Terms and Conditions
§ 1 Identity
Contracting partner for all agreements entered into through www.quite-quiet.com is:
Quite Quiet GmbH
Auguststraße 74
10117 Berlin
Managing directors / Geschäftsführer: Johanna Schoemaker und Jonas Buck
phone: +49 (0) 30 23927102
e-mail: hello@quite-quiet.com
VAT-ID-Nr. : DE296828683
Bank Information:
Account holder: Quite Quiet GmbH
IBAN: DE17 1005 0000 0190 3496 38
BIC: BELADEBEXXX
Berliner Sparkasse
Hereinafter referred to as QQ
§ 2 Scope of application
These General Business Terms and Conditions exclusively apply for the business relationship between QQ and the customers in the current version valid at the time of contract conclusion, unless explicitly otherwise agreed. Deviating conditions of the orderer are not recognized unless QQ explicitly consents to the applicability of those other conditions.
Contracts concerning the online offer are exclusively concluded with (end) consumers (“customers” in the following). According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for a purpose that can neither be attributed to their commercial nor their self-employed professional work.
The right of revocation in § 8 of these General Terms does not apply to business relationships between QQ and entrepreneurs according to § 14 BGB. Customers, who are unsure whether they are consumers or entrepreneurs, are recommended to exercise their right of revocation in a timely manner. Should it become apparent that the customer is an entrepreneur according to § 14 BGB, line 1 applies.
§ 3 Contract conclusion / technical process/ contractual language
The presentation of the products does not present a binding contract offer. The customer for his/her part does place a binding offer by submitting an order through the online shop. QQ reserves the right to freely decide about accepting the offer. A contract offer is only accepted once the order confirmation has been sent to the customer, generally by email.
The products in the online shop of QQ may marginally deviate from the product images in individual cases, as the pieces of jewelry are handcrafted. In general, the single product pages display the availability of products. However, this information is only tentative. After the order has been received, QQ checks the actual availability and reserves the right to withdraw from a contract based on § 4 of these General Terms.
The customer can select single or multiple items on the respective pages of the goods offered in the online shop and place products into the virtual shopping cart by clicking the button "ADD TO CART" or the corresponding graphic icon. After placing all desired items into the shopping cart, the customer can access an overview of the items by clicking on the "CART" button or the corresponding icon. By clicking the button “CHECKOUT” or the corresponding icon, the customer can start the order process. On the following page, the customer enters his/her personal data. After submitting the email address, the delivery address as well as the payment data (credit card or PayPal) must be entered.
This page also shows the customer the delivery method utilized by QQ as well as any potential shipment fees. The customer additionally has the possibility of entering a discount or voucher code; The appropriate discount is calculated by clicking on the button “APPLY”.
Before sending off the binding order, the customer has the option to review the quantity and type of the selected items and may edit these if needed. Through the standard browser functions as well as by clicking on the single selected items or the icons the customer may view, remove or modify the goods as well as other data in the purchase procedure.
At the bottom of the page, the customer sends off all data of the order by clicking the “PURCHASE” button and thereby places a binding offer. A page subsequently opens that confirms the customer’s order. The offer is accepted by QQ as specified in paragraph 1.
The contractual text is exclusively provided in English.
§ 4 Right of withdrawal
QQ reserves the right to withdraw from the sales contract,
- if products cannot be delivered due to a missing supply to QQ and QQ informs the customer of this instantly after concluding the contract;
- if an insured shipping is not possible to the order’s destination country as selected by the customer by means of the shipping company or the insurer chosen by QQ and QQ instantly informs the customer of this after concluding the contract.
§ 5 Prices
QQ always makes efforts to display correct product prices in its online shop. Despite those efforts incorrect prices could be displayed in individual cases. QQ checks the price again prior to shipping of any articles and will notify the customer in case an incorrect price was displayed. If the actual price is higher than the displayed price, the customer can cancel the order at no cost. If the actual price is lower than the displayed price, QQ will only charge the lower price.
The displayed individual product prices include the statutory value added tax. The total tax amount of an order can be reviewed during checkout.
Applicable shipping charges that need to be paid by the customer are displayed during the checkout process and are included in the displayed order total during checkout.
QQ reserves the right to adjust the pricing according to not maintainable increased costs for orders with an agreed upon delivery time of more than six weeks. Customers are granted the right to cancel the order if they do not accept the increased price.
§ 6 Terms of Delivery, Shipping Charges, Custom Duties, Return Shipping Charges
Generally, items are shipped with the shipping carrier DHL. Deliveries with a total value of more than EUR 500 are shipped via DHL or UPS. Goods are shipped only after the full invoice amount has been received by QQ.
QQ reserves the right to split an order into partial deliveries within a reasonable extent.
Certain countries are excluded from insured shipping by QQ’s shipping partner. If an insured shipment is not possible to the desired destination, QQ will notify the customer after the order is received and potentially cancel the order according to § 4 of these terms and conditions.
Shipments within the Federal Republic of Germany are free of charge[MF1] . For shipments outside the Federal Republic of Germany shipping charges may apply. Shipping options and their related applicable charges are displayed during checkout. The order summary displays the total of all applicable shipping charges.
The following shipping charges apply:
Shipping within Germany: EUR 0,00
Shipping within the European Union: EUR 0,00
Shipping outside the European Union (Total order value up to EUR 300): EUR 20,00
Shipping outside the European Union (Total order value above EUR 300): EUR 0,00
For shipments outside the European Union custom duties and taxes might apply. QQ has no influence on those charges. Therefore all applicable charges or required actions are the sole responsibility of the customer.
The customer needs to cover the costs of return shipments when exercising the right of withdrawal. (See § 8)
§ 7 Payments
The following payment options are available to the customer:
PayPal
PayPal is an online payment service that offers fast and secure payments. With PayPal, the customer can choose for each transaction if he or she would like to pay via wire transfer, bank withdrawal, via available balance in his PayPal-Account or via credit card. Independent of the chosen PayPal method, no additional charges apply to the customer.
QQ’s PayPal payment address is jonas@quite-quiet.com
Credit Card
For payments via credit card, the customers’ card is charged immediately when the order is placed. After the card is charged successfully, the order is shipped once completed.
There are no additional charges for the customer when paying via credit card.
§ 8 Right of revocation
Revocation policy:
You have the right of revocation of the contract within fourteen days without giving reasons.
The revocation period is 14 days from the day you take possession of the goods or any other person not being the carrier of the goods has taken possession of the goods on your behalf. In the event of an order of several goods not being delivered at the same time the revocation period is 14 days from the day you take possession of the last article or any other person not being the carrier of the goods has taken possession of the last article on your behalf. In the event of partial shipments of the goods the revocation period is 14 days from the day you take possession of the last part of the delivery or any other person has taken possession of the last part of the delivery on your behalf.
To use your right of revocation of the contract you need to send an explicit notice of revocation (i.e. a letter or an email) about your choice to revoke the contract to
Quite Quiet GmbH
Auguststraße 74
10117 Berlin
Tel. +49 (0) 30 23927102
Email: hello@quite-quiet.com
To do so, you may use the attached s t a n d a r df o r mf o rr e v o c a t i o n, which is not mandatory, however.
To stay within the withdrawal deadline, it is sufficient to send the notification concerning your exercise of the right of revocation within the revocation period.
Consequences of the revocation:
In case of your revocation of this contract we will reimburse you for all payments including shipping costs (apart from the costs arising from your choice of another but standard shipping). We shall reimburse you instantly, at least within 14 days from the day we receive your notice of revocation of this contract. We will use the same payment method for the reimbursement as you used for the initial payment, unless otherwise explicitly agreed; you won’t be charged for the reimbursement. We have the right to refuse the reimbursement until the return of the goods or until you provide evidence of the return shipment of the goods, whichever time is earlier. You shall return the goods instantly, at least within 14 days from the day you send us your notice of revocation of this contract. It is sufficient to send out the goods within this time period.
Quite Quiet will cover the direct costs for the return shipping within the EU. In the event the goods cannot naturally be sent by mail and have already been shipped to your address at the time oft he conclusion of the contract we will pick up the goods at your address at our own expenses. You are only liable for the deterioration of the goods being a result of a use exceeding the extent necessary to examine their condition, characteristics and functioning.
Special note:
The right of revocation is excluded for
1. Contracts on the delivery of goods that are not prefabricated and require a single selection or specification by the consumer to be produced or that are clearly tailored to the personal needs of the consumer,
2. Contracts on the delivery of sealed goods, that are not suited for return for reasons of protection of health or hygiene, if their seal has been removed after the delivery.
End of the cancellation policy
When testing or sampling the goods, you are asked to treat the items with care, should you be unsure whether to keep them or not. Jewelry pieces are very sensitive and can be easily damaged. Thus handling these gently is recommended, so that no compensation for damages would be charged in the case of a return for any potential value deterioration.
§ 9 Dispute resolution process
The European Commission’s platform for resolving disputes: http://ec.europa.eu/consumers/odr/.
QQ is not prepared nor required to take part in dispute resolutions proceedings before a consumer arbitration board according to the German Consumer Dispute Resolution Process Law (VSBG).
§ 10 Retention of title
Until the goods have been completely paid, they remain the property of QQ.
§ 11 Warranty and liability
If there is a defect of the purchased goods, the customer may demand his/her nature of the subsequent performance, such as removal of the defect or subsequent delivery.
In case the subsequent performance fails twice or the customer has unsuccessfully set an appropriate deadline for the subsequent performance, the customer is entitled to freely choose between withdrawing from the contract and demanding a reduction.
The period of limitations is two years from delivery of the goods. In the case of used items, the period of limitation is one year from delivery of the goods.
Defect liability cases are to be promptly processed with QQ. Negotiations with independent representatives who are not directly employed by QQ do no constitute negotiations in terms of § 203 para. 1 BGB.
In the event of liability of defect claims based on malice or gross negligence, including malice or gross negligence of representatives or employees of QQ, QQ is liable under the statutory rule. Insofar as QQ’s breach of contract is found to be neither malice nor gross negligence the liability is limited to the restitution of any foreseeable damages that typically arise. In the event of a breach of supplementary performance duties, QQ is not liable for slight negligence.
Liability for culpable injury to life, body or health remains unaffected; This also applies to the mandatory liability according to product liability laws and other mandatory statutory regulations.
If QQ is responsible for a delay in deliveries, the legal provisions determine the liability. However, damages due to delays are only compensated if QQ, its legal representatives or vicarious agents are guilty of willful or grossly negligent actions. The compensation for damages caused by delay is limited to foreseeable, typically arising damages.
§ 12 Delivery Damages
If any damages are visible upon delivery, QQ asks the customer to obtain a written notice from the transport company and to notify QQ accordingly. This applies in particular to damages visible from the outside. The customers’ legal warranty rights remain unaffected also without a written note. The written note solely supports QQ’s claims against the transport company or its insurance company. We kindly ask the customer to send any photos that show the damages to QQ.
Quite Quiet GmbH
Auguststraße 74
10117 Berlin
E-Mail: hello@quite-quiet.com
§ 13 Data protection
QQ informs the customers that the data collected as part of the contract conclusion are acquired, processed and utilized according to the German Federal Data Protection Law (BDSG) and the German Tele-Media Law (TMG) by QQ in order to fulfill the duties enshrined in the sales contract. This data may also be transmitted to commissioned partners (such as shipping companies) that have been carefully selected as per § 11 BDSG in order to fulfill the contractual duties.
The contractual text is saved by QQ and will be sent to the customer with the order data by email.
When registering for the newsletter, the email address and the customer’s name is used by QQ for promotional measures with the customer’s permission, until the customer unsubscribes from QQ’s newsletter.
All data are only used for the intents and purposes described and are not shared with unauthorized third parties.
Privacy statement according § 13 Abs. 1 TMG
In order to record statistics as to when any contents of this website are accessed and viewed, the following data is recorded:
- IP-address
- URL of viewed site
- Referrer (Previously visited site that linked to the viewed site)
- Date and time of your request
- Duration of your request
The data recorded during the visit is solely used for internal purposes and not forwarded to third parties.
Cookies
This website uses cookies (session-cookies and permanent-cookies). Cookies are server-generated text files that store information about the visiting user on the related device.
Session-Cookies are only saved for the duration of the website visit, permanent-cookies are stored permanently on the user’s device. During a repeated visit of the website, the server can identify the user and evaluate the recorded data. The data obtained by the use of cookies can be combined with usage profile data.
Google Analytics
This website uses Google Analytics, a web analytics service provided by Google, Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA ("Google"). Google Analytics uses "cookies", which are text files stored on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google[MF2] will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google will not combine your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. In addition, you can avoid the collection and processing of cookie generated and website visit related data (including your IP-address) by Google if you download and install the browser-plugin available under the following link [http://tools.google.com/dlpage/gaoptout?hl=de].
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Facebook Plugin
This website uses social plugins (“plugins”) from the social network facebook.com which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”).
By visiting a website with this plugin, a connection to Facebook’s servers is made and the plugin is displayed. Hereby data about currently visited websites is transmitted to the Facebook-servers. If you are logged in to your Facebook account, Facebook combines this information with your Facebook profile. When using plugin functionality (e.g. by clicking the “like”-button), this information is associated with your Facebook account, which only can be avoided by logging out of your Facebook account prior to using the plugin. More detailed information regarding the data usage by Facebook and your associated rights and options to protect your privacy can be found in the privacy policy by Facebook.
Pinterest Plugin
This website uses social plugins (“plugins”) from the social network Pinterest Inc., 635 High Street, Palo Alto, CA, 94301, USA („Pinterest“). The Pinterest plugin can be identified by a “P” inside a circle or a “pin-it” button. When visiting this website, the browser establishes a connection to Pinterest-Servers and information regarding your visit is transferred. Potentially additional data is transferred to and saved by Pinterest. The operator of this website has no knowledge or influence on the type and usage of information transmitted. Further information can be obtained in Pinterest’s privacy policy (available under https://about.pinterest.com/de/privacy-policy). If you are logged into your Pinterest account while visiting this site, Pinterest can combine your visit and potentially other data with your account. If you do not want that your data is associated to your Pinterest account, please log out of your Pinterest account prior to visiting this website.
Instagram Plugin
On this website functionality by the Social-Media-Network Instagram is embedded. This functionality is provided by Instagram LLC, 1601 Willow Road, Menlo Park, CA, 94025, USA. If you are logged into your Instagram account during your visit, you can link content from this website to your Instagram account. Hereby Instagram can associate your visit of this website to your Instagram account. We notify you that as operator of this website, we have no knowledge of the data transmitted or its usage by Instagram. Further information can be obtained in Instagram’s privacy policy that is accessible under the following link: http://instagram.com/about/legal/privacy/
Objection, Cancellation, Disclosure, Correction, Blocking, Deletion
The visitor of QQ’s website is granted the right to cancel the agreement to the usage of his data according to § 15 Abs. 2 Nr. 4 TMG as well as demanding information regarding the data collected related to their use of the website. Furthermore the visitor is granted the right to demand the deletion, correction or blocking of this data within the legal framework. To exercise their rights, or to declare their objection to the creation of a user profile, the user sends an e-mail to hello@quite-quiet.com, with (if required for his demand) his IP-address and the time of his visit. Based on this, QQ will provide the requested information and initiate the correction, blocking, or deletion of the data, if possible. The information can be upon request provided electronically.
§ 14 Final Provisions
The legal invalidity of any regulation in these terms does not affect the legal validity of the (other) regulations of these terms. In case a regulation in these terms is or becomes invalid, the remaining regulations shall remain unaffected. In lieu of the ineffective regulation the pertinent statutory rules will apply.
The law of the Federal Republic of Germany shall exclusively apply – insofar as legally permissible – excluding rules and regulations of conflict of laws and private international law.
The exclusive place of contract fulfillment and jurisdiction for all disputes as well as delivery or payment conflicts is Berlin (Germany) – insofar as legally permissible.
For end consumers the place of contract fulfillment and jurisdiction is the place of the buyers’ residency. If the buyer does not have his residency within the European Union the place of jurisdiction is Berlin. Regarding commerce with end-consumers within the European Union, the relevant laws of that country may also be applicable, provided that it concerns obligatory consumer rights provisions.
April 2017