, direct average damage which is typical for such contracts. This shall also apply in the case of minor negligent violation of obligations by the Seller's legal representatives or vicarious agents.
(2) The preceding liability restrictions shall not apply to product liability claimed by the Buyer. Furthermore, the liability restrictions shall not apply to bodily injury or damage to health or the death of the Buyer which is attributable to the Seller.

§ 9 Revocation Policy
 
Right of Revocation
 

The buyer shall be entitled to revoke this contract within fourteen days without stating reasons.
 
The revocation period is fourteen days and begins with the day the goods were received either by the buyer or a third party, other than the carrier and indicated by the buyer.
 
In order to exercise his right of revocation the buyer shall inform us (Avalon's Treasury - Schneitler & Weiss GbR, Dr. Clemens Schneitler & Dr. Christian Weiss, Waldstr. 14, 83395 Freilassing, Germany, Tel.: +49-8654-457 9623 1, Fax: +49-8654-457 9623 9, Email: info@AvalonsTreasury.com) using a prominent statement (e.g. a letter sent by mail, a fax or an email) about his decision to revoke this contract. The buyer can use our model revocation form for this statement but this is not required.
 
It is sufficient for the observance of the revocation period if the buyer dispatches his notification concerning the exercise of his right of revocation before the expiration of the revocation period.

Consequences of the Revocation
 

If the buyer revokes this contract we shall pay back all payments we have received from him including shipping fees (except additional costs that arose because the buyer chose a different kind of shipping than the economical standard shipping offered by us) immediately and not later than fourteen days beginning with the day we received the notification concerning his revocation of this contract. We will use the same payment method for this payback the buyer used for the original transaction unless we explicitly agreed on something different with the buyer; in no case fees are charged to the buyer for this payback. We can refuse the payback until we have received back the goods or until the buyer has provided evidence that he has sent back the goods whichever is earlier.
 
The buyer shall immediately and in any case not later than fourteen days beginning with the day he informed us about the revocation of this contract send back the goods or hand them over to us. This period is observed if the buyer dispatches the goods before the expiration of the period of fourteen days. The buyer shall bear the direct cost of returning the goods. The buyer only has to pay the potential deterioration of goods if this deterioration is traced back to dealings that are not necessary in order to inspect the quality, properties and functionality of the goods.

§ 10 Our Voluntary Returns Guarantee
 
Without prejudice to the buyer's statutory rights, we provide the buyer with the following voluntary returns guarantee:
 
The buyer can return all products we sell to us (Avalon's Treasury - Schneitler & Weiss GbR, Dr. Clemens Schneitler & Dr. Christian Weiss, Waldstr. 14, 83395 Freilassing, Germany, Tel.: +49-8654-457 9623 1, Fax: +49-8654-457 9623 9, Email: info@AvalonsTreasury.com) without stating reasons in order to revoke his contract within 30 days beginning with the day the goods were received either by the buyer or a third party, other than the carrier and indicated by the buyer if the products are complete and are in an unused and undamaged condition.
 
If the buyer returns products according to this voluntary returns guarantee, we will refund the purchase price paid by him including the standard shipping fees of his original order except additional costs that arose because the buyer chose a different kind of shipping than the economical standard shipping offered by us. The buyer shall bear the direct cost of returning the goods. The payback will be made not later than fourteen days beginning with the day we received back the goods or until the buyer has provided evidence that he has sent back the goods whichever is earlier. We will use the same payment method for this payback the buyer used for the original transaction unless we explicitly agreed on something different with the buyer; in no case fees are charged to the buyer for this payback.
 
This returns guarantee does not affect the statutory rights of the buyer and therefore does not affect your right of revocation as described above.

 
§ 11 Information about the Online Dispute Resolution Platform
The European Commission has created an internet platform for online settlement of disputes (the so-called "ODR platform"). The ODR platform acts as a focal point for the extrajudicial settlement of disputes between customers and merchants concerning contractual obligations arising from online purchase or service contracts. The ODR platform is accessible via the following link: http://ec.europa.eu/consumers/odr

 
§ 12 Storage of Data
(1) Seller will respect all the requirements of data protection, especially the regulations of the protection of telecommunication data.

 
§ 13 Jurisdication
(1) The law of the Federal Republic of Germany shall apply with exemption of the UN convention on the Sale of International Goods which expressively shall not apply. This choice of law shall only apply insofar as this does not deprive the consumer of the protection provided by mandatory legislation of the country of her/his ordinary residence.

 
§ 14 Written form
(1) Changes or additions to the contract, as well as possible supplementary stipulations - especially to this written form requirement - are valid only in written form.

 
§ 15 Separability Clause
(1) Should one or several provisions of these General Terms and Conditions be or become completely or partially invalid or unenforceable, this shall not affect the validity of all other provisions or agreements thereof.

 

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Legal Notice:
 
Avalon's Treasury
Schneitler & Weiss GbR
 
Waldstr. 14, 83395 Freilassing, Germany
Tel.: +49-8654-457 9623 1, Fax: +49-8654-457 9623 9
Email: info@AvalonsTreasury.com
 
Authorized Representatives:
Dr. Clemens Schneitler and Dr. Christian Weiss
 
Tax ID: 105/176/40803, VAT identification number in
accordance with § 27 a VAT Act: DE230625103
 
Information about the Online Dispute Resolution Platform: The EU commission has created an internet platform for the extrajudicial settlement of disputes concerning contractual obligations between customers and merchants arising from online contracts (the so-called "ODR platform") which is accessible via the following link: http://ec.europa.eu/consumers/odr


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