General Terms and Conditions and Customer Information

Last updated: 29.09.2026

I. General Terms and Conditions

§ 1 Basic Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (VIVIANNASCHMUCK, Na Wang) via the website www.viviannaschmuck.de. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. A trader is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 Conclusion of the Contract

(1) The subject of the contract is the sale of goods, in particular jewellery, which we personalise according to your specifications on request.

(2) By placing the respective product on our website, we already make you a binding offer to conclude a contract via the online shopping cart system on the terms stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows: the goods you intend to purchase are placed in the “Cart”. You can open the “Cart” using the corresponding button and make changes there at any time. After opening the “Checkout” page and entering your personal details and the payment and shipping terms, the order details are finally displayed to you as an order summary.

If you use an instant payment system (e.g. PayPal or Klarna) as your payment method, you will either be taken to the order summary page in our online shop or redirected to the website of the provider of the instant payment system. If you are redirected to the respective instant payment system, you make the relevant selection or enter your details there. Finally, the order details are displayed to you as an order summary on the website of the provider of the instant payment system or after you have been returned to our online shop.

Before submitting the order, you have the opportunity to check the details in the order summary again, to change them (including via the browser's “back” function) or to cancel the order. By submitting the order via the “Pay now” or “Buy now” button, or a button with equivalent wording, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for us to prepare a quotation, for example for custom-made items or changes after the order, are non-binding for you. We will make you a binding offer in text form for this (e.g. by email with a payment link), which you can accept within 5 days (unless a different period is stated in the respective offer).

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by email, partly automatically. You must therefore ensure that the email address you have provided to us is correct, that receipt of the emails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Personalised Goods

(1) You provide us with the details, texts or files required for personalisation via the online ordering system (e.g. the engraving window on the product page) or by email, at the latest without undue delay after conclusion of the contract. Any specifications we make regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, name rights, trade mark rights or personality rights) or violates applicable laws. The statutory provisions apply to any breach of these obligations for which you are responsible.

(3) Please check your personalisation details carefully before submitting your order, in particular names, dates and the choice of motifs. We do not carry out any editorial checking or correction of your details. The agreed personalisation details are decisive for production. Your statutory rights in the event of incorrect execution by us remain unaffected.

(4) We may begin producing personalised goods once the order has been received. If payment in advance has been agreed, production does not begin until payment has been received.

(5) For personalised goods for which there is no statutory right of withdrawal, we offer a voluntary cancellation free of charge if we receive your cancellation request within two hours of your placing the order and engraving has not yet begun at that time. What counts is the receipt of your message, not the time at which we process it. In the event of such a free cancellation, we will refund any payments already made for the cancelled order. Outside this goodwill arrangement, there is no additional contractual right to cancellation free of charge. Statutory rights of withdrawal, termination and rescission and rights in respect of defects remain unaffected. Insofar as termination is permitted under the statutory provisions, its consequences for remuneration are governed by those provisions. In particular, expenses saved and alternative earnings must be taken into account in accordance with the statutory provisions.

(6) We will make a one-off simple correction to the engraving text, for example of a spelling mistake or a date, free of charge if we receive the change request within two hours of the order being placed, engraving has not yet begun at that time and the correction is technically possible within the scope of the design ordered. What counts is the receipt of your message, not the time at which we process it. Changes to the product, quantity or material, additional design services and any other changes outside this free correction require a separate agreement. We will inform you in advance of any additional charges; we will only carry out chargeable changes with your consent. Statutory rights in respect of defective performance by us remain unaffected.

§ 4 Right of Withdrawal, Voluntary Returns and Exchanges

(1) Consumers have a statutory right of withdrawal of 14 days; the terms set out in our Withdrawal Instructions apply to it. There is no right of withdrawal for contracts for the supply of goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive, or that are clearly tailored to the personal needs of the consumer; this applies in particular to pieces of jewellery that we make with an engraving individually specified by you, such as a name, date or your own motif. The mere selection of an offered standard colour or standard size does not in itself constitute an exclusion of the right of withdrawal.

(2) You can return non-personalised goods within 30 days of receipt if they are unworn and undamaged. This voluntary return option applies in addition to your statutory right of withdrawal of 14 days. You bear the costs of return shipping. We will refund the purchase price via the payment method originally used or exchange the goods, at your choice.

(3) For defect-free personalised goods that fall under the exception to the statutory right of withdrawal pursuant to § 312g para. 2 no. 1 BGB, we do not grant any general contractual right of return or exchange. On request, we decide on a case-by-case basis whether to offer a goodwill solution, for example a remake at a reduced price, a chargeable modification or an exchange. Before reaching an agreement, we will clarify with you the specific scope of services, any replacement product, the amount to be paid or credited and the shipping costs. An agreement reached in an individual case is binding on both parties. Our consent in text form (e.g. by email) is required before any return based solely on goodwill. Statutory rights of withdrawal, termination and rescission, rights in respect of defects and other statutory refund claims remain unaffected.

(4) Please notify us of returns in advance via our contact form or by email to kontakt@viviannaschmuck.de and state your order number so that we can match it. Prior notification is not necessary for an effective withdrawal. You can also use our online withdrawal form to declare your withdrawal.

(5) In the event of a defect, the statutory warranty under § 7 applies to all goods, including personalised goods.

§ 5 Payment, Discount Codes and Gift Vouchers

(1) The payment methods available for your order will be displayed to you at the latest at the beginning of the ordering process. Different payment methods may be available depending on the country of delivery, the device and the checks carried out by the payment service provider. Payment is processed by the payment service provider named in the ordering process; its payment terms displayed there apply in addition. The total amount displayed before you place the order and the due date communicated for the chosen payment method are decisive. If payment by bank transfer has been expressly agreed, you will receive the bank details and payment instructions separately. In this case, we will only begin production and shipping after receipt of payment; the delivery period stated for your order takes this into account.

(2) Discount codes, for example the welcome code for newsletter subscribers giving 10% off the first order, can be redeemed once per customer, cannot be combined with other discount codes and cannot be applied retrospectively to orders already placed. A minimum order value or further exceptions only apply if they are stated for the respective promotion. Discount codes cannot be redeemed for cash.

(3) Gift vouchers can be redeemed in the online shop for all products. Any balance remaining after redemption is retained for future orders.

§ 6 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

(2) The goods remain our property until the purchase price has been paid in full.

(3) If you are a trader, the following also applies:

a) We retain title to the goods until all claims arising from the ongoing business relationship have been settled in full. Before ownership of the goods subject to retention of title has passed, pledging them or transferring them by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. For this case, you hereby assign to us in advance all claims in the amount of the invoice value that accrue to you from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not duly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined or mixed, we acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request insofar as the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released rests with us.

§ 7 Statutory Warranty

(1) The statutory rights in respect of defects apply. For consumers, the statutory warranty of at least two years from delivery applies to all our pieces of jewellery, including personalised ones. Information on the statutory warranty and the official EU notice can be found at www.viviannaschmuck.de/pages/gewaehrleistung. If, in a consumer goods purchase, a repair is carried out as part of subsequent performance under § 439 BGB, the original limitation period for claims for defects is extended once by twelve months in accordance with § 475e para. 5 BGB. The statutory transitional provisions remain unaffected.

(2) As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. If you do not do so, this has no effect on your statutory warranty claims.

(3) Insofar as a characteristic of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are a trader, the following applies in derogation from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed to be the agreed quality of the goods, but not other advertising, public promotions or statements by the manufacturer.

b) In the event of defects, we provide warranty, at our choice, by repair or replacement delivery. If the remedy of the defect fails, you may, at your choice, demand a price reduction or rescind the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless anything to the contrary arises in particular from the nature of the goods or the defect or other circumstances. In the case of repair, we do not have to bear the increased costs arising from the goods being taken to a place other than the place of performance, provided that this relocation does not correspond to the intended use of the goods.

c) The warranty period is one year from delivery of the goods. This shortening of the period does not apply:

• to culpably caused damage attributable to us arising from injury to life, body or health, or to other damage caused intentionally or through gross negligence;
• insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
• to items that have been used for a building in accordance with their customary use and have caused its defectiveness;
• to statutory rights of recourse that you have against us in connection with rights in respect of defects.

§ 8 Choice of Law, Place of Jurisdiction

(1) German law applies. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence (favourability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(3) If you are a merchant within the meaning of the Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, our place of business is the exclusive place of jurisdiction for all disputes arising from this contract.

II. Customer Information

1. Identity of the Seller

VIVIANNASCHMUCK
Na Wang
Landwehr 2
22087 Hamburg
Germany
Phone: +49 40 21 99 11 92
Email: kontakt@viviannaschmuck.de

Consumer dispute resolution: we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

2. Information on the Conclusion of the Contract

The technical steps for concluding the contract, the conclusion of the contract itself and the options for correction are governed by the provisions under “Conclusion of the Contract” in our General Terms and Conditions (Part I, § 2).

3. Contract Language, Storage of the Contract Text

3.1. The contract language is German.

3.2. We do not store the full text of the contract. Before the order is submitted via the online shopping cart system, the contract details can be printed out using the browser's print function or saved electronically. Once we have received the order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

3.3. For quotation requests outside the online shopping cart system, you will receive all contract details as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential Characteristics of the Goods

The essential characteristics of the goods can be found in the respective offer.

5. Prices and Payment Terms

5.1. The prices stated in the respective offers and the shipping costs are total prices. They include all price components, including all applicable taxes.

5.2. The applicable shipping costs are not included in the purchase price. They can be viewed on our shipping page or in the respective offer, are shown separately during the ordering process and are to be borne by you in addition, unless free delivery has been promised.

5.3. If delivery is made to countries outside the European Union, for example to Switzerland, further costs for which we are not responsible may arise, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which are to be borne by you.

5.4. Any costs incurred for money transfers (transfer or exchange rate fees charged by credit institutions) are to be borne by you in cases where delivery is made to an EU member state but payment was initiated outside the European Union.

5.5. The payment methods available to you are displayed in the ordering process; further details are set out in Part I, § 5.

5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

6. Delivery Terms

6.1. The countries we deliver to, the delivery times and any delivery restrictions can be found on our shipping page and in the respective offer. Delivery restrictions are stated at the latest at the beginning of the ordering process. Orders for delivery are only possible to the delivery addresses and with the shipping methods offered in the ordering process. Where collection is offered, you will be informed of the collection point and the information on its availability for collection in the ordering process.

6.2. If you are a consumer, the law provides that the risk of accidental loss and accidental deterioration of the item sold during shipping only passes to you upon handover of the goods to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a carrier not named by the trader or another person designated to carry out the shipment.

If you are a trader, delivery and shipping are at your risk.

7. Statutory Liability for Defects

Liability for defects is governed by the “Statutory Warranty” provision in our General Terms and Conditions (Part I, § 7).

8. Right of Withdrawal

As a consumer, you have a statutory right of withdrawal. Details, including on the exceptions, the voluntary 30-day return and the online withdrawal form, can be found in our Withdrawal Instructions and in Part I, § 4.

9. Data Protection

Information on the processing of your personal data can be found in our Privacy Policy. You can unsubscribe from the newsletter at any time free of charge via the unsubscribe link in every email or by sending a message to kontakt@viviannaschmuck.de.