Terms & Conditions

§ 1 Scope

(1) These Terms & Conditions apply to all contracts concluded between DAPHELIA (hereinafter referred to as the “Provider”) and consumers via the online shop.

(2) A consumer within the meaning of these Terms & Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

§ 2 Contracting Party

The contracting party for all purchase agreements concluded via the online shop is:

DAPHELIA
Owner: Merve Tuncbulut
Teplitzer Straße 9
91056 Erlangen
Germany

§ 3 Offer and Conclusion of Contract

(1) The products presented in the online shop are intended solely to provide information about the product range and do not constitute a binding offer to conclude a purchase agreement. By submitting an order, the customer makes a binding offer to purchase the selected goods.

(2) By clicking the “Order with obligation to pay” button, the customer submits a binding order for the products contained in the shopping cart. The purchase agreement is concluded only when the Provider expressly accepts the order by sending an order confirmation or dispatches the ordered goods to the customer.

§ 4 Prices, Payment Due Date and Retention of Title

(1) All prices stated in the online shop are final prices in euros and include the applicable statutory VAT and all other price components, unless otherwise stated.

(2) Shipping costs may be charged in addition to the purchase price. Their amount depends in particular on the type and scope of the order and the respective country of delivery. The specific shipping costs are displayed transparently to the customer in the shopping cart and in the order overview before the order is completed. Only the prices displayed at the time of the order shall apply.

(3) Unless otherwise agreed, the full purchase price is due for payment immediately upon conclusion of the purchase agreement.

(4) The delivered goods remain the property of the Provider until all claims arising from the respective purchase agreement have been paid in full.

§ 5 Payment Methods

Depending on availability during the checkout process, the customer may choose from various payment methods. These include in particular:

PayPal
Klarna Sofort
Klarna Invoice
Apple Pay
Google Pay
Credit and debit card payment (Mastercard, VISA, Maestro, American Express and UnionPay)

The Provider reserves the right to restrict or not offer individual payment methods in specific cases or depending on the order value, delivery country or the result of a credit assessment, insofar as legally permissible.

§ 6 Shipping and Delivery Conditions

(1) Deliveries within Germany, excluding German islands, are generally made via Deutsche Post or DHL. The estimated delivery time is approximately three to five business days. Shipping costs amount to €3.95. The applicable shipping costs are displayed to the customer in the shopping cart during the ordering process.

(2) Orders with a value of €59.00 or more qualify for free shipping within Germany.

(3) Deliveries to Member States of the European Union are generally made via DHL. Depending on the respective destination country, the estimated delivery time is approximately four to twelve business days. Shipping costs depend on the order value and destination country and range from €3.95 to €9.90. The shipping costs displayed during the ordering process shall apply.

(4) Deliveries to Switzerland and Liechtenstein are also made via DHL. The delivery time is generally four to twelve business days. Shipping costs vary depending on the order value and range from €5.00 to €14.00. Any import duties, customs charges or other public charges incurred in the destination country must be borne by the customer.

(5) Deliveries to other countries outside the European Union are made, depending on the destination country, via DHL, Deutsche Post or a comparable shipping provider. The delivery time is generally four to twenty-one business days. Shipping costs depend on the destination country and order value and range from €8.00 to €25.00. Any customs duties, import taxes or other charges imposed by the respective destination country shall be borne by the customer.

(6) If payment in advance has been agreed as the payment method, the delivery period begins only once the full invoice amount has been received in the Provider’s account.

§ 7 Transport Damage

(1) If goods are delivered with visible transport damage, the Provider recommends that the customer, where possible, immediately report this to the delivery service and notify the Provider of the damage without undue delay.

(2) Failure to report transport damage does not affect the customer’s statutory rights, in particular any existing warranty claims. The notification serves solely to assist the Provider in asserting any claims against the transport company or its insurer.

§ 8 Free Returns

(1) Irrespective of the statutory right of withdrawal available to consumers, the Provider grants the customer the right to return the goods received free of charge within the statutory withdrawal period. Upon request, the Provider will provide the customer with appropriate return documentation, such as a return label or return code.

(2) Free return shipping applies to all items that have only been handled to the extent necessary and reasonable to inspect their nature, characteristics and functionality, comparable to an inspection in a physical retail store.

(3) The customer must compensate for any loss in value of the goods resulting from handling beyond what is necessary to inspect their nature, characteristics and functionality, for example where items have been worn, heavily soiled or deliberately damaged. The Provider reserves the right to offset such compensation against the refund of the purchase price.

(4) To register a return and obtain return information, the customer may contact support via the contact form on the website or by email at info@daphelia.com.

§ 9 Right of Withdrawal

(1) Consumers are entitled to the statutory right of withdrawal for distance contracts in accordance with the applicable statutory provisions.

(2) The exercise of the right of withdrawal is governed exclusively by the statutory provisions reproduced below.

– Beginning of the Instructions on Withdrawal –

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 designated by you, who is not the carrier, took possession of the last item.

To exercise your right of withdrawal, you must inform us:

DAPHELIA
Owner: Merve Tuncbulut
Teplitzer Straße 9
91056 Erlangen
Germany
Email: info@daphelia.com

of your decision to withdraw from this contract by means of an unambiguous statement, for example by letter sent by post or by email. You may use the model withdrawal form provided below, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs, except for any additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery offered by us, without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract.

For this reimbursement, we will use the same means of payment that you used for the original transaction unless expressly agreed otherwise with you. In no event will you be charged any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or until you have provided evidence that you have returned the goods, whichever occurs first.

You must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you inform us of your withdrawal from this contract:

DAPHELIA
Teplitzer Straße 9
91056 Erlangen
Germany

The deadline is met if you send the goods before the fourteen-day period has expired.

We will bear the costs of returning the goods.

You are only liable for any diminished value of the goods resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

– End of the Instructions on Withdrawal –

§ 10 Model Withdrawal Form

If you wish to withdraw from the contract, you may use the following form. Use of the form is voluntary and is not a prerequisite for effectively exercising your right of withdrawal.

– Beginning of the Model Withdrawal Form –

To:

DAPHELIA
Teplitzer Straße 9
91056 Erlangen
Germany

Email: info@daphelia.com

I/We () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods:

Ordered on: ____________________________

Received on: ___________________________

Name of consumer(s):

Address of consumer(s):

Email address (optional):

Date:

Signature (only if this form is submitted on paper):

(*) Delete as appropriate.

– End of the Model Withdrawal Form –

§ 11 Warranty

(1) The statutory provisions on liability for defects apply to all goods offered through our online shop unless otherwise provided below.

(2) Any additional guarantee applies only where it is expressly stated for the respective item or has been confirmed in writing. Statutory warranty rights remain unaffected.

(3) Statutory limitations of liability and warranty shall not apply to customer claims arising from:

an intentional or grossly negligent breach of duty by the Provider or its legal representatives or vicarious agents;
culpable injury to life, body or health;
breach of essential contractual obligations, so-called cardinal obligations, the fulfilment of which is necessary for the proper performance of the contract and on which the customer may regularly rely;
an expressly assumed guarantee; or
mandatory statutory provisions, in particular under the German Product Liability Act.

§ 12 Liability

(1) The Provider shall be liable without limitation for damage caused intentionally or through gross negligence, as well as for damage resulting from injury to life, body or health.

(2) The Provider shall also be liable without limitation where liability is mandatory by law, in particular under the provisions of the German Product Liability Act or on the basis of an expressly assumed guarantee.

(3) In the event of a slightly negligent breach of essential contractual obligations, so-called cardinal obligations, the Provider’s liability is limited to the typical damage foreseeable at the time the contract was concluded. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.

(4) Any further liability of the Provider for slight negligence is excluded to the extent permitted by law.

(5) The above limitations of liability shall apply equally in favour of the Provider’s legal representatives, employees and other vicarious agents.

§ 13 Consumer Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (ODR platform). This platform is intended for the out-of-court resolution of disputes arising from online purchase agreements.

(2) However, the Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(3) Customers’ statutory rights and the possibility of asserting claims before the competent courts remain unaffected.

§ 14 Special Provisions Regarding the Products Offered

(1) Product Presentation

The products shown in the online shop are described and photographed with the greatest possible care. Due to differences in screen and device settings, colours, brightness, contrasts or sizes in particular may differ slightly from the actual characteristics of the goods delivered. Such technically caused differences do not constitute a defect within the meaning of the statutory warranty provisions.

(2) Material- and Production-Related Variations

Our jewellery is manufactured with great care. Minor differences in colour, structure, surface, engraving or workmanship may arise due to production or material-related factors and do not constitute a material defect, provided they do not materially impair the normal use or quality of the product.

(3) Care Instructions

To preserve the quality and appearance of our jewellery for as long as possible, we recommend removing jewellery before showering, bathing, swimming, using a sauna or exercising.

Direct contact with perfume, hairspray, creams, cleaning agents or other chemical substances should also be avoided where possible. Proper storage in a dry place also helps preserve the quality and appearance of the jewellery.

(4) Hypoallergenic Properties

Our jewellery is made from carefully selected materials and is generally hypoallergenic. However, individual intolerances or allergic reactions due to personal health factors cannot be completely ruled out in individual cases. The customer’s statutory rights remain unaffected.

(5) Improper Use

Damage or impairment resulting from improper handling, excessive stress, unauthorised alterations, improper repairs, insufficient care or use for purposes other than intended shall not give rise to warranty or liability claims against the Provider, unless mandatory statutory liability applies.

(6) Loss or Damage After Transfer of Risk

Once the goods have been handed over to the customer or a person authorised to receive them, the customer is responsible for the proper storage and use of the goods.

The Provider shall only be liable for the loss of individual pieces of jewellery or jewellery components or for damage occurring after the transfer of risk in accordance with the applicable statutory provisions.

(7) Discount Promotions and Voucher Codes

Discount codes, promotional vouchers and comparable price reductions may be limited in time or quantity and may be subject to specific conditions.

Cash payment, retroactive application to orders already completed or combination with other promotional discounts is excluded unless expressly stated otherwise.

(8) Delivery Delays

Delays caused by force majeure or other unforeseeable events beyond the Provider’s control, in particular natural disasters, pandemics, official measures, strikes, transport disruptions or supply shortages, do not give rise to claims for damages where the Provider is not at fault.

The customer’s statutory rights remain unaffected.

(9) Copyright and Intellectual Property Rights

All content published on the website, in particular product photographs, graphics, designs, logos, texts and other design elements, is protected by copyright or other applicable statutory rights.

Any reproduction, publication, modification or other use beyond what is legally permitted requires the prior express consent of the respective rights holder.

(10) Data Protection

Personal data is processed exclusively in accordance with applicable data protection legislation.

Further information regarding the nature, scope and purpose of data processing and the rights of data subjects can be found in the separate Privacy Policy available on our website.

§ 15 Applicable Law and Jurisdiction

(1) All legal relationships between the Provider and the customer shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) If the customer is a consumer and has their habitual residence in another country, mandatory consumer protection provisions of that country remain unaffected by the above choice of law.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall, to the extent legally permissible, be the registered place of business of the Provider.

§ 16 Contact, Contract Language and Final Provisions

(1) If you have any questions, complaints or other concerns, our customer service is available at any time via the contact options provided on our website or by email at info@daphelia.com.

(2) The contractual language for all contractual relationships is exclusively German.

(3) Should individual provisions of these Terms & Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The relevant statutory provision shall replace the invalid or unenforceable provision. The same shall apply to any regulatory gaps.