§ 1 User
The user of these General Terms and Conditions shall be deemed to be:
8753 Fohnsdorf, Austria
§ 2 Scope of application
These general terms and conditions apply to all legal transactions between the user and a consumer (according to § 13 BGB of a "natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity").
§ 3 Conclusion of contract and storage of the contract text
The provisions of these GTC apply to orders placed by consumers via the website of the NextGen Jewellery online shop. The contract is concluded with the user (see § 1).
The presentation and description of the goods on the NextGen Jewellery website, www.shop-nextgen.com, does not constitute an offer of contract. By ordering goods by clicking on the button "order for a fee" at the end of the ordering process, a consumer submits a binding offer to conclude a purchase contract.
The contract is not concluded until the User sends an order confirmation by e-mail. The contract text is stored with orders. Consumers receive an e-mail with the order data and a link to the valid general terms and conditions. After conclusion of the contract, the order data can no longer be viewed online.
§ 4 Prices and payment
NextGen Jewellery is exempt from VAT pursuant to § 6 Para. 1 No. 27 UStG.
Shipping costs are not included in the displayed price and may be additional. Please note that in the case of shipment to a delivery address outside the EU, import duties and taxes may be payable when the delivery reaches your delivery address. You are responsible for paying these import duties and taxes. Please note that NextGen Jewellery has no control over these costs and they vary from country to country.
The following payment options are available to consumers:
- Card payment (Stripe)
- Sofort bank transfer (Klarna)
§ 5 Card payment
Pay securely over the Internet with Visa, AMEX or MasterCard. Your payment
is encrypted and processed in accordance with Stripe's strict banking standards. Your card details are sent directly to your bank. Only your bank will have access to these details and will be able to read them. NextGen Jewellery does not charge extra for card payments. However, depending on your card and bank, your bank may charge a surcharge. When paying by credit or debit card, initial conditions apply as soon as the card transaction has been approved. If no payment is received after submitting your order, NextGen Jewellery can automatically cancel your order.
§ 6 Delivery, Delivery Restrictions
Unless the description of a selected product explicitly states otherwise, delivery will take place within 15 working days. In the case of payment via bank transfer or Paypal, this period begins on the day after the payment order has been placed.
§ 7 Transfer of risk
The risk of accidental deterioration or accidental loss of the goods lies with the user until the goods are handed over and passes to the consumer upon handover.
§ 8 Retention of title
Until the purchase price has been received in full, the user retains ownership of the goods.
§ 9 Warranty
The statutory warranty apply.
§ 10 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. make the purchase for purposes which are predominantly neither commercial nor for which you are not responsible, you shall be liable for the costs.
If you can be attributed to self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of revocation
You have the right, within fourteen days and without giving reasons, to revoke this right.
to revoke the contract.
The revocation period is fourteen days from the day on which you or one of the
third party named to you, other than the carrier, who is in possession of the goods
or took it or took it.
In order to exercise your right of revocation, you must
Company: NextGen Jewellery
Address: 8753 Fohnsdorf, Gartenzaunweg 12, Austria
by means of a clear declaration (e.g. a letter sent by post),
fax or e-mail) about your decision to revoke this Agreement,
to inform you. You can do this using the sample revocation form attached.
which, however, is not mandatory.
In order to comply with the revocation period, it is sufficient for you to send the notification of the revocation to
Exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we will refund to you all payments that we have received.
from you, including the delivery costs (except for the
additional costs resulting from the fact that you are using a different type of
Delivery chosen as the cheapest standard delivery offered by us
) without delay and no later than fourteen days after the date on which
the date on which the notice of your revocation of this Agreement is sent to you by
has entered us. For this repayment we use the same
Means of payment that you used in the original transaction,
unless expressly agreed otherwise with you; in no event shall
In this case you will be charged for this repayment.
We may refuse repayment until we have returned the goods to you.
or until you have furnished proof that you have received the
have returned goods, whichever is the earlier.
They shall return the goods without delay and in any case not later than fourteen days after the date of return.
days from the day on which you notify us of the revocation of this contract.
or to return it to us or to ... or to hand it over. The period
shall be deemed to have been complied with if you have delivered the goods before the expiry of the fourteen-day period
You shall bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if
this loss in value is attributable to a material used to test the quality, properties and performance of the product
Functionality of the goods not necessary handling them
is due to the
Sample withdrawal form
If you want to cancel the contract, please fill in this form
and send it back.
Company: NextGen JewelleryAddress: 8753 Fohnsdorf, Gartenzaunweg 12, AustriaE-Mail:
I/we (*) hereby cancel the contract concluded by me/us (*) concerning
the purchase of the following goods (*):
Ordered on (*)/received on (*)
Name of the consumer(s):
Address of the consumer(s):
Signature of consumer(s) (only for paper notifications)
(*) Delete as appropriate.
(1) The right of revocation does not apply to the delivery of goods which are not
and for their production an individual selection or a selection of the
determination by the consumer is authoritative or which clearly refers to the
are tailored to the personal needs of the consumer (e.g. engraved jewellery with your name).
(2) Please avoid damage and contamination. Send the
If possible, please pack the goods in their original packaging with all accessories and with
all packaging components back to us. If necessary, please use a
protective outer packaging. If you no longer wish to use the original packing
please use suitable packaging to ensure that you have the right
sufficient protection against transport damage, in order to be able to assert claims for damages.
due to damage as a result of defective packaging.
(3) Please send an e-mail to to announce the return before returning the goods. In this way, you enable us to
fastest possible allocation of the products.
(4) Please note that the information given in paragraphs (2) and (3) above is not binding.
modalities are not a prerequisite for the effective exercise of the
right of revocation.
§ 11 Transport damage
(1) If goods with obvious transport damages are delivered, the following shall apply
Please complain such errors immediately to the carrier and take the necessary measures.
please contact us as soon as possible.
(2) Failure to submit a complaint or to contact us will result in your
legal warranty rights have no consequences. But they help us,
our own claims against the freight forwarder or the carrier.
§ 12 Warranty
(1) Unless expressly agreed otherwise, your personal data will be processed
Warranty claims in accordance with the statutory provisions of the
Purchase right (§§ 433 ff. BGB).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the
Limitation period for warranty claims for used items deviating from the statutory provisions - one year. These
limitation shall not apply to claims based on damages arising from the use of the
injury to life, limb or health, or from the use of the
Breach of an essential contractual obligation, the fulfilment of which is the responsibility of the
the proper execution of the contract in the first place, and
the compliance with which the contractual partner may regularly rely on
(cardinal obligation) as well as for claims due to other damages, which are not
are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) For the rest, the statutory provisions shall apply to the warranty.
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply.
regulations with the following modifications:
- For the condition of the goods, only our own specifications and the
product description of the manufacturer binding, but not public
Promotions and statements and other advertising of the manufacturer.
- You are obliged to return the goods without delay and with the necessary
and quantity deviations and to inform us of any deviations in quality and
obvious defects within 7 days of receipt of the goods.
Timely dispatch is sufficient to meet the deadline. This also applies to
hidden defects discovered later from discovery. In the event of violation
The obligation to examine and give notice of defects is the assertion of the
Warranty claims excluded.
- In the event of defects, we shall, at our option, provide a warranty by repairing the defect.
or replacement delivery (subsequent performance). In the case of subsequent improvement
we do not bear the increased costs incurred by the shipment of the goods, which are
to a place other than the place of performance, if the goods are delivered to the
Transfer not in accordance with the intended use of the goods
- If the supplementary performance fails twice, you can, at your option
reduction or withdraw from the contract.
- The warranty period is one year from delivery of the goods.
§ 12 Liability
(1) Unlimited liability: We shall be liable without limitation for intent and gross negligence.
negligence and in accordance with the Product Liability Act. For
slight negligence, we shall be liable for damages resulting from the violation of the
life, body and health of persons.
(2) Otherwise, the following limited liability shall apply: In the case of slight negligence
we shall only be liable in the event of a breach of an essential contractual obligation,
whose fulfilment ensures the proper performance of the contract at all.
and on whose compliance you can regularly rely.
(cardinal duty). Liability for slight negligence shall be limited to the amount of
limited to the damages foreseeable at the time of the conclusion of the contract, with whose
origin typically has to be calculated. This
Limitation of liability also applies in favour of our vicarious agents.
§ 13 Final provisions
(1) Should one or more of the provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
the validity of the other provisions shall be affected thereby.
(2) Contracts between us and you shall be governed exclusively by German law.
applicable to the exclusion of the provisions of the United Nations
Convention on Contracts for the International Sale of Goods (CISG).
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you shall be the place of jurisdiction.