General Terms and Conditions

General Terms and Conditions

1. scope of application

1.1 These General Terms and Conditions of the company Veldhoven-Smeets OHG ( hereinafter referred to as "Seller" )shall apply to all contracts concluded between a consumer or a trader ( hereinafter referred to as "Client" ) and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For all orders via the website: veldhoven-smeets.de, as well as deliveries and services of the jeweler Veldhoven-Smeets, the following General Terms and Conditions ( GTC ) apply exclusively in the version valid at the time of the order. Unless explicitly stated otherwise, these General Terms and Conditions also apply to the purchase of watches and jewelry from the pre-owned range. Juwelier Veldhoven-Smeets OHG does not recognize any deviating provisions unless they have been expressly agreed to in writing.

1.3 The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.

1.4 A consumer within the meaning of these GTC is any natural person who concludes legal transactions for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.6 Veldhoven-Smeets Juwelier reserves the right to amend these General Terms and Conditions at any time.

1.7 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

2. registration and customer account

2.1 You can order goods in our online store at: www.veldhoven-smeets.de as a guest or as a registered customer. As a registered customer, you do not have to register each time, but you can simply log in to your customer account with your e-mail address and the password you have chosen and thus facilitate the process of future purchases or manage purchases made. We require the following data from you to process and fulfill an order:

• First and last name
• E-mail address
• Postal address / invoice address
• Telephone number (for any queries in connection with the delivery)

If you would like to create a customer account, we need the above-mentioned data and a password of your choice.

2.2 We use the data provided by you without your separate consent exclusively for the fulfillment and processing of your order(s), for example for the delivery of goods to the address provided by you. In the case of payment in advance, we also use your bank details for payment processing. Any further use of your personal data for the purposes of advertising, information on products, special promotions or personal offers requires your express consent. You have the option of giving this consent before placing your order. This declaration of consent is completely voluntary and can be accessed on our website and revoked by you at any time.

2.3 The data you provide will remain stored in your customer account until you inform us that you wish it to be deleted. In addition, or in the event that you only order as a guest or order without creating a customer account, we will only store your data within the scope of our obligations under tax and commercial law.

2.4 If your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in under "My Account". You are responsible for ensuring that the information you provide to us is accurate and complete and that you notify us of any changes to the information you have provided.

2.5 We reserve the right to withhold Services from you on the Website or terminate Member Accounts if you violate any applicable laws or other applicable terms and conditions or policies.

3.contractual partner, offer, offer documents and conclusion of contract

3.1 The purchase contract is concluded with Veldhoven-Smeets OHG.

3.2 Our product descriptions, presentations and prices (including the customer's virtual shopping cart and the order form) are subject to change and non-binding. They constitute an invitation to the customer to submit a legally binding offer to conclude a contract. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using correction aids in the order process. If you wish to cancel the order process completely, you can also simply close your browser window.

3.3 The customer submits a legally binding offer to purchase the goods in his virtual shopping cart by clicking on the button "Order with obligation to pay, buy now " button, having previously entered all the data required for the execution of the contract and having confirmed that they have read and agreed to the GTCs.

3.4 After receipt of the legally binding offer from the customer, the customer receives an automatic confirmation of receipt by e-mail which documents / lists his order again. This automatic confirmation of receipt merely confirms that your order has been received by Veldhoven-Smeets Juwelier and does not constitute a binding acceptance of the offer.

3.5 The contract is only concluded upon express acceptance by Veldhoven-Smeets Juwelier, which is declared by Veldhoven-Smeets Juwelier confirming the dispatch of the goods by separate e-mail. Full payment must be received before the order is dispatched. Please check the SPAM folder of your e-mail inbox regularly.

3.6 We are not obliged to accept orders from customers, in particular we reserve the right not to accept orders if there are violations of our GTC or if there is a suspicion of such violations, e.g. if the order form is incomplete or not filled out truthfully, if the return rate is too high or if there is a regular lack of card coverage.

The customer will always be informed by e-mail of cancelations and refusals.

Our right to contest legally binding declarations of acceptance in accordance with the statutory provisions or to withdraw from a contract concluded with the customer shall remain unaffected.

3.7 You will only receive your invoices in digital form. You will receive your invoice with the order confirmation by e-mail. You can view and print out your purchases in your customer account if you have registered with us as a customer.

3.8 The online sale of our products takes place within Germany. Please contact us if you wish to have our products shipped abroad. Orders are only accepted from persons of legal age and are only possible in normal household quantities.

4. reservation of delivery / presentation of the goods

4.1 If ordered goods are not available, Veldhoven-Smeets Juwelier is not obliged to deliver them. Veldhoven-Smeets Juwelier will inform the customer as soon as possible of the unavailability and refund any payment(s) already made without delay.

4.2 Images of goods in advertising, brochures, the online store and so on are for illustrative purposes only and are non-binding. The same applies to details of the individual goods, as these are for information purposes only. The essential features and/or services can be found in the item description and the supplementary information in our online store. Images of our pre-owned and vintage watches and jewelry are individual and effectively correspond to the pre-owned product. We would like to point out that due to individual screen configurations (e.g. resolution and brightness) slight deviations between the displayed and the actual product colors are possible.

4.7 Certain goods shown in the online store cannot be ordered and purchased directly via the online store. This will be made clear in the relevant product information. An inquiry form is available to the customer in the online store for these goods.

4.8 We reserve the right to change the goods listed in the online store at any time and without prior notice.

5 Delivery and delivery conditions

5.1 We deliver the order free of charge within Germany in accordance with the agreements made with you. Within the European Union we will charge you shipping costs. Shipping costs may be added to the indicated product prices, depending on the location, size of the package or express delivery. You can find out more about the shipping costs when you place your order. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. Once the goods have been handed over to the transport and shipping company, the customer will receive a shipping confirmation by e-mail with a tracking code that the customer can use to track the delivery.

If you require delivery outside the European Union, please contact us. We will then discuss the possibilities with you.

If a delivery does not reach the customer despite confirmation of dispatch by the transport and shipping company, or if the customer does not receive a message from the transport and shipping company within 2 days of the order confirmation, the customer must contact Veldhoven-Smeets Juwelier immediately.

5.2 We deliver by mail order and by collection from our store. Delivery to packing stations is not possible.

5.3 We would like to point out that all information on availability, delivery date and time, dispatch or delivery of a product are only estimated information and approximate guide values, unless their binding nature has been expressly agreed or expressly guaranteed by us.

5.4 All information in the online store regarding the availability and delivery time of goods is without guarantee.

5.5 Only the day on which we hand over the goods to the transport and shipping company shall be decisive for compliance with the delivery dates or deadlines and we shall not be responsible for delays caused by the transport and shipping company. If the delivery date falls on a Sunday or public holiday, the goods shall not be delivered to the customer until the following working day.

If a delivery is refused by the customer or if the order cannot be delivered due to an incorrect address, the customer is responsible for all costs incurred.

5.6 Delivery shall be subject to timely and proper delivery to us by our suppliers. In the event of force majeure such as strikes and other labor disputes, riots, war, natural disasters and in the event of a delivery block by the manufacturer or upstream supplier, there shall be no delay in delivery. We are not liable for delays in delivery caused by manufacturers or third parties. The customer will be informed immediately in the event of delays in delivery.

5.7 Delay in delivery shall not occur if delays in delivery are due to circumstances for which we are not responsible, in particular due to a lack of self-supply, or due to force majeure (hereinafter referred to as "hindrance"). In this case, the agreed delivery period shall be extended by the duration of the hindrance. If the impediment lasts longer than three months, we and the customer shall be entitled to withdraw from the contract with regard to the part not yet fulfilled, but the customer shall only do so after having set us a reasonable grace period. If the goods can no longer be delivered in part or at all within the new delivery period, both contracting parties shall be entitled to withdraw from the contract with regard to the goods in question.

5.8 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall not pass until the goods are handed over to the customer or a person authorized to receive them. Notwithstanding this, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.9 The goods are available while stocks last. In exceptional cases, errors or corrections may occur, especially if several customers order the same goods at the same time. We are not liable for lack of stock or non-availability of goods.

5.10 We are entitled to make partial deliveries insofar as this is reasonable taking into account the interests of the customer. We shall bear the additional shipping costs caused by the partial delivery, unless the partial delivery is made at the express request of the customer.

6. prices

6.1 All prices quoted in the online store include the applicable statutory value added tax. This will be shown separately in the final invoice. Veldhoven-Smeets Juwelier shall inform the customer of any shipping costs incurred as well as any additional costs, e.g. for an express order, in the order form immediately before the order is placed.

6.2 For deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

In the event of a return, we will not refund any import duties or costs and taxes that your order may have incurred.

6.3 Veldhoven-Smeets Juwelier reserves the right to change the prices of the items offered at any time.

6.4 The respective price at the time of the order shall apply.

6.5 Our pre-owned and vintage products are subject to §25a UStG differential taxation.

7. reservation of ownership

7.1 Veldhoven-Smeets Jeweler shall retain title to the delivered goods until the purchase price has been paid in full. The Customer shall not be entitled to dispose of, consume, process or transform the goods subject to retention of title prior to the transfer of title.

7.2 The customer must treat the delivered goods with care until the purchase price has been paid in full.

7.3 The customer must notify us immediately in writing if and insofar as third parties seize the goods subject to retention of title.

7.4 If the customer acts in breach of contract, in particular in the event of non-payment of the purchase price due, we shall be entitled to withdraw from the contract in accordance with the statutory provisions if you are more than 10 days in arrears with payment and to demand the return of the goods on the basis of retention of title. If the customer is in default of payment, we are entitled to charge the statutory default interest in accordance with §288 BGB.

8. Terms of payment

Payment of the purchase price is due immediately upon conclusion of the contract.

The following payment methods are available in our online store:

Prepayment

With this payment method (standard bank transfer) your order will only be processed after full receipt of your payment. If payment is not received within 3 working days of ordering, your order will be canceled.

We will accept your order by sending you a declaration of acceptance in a separate e-mail within two days, in which we will provide you with our bank details.

Credit cards

You can pay for your order with the following credit cards:

MASTERCARD / VISA

Credit card payments are subject to validation checks and approval by the card issuer; if the issuer of your payment card refuses to approve the payment, please contact your card issuer directly to resolve this issue; Veldhoven-Smeets Juwelier is not liable for delays or errors in connection with data transmission.

Current card / debit card

You can pay for your order with your bank card.

Real-time bank transfer

With a real-time transfer, the desired amount is transferred to the payee's account within a maximum of 20 seconds. (The standard transfer usually requires one working day for a transfer).

The real-time transfer is available to you every day of the year, around the clock - even on Sundays and public holidays. The standard transfer is tied to your bank's business hours.

Cash payment

You can pay with cash in our store.

Fees and payment

9. right of withdrawal

9.1 You have the right to withdraw from this contract within 14 days without giving any reason.

9.2 The withdrawal period is 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.

9.3 To exercise your right of withdrawal, you must contact us (Veldhoven-Smeets Juwelier, Peterstraße 5, 52062 Aachen, Germany, ) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

9.4 In order to comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of revocation

9.5 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment. We may refuse the refund until we have received the goods back.

9.6 You must return or hand over the goods to us immediately and in any case within 14 days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.

9.7 We will be happy to send you all the return documents so that you can return the watch or jewelry to us within Germany, insured for its value. You will then be refunded your purchase amount after the incoming goods inspection in our workshop

9.8 You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

9.9 The right of withdrawal is excluded in the case of goods that are prefabricated and for the manufacture of which an individual selection or determination by you is decisive or which are clearly tailored to your personal needs. This applies, for example, to individual engravings, production or modification of the goods. The right of withdrawal is also excluded for goods if their seal has been removed after delivery.

9.10 We are not obliged to take back goods that have been worn, washed or damaged. Packaging, original box with papers, guarantee and certificates are considered part of the goods and must also be returned in the event of a return.

9.11 The supplied documentation, original box and papers etc. for vintage and pre-owned products significantly increase the value of the product. If these documents are not returned by the customer, or are returned damaged, we reserve the right to make a reasonable reduction in the refund.

Withdrawal form:

If you want to cancel the contract, please fill out this form and send it back to us. you can return the goods purchased from us within 14 days of receipt of the goods. Please use the following withdrawal form, which you can also download as a pdf file via the corresponding menu item.

To:

Veldhoven-Smeets Jeweler
Peterstrasse 5
52062 Aachen
Germany

or by e-mail:

I hereby revoke the contract concluded by me for the purchase of the following goods:

[SPECIFY ARTICLE NUMBERS OR ORDER NUMBER]

Ordered on [ORDER DATE] / received on: [DELIVERY DATE]

[YOUR NAME]

[YOUR ADDRESS]

[FOR PAPER MAILING YOUR SIGNATURE]

[DATE]

10. warranty

10.1 If the goods purchased and delivered in our online store are defective, you are entitled to demand supplementary performance or withdraw from the contract within the framework of the statutory provisions (liability for defects).

10.2 The limitation period for warranty claims for the delivered goods is two years from receipt of the goods. Claims for defects which we have fraudulently concealed shall become statute-barred within the regular limitation period.

10.3 The product images in the online store may differ from the design of the delivered products, in particular with regard to color and size. In particular, changes to the design and features of the products may occur following product range renewals by the manufacturer. The buyer shall have no claims for defects if the deviations are reasonable for the buyer.

10.4 In the event of defects in the goods, we shall be given the opportunity for subsequent performance within a reasonable period of time and at our discretion in the form of rectification of defects (repair), replacement delivery or new delivery (replacement and new delivery for pre-owned watches and jewelry are excluded from this), unless we have given a guarantee to the contrary.

10.5 If the supplementary performance fails, the customer is entitled to withdraw from the contract. This shall not apply in the case of insignificant defects.

10.6 We are not obliged to provide a warranty if, without our prior consent, the customer or a third party does not follow the operating or maintenance instructions for the goods, makes changes, replaces parts or uses consumables that do not comply with the original specifications. The same applies to defects caused by improper use, storage and handling of the goods, tampering or opening of the goods. A warranty for normal wear and tear, for consumables, for accessories and for enclosed batteries/rechargeable batteries is excluded.

10.12 Guarantees:

Information on any additional guarantees that may apply and their exact conditions can be found with the product in our online store.

10.13 Warranty granted by the manufacturer: two years in our online store for new goods purchased, from the date of purchase. The guarantee applies to any material or manufacturing defects. There is no entitlement to a replacement. Excluded from the guarantee are the watch glass, leather strap and damage caused by improper use such as strong impacts, extreme heat or cold or strong magnetic fields. Repair or maintenance work carried out by unauthorized persons will also invalidate the guarantee. There are no further claims under the guarantee.

10.14 Warranty Pre-owned - Vintage Watches and Jewelry: In addition to any applicable manufacturer's warranty, the purchase of a pre-owned vintage watch or jewelry is guaranteed for a period of two years from the date of sale. There is no entitlement to a replacement. Excluded from the guarantee are the watch glass, leather strap and damage caused by improper use such as heavy shocks, extreme heat or cold or strong magnetic fields. Repair or maintenance work carried out by unauthorized persons will also invalidate the guarantee. There are no further claims under the guarantee.

11. transportation damage

If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.

12. liability

12.1 We shall only be liable for damages caused by intentional or grossly negligent breach of duty or fraudulent intent on our part or on the part of our legal representatives or vicarious agents.

12.2 In addition, we shall also be liable for damages caused by simple negligence, insofar as the negligence concerns the breach of such essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely (cardinal obligations). In this case, however, liability is limited to the foreseeable, typically occurring damage.

12.3 Furthermore, we shall be liable without limitation for damages to life, body and health for which we are responsible and which are based on a grossly negligent or intentional breach of duty. Furthermore, if we have given a guarantee of quality or durability with regard to the goods, we shall be liable within the scope of this guarantee.

12.4 Any further contractual or statutory liability on our part is excluded - unless it is prescribed by law, for example by the Product Liability Act - irrespective of the legal nature of the asserted claim.

Pre-owned, vintage watches and jewelry may show signs of wear and tear (e.g. scratches, no water resistance). Insofar as these are documented and disclosed by us, these signs of use and wear do not constitute defects.

12.5 Insofar as our liability is excluded or limited, this shall also apply to the personal liability of our employees, workers, staff, representatives and vicarious agents as well as our liability for their conduct.

12.6 According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.

12.7 Liability for links. Our website contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages.
operator of the pages. The linked pages were checked at the time of linking
checked for possible legal violations. Illegal content was not recognizable at the time of linking.
However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement.
If we become aware of any legal infringements, we will remove such links immediately.

12.8 Liability for content. As a service provider, we are responsible for our own content on these pages in accordance with Section 7 (1) TMG (German Telemedia Act) and general legislation. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity.

Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. However, liability in this respect is only possible from the time we become aware of a specific infringement. As soon as we become aware of such infringements, we will remove this content immediately.

13. copyrights

The content and works created by the site operators on these pages are subject to German copyright law. The duplication, processing, distribution and any kind of utilization
outside the limits of copyright law require the written consent of the respective author or creator.
of the respective author or creator. Downloads and copies of this site are only permitted for
private, non-commercial use.

Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly.
corresponding notification. If we become aware of any infringements, we will remove such content immediately.

14. information on the Battery Act

In connection with the sale of devices containing batteries, we are obliged to inform end users of the following in accordance with the Battery Ordinance:

Batteries should not and must not be disposed of with household waste. As the end user, you are legally obliged to return used batteries. After use, you can return batteries free of charge to a municipal collection point or to your local retailer.

You can also return batteries free of charge to our store or to the address below:

Veldhoven-Smeets Juwelier, Peterstrasse 5, 52062 Aachen.
Our take-back obligation as a distributor is limited to batteries of the type that we carry or have carried in our range.

Our upstream supplier has complied with its notification to the Federal Environment Ministry.

Batteries or rechargeable batteries that contain harmful substances are marked with the symbol of a crossed-out dustbin. This means that the batteries or rechargeable batteries must not be disposed of with household waste. The chemical name of the hazardous substance is located near the dustbin symbol. The other symbols shown have the following meaning:

Pb = battery contains more than 0.004% lead by mass
Cd = battery contains more than 0.002% cadmium by mass
Hg = battery contains more than 0.0005% mercury by mass.

15. final provisions

15.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

15.2 If the customer is a merchant or a legal entity under public law, the place of jurisdiction shall be at the registered office of our company. However, we are also entitled to sue the customer at the court of his place of residence.

15.3 If the customer is a merchant or a legal entity under public law and nothing to the contrary is stated in the order confirmation, the place of performance shall be the registered office of our company.

15.4 Amendments and supplements to these GTC must be made in text form. This also applies to a waiver of the text form requirement.

15.5 The possible invalidity of individual provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions.

15.6 We would like to point out that, in addition to the ordinary legal process, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: http://ec.europa.eu/consumers/odr

Our e-mail address is:  In accordance with § 36 VSBG, we would like to point out that we are neither obliged nor willing to participate in out-of-court dispute resolution proceedings before a consumer arbitration board.