This online shop is using cookies to give you the best shopping experience. Thereby for example the session information or language setting are stored on your computer. Without cookies the range of the online shop's functionality is limited. If you don't agree, please click here.

General Terms and Conditions

Addendum to our General Terms and Conditions for transactions over the Internet and other paperless mediums.
1. By placing an order over a paperless medium (for example: the Internet) the buyer acknowledges ALL General Terms and Conditions already mentioned here as well as the ones following below without reservation.
2. He assures that the information he provided represents the truth, that his company is registered at the local tax office and that he is in possession of a tax number according to existing law.  Furthermore, he assures, through the information he provided that he has the power of authority to act on behalf of the company named under the invoicing address.
3. The buyer has informed himself at length when it comes to quantities, prices, description and article numbers. The buyer is also aware that wrong orders cannot be cancelled and if so, only with the expressed agreement of the company Pfronten-Schmuck GmbH with an additional charge amounting to 30% of the value of the merchandise.
4. New customers ordering over a paperless medium agree to the fact that the company Pfronten-Schmuck GmbH will inform itself over their financial situation.

General Terms and Conditions
For all our offers and sales, only the following sales conditions are to be considered relevant. Thereof oral agreements or other conditions are only valid if confirmed by our sales associate in writing and with a legally binding signature. By placing an order the buyer automatically accepts our General Terms and Conditions.  
1. OFFERS AND PRICES are to be considered in all parts as non binding and subject to change without notice. All prices quoted are ex-works Pfronten and do not include presentation, packaging, freight costs and custom duties. If, after conclusion of the contract, significant changes in price occur, we reserve ourselves the right to adjust the price(s) accordingly, as the case may be also in favour of the buyer. To be included and to be taken into consideration are also those where the basic calculation of the price is subject to changing circumstances, their occurrence being predictable at this point in time however not certain as yet.  The part of the transaction that has already been executed will not be affected by the price change. 
The date of delivery fundamentally remains up to our discretion but should be assessed properly. We also reserve the right to effect partial deliveries within this stipulation. We are exempt of any responsibility in the case of force majeure and/or other events having a negative effect upon the capacity to perform and/or deliver if they were unknown und unpredictable at the time of the conclusion of the contract. During the duration of the transaction, new government regulations regardless of their nature are the responsibility of the buyer unless otherwise stated by the authorities or by law. All orders placed directly or through our travelling salesmen or sales representative may be declined by us within a period of 10 days after receipt. The official point in time of the refusal is set by the date of dispatch.
Our drafts, samples, models and such likes represent our intellectual property and may not be copied or replicated in any form although they are not covered by any special property rights. Any violation makes the buyer liable for damages.  
We do not take responsibility for samples, drafts, drawings, etc. being sent to us. In that case, the customer is responsible for any liability to third parties. This is also explicitly valid for the legal protection of design and brands vis-à-vis third parties. The company Pfronten Schmuck GmbH is released from any kind of liability through the customer at the time of his placing the order.
Because of technical reasons, we reserve ourselves the right to deliver our products with small deviations in colour and design. As well, we have the right to deliver a merchandise similar to the one ordered if the latter is presently out of stock and provided the difference between the ordered goods and the delivered goods does not represent a clear violation.  
5. PACKAGING is invoiced at cost price and cannot be returned.
If at the time of order no particular instructions are on hand concerning shipment, it will be effected within our discretionary power without obligation as to price and/or speed. We do not provide insurance coverage for transportation, breakage and theft. The consignee takes over the risk also for carriage free shipments at the latest when the merchandise leaves the supplier’s facilities.  The buyer automatically carries the risk if the shipment is delayed through an action on his part and this from the moment the notification of the delay has been made.  
New customers and customers abroad have to pay in advance or COD (cash on delivery) with respectively 5% discount. Existing customers pay in accordance to their negotiated payment conditions. Normally, this would mean within 10 days with 2% discount or 30 days net. Letters of exchange will not be accepted. We ask for notification in writing within 10 days in case our invoices contain errors. Silence on the part of the invoice recipient exceeding this delay will be considered as tacit acceptance of the invoice. Our travelling salesmen and other representatives are not allowed to accept any means of payment. Checks and other means of payment for monetary payments will be accepted by us only on account of performance. This means that the debtor will be freed from his obligation only upon actual receipt of payment. If the buyer did not perform in accordance to the terms of the contract, especially in case of overdue payments, the Seller has the right to hold back all deliveries until all obligations have been fulfilled or to refuse the further execution of the contract under reservation of damages for non-performance. If the financial situation of the buyer significantly deteriorates or it becomes subsequently known that the buyer is in a bad financial situation, the seller has the right to change the payment conditions in accordance or to cancel the contract altogether. We choose to deliver buyers unknown to us only against immediate payment, cash on delivery or payment in advance if insufficient references are on hand.  
The merchandise remains our property until complete remittance of the purchase price including all other service charges. The buyer is entitled to resell the merchandise in the ordinary course of business to a third party or to process it for him. The claims resulting from this kind of legal transactions are to be assigned to us. Incoming payments from these receivables should be kept separate and transferred to us immediately. Insofar customers of the buyer effect money transfers to his bank or his postal checking account, the resulting receivables held by the bank or the postal cheque office should be assigned to us and be used solely for the settlement of our claim. Before the complete payment of the invoiced amount(s), the buyer may not pawn or assign as collateral the goods delivered under reservation of property rights. Immediate notification is to be made to us in the case of seizure of the merchandise or of any prejudice to our reservation of property rights.     
9. COMPLAINTS have to be made within 10 days after receipt of the merchandise. Complaints made at a later date cannot be considered. We are only obligated to take back the sold merchandise if defects have been reported in due form. We reserve ourselves the right to replace the returned merchandise. Damage claims of any kind can only be recognized by us if it can be proven that DELIBERATE and illegal action(s) took place. Would we take over the transport damages contrarily to the aforesaid General Terms and Conditions, those damages have to be confirmed by the railway, the post office or through other freight forwarders that were involved in the shipment. For repaired items being returned, the working hours, the needed parts as well as the prepaid shipment and mailing costs will be invoiced.
is Pfronten, place of jurisdiction for both parties is Kempten or Kaufbeuren, in consideration of all rights and obligations resulting out of the business. It is explicitly agreed that the District Court Füssen, and as the case may be Kempten/Kaufbeuren is FACTUALLY responsible if the disputed amount being brought to court exceeds the competence of the District Court.  
Goods shipped on a consignment basis only are submitted to the above conditions. We reserve ourselves the right to demand them back at any time. In such a case, the consignee has to return the merchandise in an orderly state, cleaned and listed. Sales support items and packaging also have to be returned. The consignee has to organize the return shipment of the merchandise and of the sales support items and have them delivered to Pfronten free of charge. 14 days after expiration of the consignment period, we have the right to invoice the goods that have not been returned. In any case, consigned goods have to be insured.
will be supplied as a rule at no cost to the customer on a loan basis provided the required amount of articles is being purchased. Therefore no obligation or claim do exist and it remains totally at the discretion of the company. The sales support items can be claimed back without justification. In this case, the customer is obligated to return the sales support items within 10 days at his own expense. Sales support items to be invoiced are listed extra on our invoices. 
13. EXCHANGES are not permitted. If an exchange is granted by the company or the sales representative, it has to be made in writing. As a rule, the right of exchange is in force when all outstanding claims have been met.
We would like to point out that for the implementation of the contract we store data in accordance to the German Federal Data Protection Law.
The data obtained through the use of the Internet will be used only within our company and evaluated only by its staff members  and its representatives.
As far as links to other companies are concerned, we do not take any responsibility for or guarantee their contents. Whether by ordering in writing or over the Internet, the customer explicitly agrees to and is prepared to comply to our General Terms and Conditions.
In case the above paragraphs do not represent or only partially represent the opinion of a tribunal, all other paragraphs of this General Terms and Conditions remain untouched!
 Copyright Pfronten-Schmuck GmbH 2012