Terms of service

Terms of Service

1. Scope

The following terms and conditions apply to all orders via our online shop. Our online shop is aimed exclusively at consumers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2. Contractual partner, conclusion of contract, correction options

The sales contract is concluded with Dear Darling Berlin.

By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.

3. Contract language, contract text storage

The language available for the conclusion of the contract is German.

We save the text of the contract and send you the order data and our terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. Terms of Delivery

Shipping costs may apply in addition to the stated product prices. You can find out more detailed provisions on any shipping costs that may be incurred in the offers.

We only deliver by mail. Unfortunately, a self collection of the product is not possible.

5. Payment

The following payment methods are generally available in our shop:

Credit card

When placing the order, enter your credit card details. After your legitimation as the legitimate cardholder, the payment transaction will be carried out automatically and your card will be charged.

PayPal

During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal immediately afterwards. You'll get more information during the ordering process.

Immediately by Klarna

After placing the order, you will be redirected to the website of the online provider Sofort GmbH. In order to be able to pay the invoice amount via Sofort, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment order to us. You'll get more information during the ordering process. The payment transaction will be carried out immediately afterwards by Sofort and your account will be debited.

Google Pay

In order to be able to pay the invoice amount via Google Pay, you must be registered with the service provider Google, have activated the Google Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You'll get more information during the ordering process.

Apple Pay

In order to be able to pay the invoice amount via Apple Pay, you must use the "Safari" browser with which the service provider Apple is registered, have activated the Apple Pay function, identify yourself with your access data and confirm the payment order. The payment transaction is carried out immediately after placing the order. You'll get more information during the ordering process.

Purchase on account via Klarna

In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer you purchase on account as a payment option. Please note that Klarna invoices are only available for consumers and that payment must be made to Klarna in each case. When purchasing on account with Klarna, you always get the goods first and you always have a payment period of 14 days. The complete terms and conditions for purchase on account can be found here.


6. Retention of Title

The goods remain our property until full payment.

7. Damage in transit

If goods are delivered with obvious transport damage, please report such errors to the deliverer as soon as possible and please contact us immediately. The omission of a complaint or contact has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, they help us to be able to assert our own claims against the carrier or the transport insurance.

8. Warranty and Guarantees

Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.

The following applies to used goods: if the defect occurs after one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period of two years from delivery of the goods.

The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents

* in the event of injury to life, limb or health

* in the case of intentional or grossly negligent breach of duty and fraudulent intent

* in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

* as part of a guarantee promise, if agreed or

* as far as the area of ​​application of the Product Liability Act is open.

Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.

Customer service: You can reach our customer service for questions, complaints and complaints on weekdays from 9:00 a.m. to 4:00 p.m. on the telephone number +49 30 99 404 814 or by e-mail at support@deardarling.berlin

8.1 Returns and complaints

Notes on our returns policy

As a small family business, we want to provide you with the best service possible. By following our return policy, you are helping our team in their daily work. If you have any questions, please feel free to contact us before placing your order.

1) Please note that a refund is only possible within 30 days if the merchandise is in its original condition with label. After 30 days and / or if the goods are without a label, a refund of the purchase price is not possible.

2) If you make your return without using our returns portal with a self-franked label, please send your return only to the address above (Wideystraße 58, 58452 Witten) and not to our office in Berlin. For returns sent to our office by mistake, we reserve the right to charge an additional fee of 5€, as we cannot process the return by default.  

3) If a return reaches us after the 30 days and a refund is no longer possible, we reserve the right to send the goods back to the sender at his expense (approx. 5€).

Complaints 

1) Before we ship your order, we check each piece of jewelry for quality. If you receive a defective piece of jewelry, we will exchange it for a new and flawless piece free of charge. Please contact us as soon as possible after receipt at support@deardarling.berlin or via our contact form.

2) If a product has a defect within the first 6 months after purchase, which was already present at the time of purchase and which is not due to personal fault or natural wear, there is the possibility to receive an exchange product. Our customer service will be happy to check your request individually. We reserve the right to have the jewelry examined live by an expert.

3) To keep your jewelry shiny and beautiful for as long as possible, we have put together some helpful care tips for you. Our 925 sterling silver jewelry is excluded from reclamation after 6 months. Possible discolorations or product defects after this time are usually due to natural wear. 

9. Liability

We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

* in the event of injury to life, limb or health

* in the case of intentional or grossly negligent breach of duty

* in the case of a promise of guarantee, if agreed, or

* as far as the area of ​​application of the Product Liability Act is open.

In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is limited to the amount foreseeable at the time the contract was concluded Damage limited, the occurrence of which must typically be expected.

For the rest, claims for damages are excluded.

10. Code of Conduct

We have submitted to the following codes of conduct:

- Trusted shop

- trustedshops.de

11. Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

General terms and conditions created with the Trusted Shops legal copywriter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.

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