TERMS & CONDITIONS
§ 1 Applicability to Consumers and Definitions
(1) The following Terms & Conditions apply to all contracts concluded via our online shop at www.zodiacsignelements.com between us and the customer in their version valid at the time of the contract. Contradictory general terms and conditions of the customer are only valid if we have expressly agreed to their application in writing. (2) The product offering in our online shop is aimed solely at consumers. A consumer is every natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional in nature (§ 13 of the German Civil Code).
§ 2 Conclusion of Contract, Storage of Contract Text
(1) The presentation and advertising of goods in our online shop do not constitute a legally binding contractual offer, but rather an invitation to the customer to submit a binding offer. (2) By clicking the “Buy” button in the final step of the ordering process or by clicking “Pay now” in the case of the payment method PayPal, the customer submits a binding offer to conclude a purchase contract or to book the goods and/or services listed in the order overview. (3) The order process takes place in the following steps: 1) selection of desired goods and colour, 2) adding the goods to the shopping cart via the “Add to cart” button, 3) selection of further items or viewing the shopping cart, 4) checking the details in the shopping cart and, if necessary, making changes, 5) clicking the button “Proceed to checkout”, 6) logging in or guest checkout and entering contact and delivery details and, if applicable, entering a voucher or discount code, 7) clicking the button “Continue to shipping”, 8) final check or correction of the details entered, 9) choosing the payment method and entering the required information, 10) binding submission of the order by clicking the button “Buy” or “Pay now” for PayPal. The customer can return to the page where the data are collected by using the “Back” button of their browser or terminate the ordering process by closing the browser before the binding submission of the order. (4) We confirm the receipt of the order immediately by automatically generated e-mail (“order acknowledgement”). A valid contract only comes into existence with our shipping confirmation by e-mail (“acceptance”). (5) We send the customer the contract text (information on the order), these Terms & Conditions (T&Cs), including voucher and discount conditions as well as the cancellation policy, to the email address provided. The T&Cs can also be accessed at any time at https://www.zodiacsignelements.com. (6) The customer may place orders in our online shop as a guest or a registered user. For a registered user account, the customer may save their personal data, but registration does not entail any obligation to purchase. The login data are to be treated confidentially and must not be passed on to third parties. Information on data processing is available in our privacy policy at https://www.zodiacsignelements.com. (7) The contract is concluded in the German language.
§ 3 Prices, Shipping Costs, Payment
(1) The prices stated include statutory value added tax and other price components. Any shipping costs will be shown in the price information in our online shop. The total price including VAT and shipping costs is also displayed in the shopping cart before the customer submits the order. (2) Unless otherwise agreed in § 6 and § 7 of these T&Cs, the customer has the option to pay via PayPal, credit card (Visa, American Express, MasterCard), Klarna and Apple Pay via Safari browser. The respective terms of use of the payment service providers apply.
§ 4 Delivery
(1) Unless otherwise stated in the product description and subject to § 6 and § 7, delivery will be made within approximately 3 to 7 working days (Monday to Friday). The delivery period begins on the day following the conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, it ends on the next working day. (2) Express shipping: Items posted on a weekday by 14:00 h will, within the country, regularly be delivered within 24 hours. Orders placed on a Friday before 14:00 h will be delivered the following Monday. Express shipping is not available for subscription models under § 6. (3) The risk of accidental loss and deterioration of the goods in transit passes to the customer even in a mail-order sale at the time of handover to the shipping agent or, in the case of default of acceptance, at the time of notification of readiness for dispatch. (4) If there are delivery difficulties or a product is no longer available at the time of order, we will inform the customer immediately and reject acceptance. We will refund any payments made for the unavailable product without delay. (5) If we are unable to effect delivery, we will store the goods for up to 10 days in our warehouse. In that case we will leave a notification for the customer about where the order is located and how it can be received. If the customer fails to contact us within a set period we are entitled to withdraw from the contract. In such cases we will reimburse the purchase price at the latest within 14 days of the declaration of withdrawal. We will charge the customer for any shipping or other costs due from the termination of the contract. The subscription terms in § 6 remain unaffected.
§ 5 Retention of Title and Prohibition of Resale
(1) We retain title to the delivered goods until full payment has been made. (2) The customer assures that the products will be used exclusively for private purposes. Any commercial resale of the purchased products is prohibited.
§ 6 Subscription Model
(1) The subscription (“Club”) is an open-ended monthly delivery of jewellery and/or accessories. Customers may create an account during the order process. (2) The ordering process differs from § 2(3) as follows: 1) selection of colour and subscription term (either flexible or fixed for 3, 6 or 12 months), 2) addition to shopping cart via “Add to cart”, 3) review and modification of cart contents, 4) click “Proceed to checkout”, 5) entry of contact and delivery details including any discount code, 6) click “Continue”, 7) final review and confirmation via “Buy”. (3) The specific jewellery and/or accessories for each month are selected by us. The items are available only in one size. Exchanges due to size, colour or fit are excluded. The preview of the monthly items is available on our website. The colour can be changed in a flexible subscription up to the 28th of the current month via the customer account. For fixed subscriptions (3 / 6 / 12 months) a change of colour during the subscription term is not permitted. (4) The monthly price stated online includes VAT and shipping costs. Payment methods are PayPal and credit card. Vouchers cannot be redeemed. During a flexible subscription the monthly fee is collected on the 2nd of each month; the first payment is collected immediately after subscription is concluded. If collection fails, delivery will not take place. If further attempts fail and a deadline set by us passes, we are entitled to terminate the subscription and charge the customer for costs arising from termination. To change payment method a termination and re-subscription is required. (5) For subscriptions the delivery period in § 4 does not apply – delivery is as a rule within 3 to 7 working days after the monthly fee is collected. The customer receives a shipping confirmation with tracking number. Changes of shipping address can be made via the customer account. If we are unable to deliver and the order is stored for up to 10 days, and the customer fails to contact us, we may terminate the subscription and refund any prepaid fees within 14 days of termination. (6) Flexible subscriptions can be paused for the following month if requested by the 28th of the current month. Pausing suspends delivery and fee for the next month; delivery and fee resume the month after. (7) A flexible subscription may be terminated by the customer before the 28th of the running month with effect for the following month via our website or customer account. Fixed-term subscriptions may be terminated at any time, becoming effective at the end of the term; if not cancelled they automatically renew for the previously chosen term. We may terminate the subscription on or before the 3rd working day of a month for effect from the following month in text form.
§ 7 Seasonal Calendar Product
(1) For orders containing a seasonal calendar (e.g., advent calendar), delivery and dispatch periods deviate from § 4 and commence in September through mid-November unless stated otherwise. (2) A cancellation or change of shipping address is only possible up to the date indicated in the product description. (3) Payment methods are PayPal, credit card and Klarna. Vouchers may be redeemed; discount codes cannot be applied.
§ 8 Right of Withdrawal
(1) If the customer is a consumer, they have a statutory right of withdrawal subject to the following withdrawal instruction.
Withdrawal instruction
You may withdraw from this contract within fourteen (14) days without giving any reason. The withdrawal period is fourteen (14) days from the day upon which you or a designated third party (other than the carrier) have taken physical possession of the goods. To exercise your right of withdrawal you must inform us – zodiacsignelements.com – by means of a clear statement (e.g., a letter sent by post or an e-mail). You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your communication before the deadline expires.
Consequences of withdrawal
If you withdraw from this contract, we shall repay all payments received from you, including delivery costs (except for additional costs resulting from your choice of a different type of delivery than the least expensive standard delivery offered by us) without undue delay and at the latest within fourteen days of the day we receive notification of your withdrawal. We will use the same means of payment used by you unless you agree otherwise; in no event will you be charged any fees for such repayment. We may withhold the refund until we have received the goods back or the customer has furnished evidence that the goods have been returned, whichever is the earlier. You must send back the goods without undue delay and in any event no later than fourteen days from the day you inform us of the withdrawal. The deadline is met if you dispatch the goods before the 14-day period has expired. You bear the immediate cost of returning the goods. You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the condition, characteristics and functioning of the goods. The right of withdrawal does not apply to contracts for the supply of goods which are made to the consumer’s specifications or clearly personalised; or sealed goods which are not suitable for return for reasons of health protection or hygiene and where the seal has been removed after delivery. For orders of seasonal calendar products, subscription models or items explicitly excluded, the statutory right of withdrawal only applies as stated.
§ 9 Voluntary Return Option Up to 30 Days After Receipt
(1) Not affecting the statutory right of withdrawal, we grant the customer a voluntary return right for up to 30 days after receipt of the goods under the following terms. With this option the customer may, even after the 14-day withdrawal period, cancel the contract by sending back the goods within 30 days of receipt. (2) The voluntary return right only applies to unused, unwashed, original-packaged goods with original labels intact; otherwise we may refuse the return. (3) The voluntary return right does not apply to gift vouchers, seasonal calendar products, subscription services, or goods for which statutory withdrawal is excluded. (4) The cost of returning goods is borne by the customer. The invoice slip included is not a return label; the completed delivery note must be enclosed or in its absence name, order number and reason must be written on a paper. (5) Goods from separate orders may be returned together provided each article is in its original packaging and all delivery slips or paper items as required are enclosed. Seasonal calendars, surprise boxes, fashion boxes and sets must be returned in whole. (6) There’s no separate receipt acknowledgement on return; once processing is complete the customer is notified. Processing usually takes 10 days and may take longer after large sale events. (7) Refunds are made to the original payment method. If payment was made by PayPal, credit card or Apple Pay, refund is made to the relevant account. For purchases made with gift vouchers, a new digital voucher will be issued. Refunds for Klarna payments follow the conditions listed below. Until the expiry of the statutory withdrawal period, only the statutory conditions apply.
§ 10 Warranty
The statutory warranty rights apply unless otherwise stipulated below.
§ 11 Limitation of Liability
(1) We are liable to the customer in all cases of contractual and non-contractual liability for damages caused intentionally or by gross negligence in accordance with the statutory provisions. (2) In all other cases our liability is limited to the foreseeable damage typical for the contract, if a cardinal contractual obligation is breached; in all other cases liability is excluded to the extent permitted by law. (3) Our liability for injury to life, limb or health and under the Product Liability Act remains unaffected.
§ 12 Customer Service
Our customer service for questions, complaints and claims is available on working days (Monday to Friday, 08 : 00-16 : 30 h).
§ 13 Special Terms – Loyalty Program
- Our loyalty program (“Loyalty”) is run by us and automatically includes any natural person who registers at https://www.zodiacsignelements.com and creates an online customer account and thereby accepts the T&Cs. Participation is free. 2. Points can be collected from purchases made after registration in the online shop. Vouchers and shipping costs do not qualify for points. 3. Points become active 14 days after being credited; special actions may allow immediate activation. Redeeming is possible once 1,000 active points are reached; cash redemption or crediting toward shipping costs is not permitted. Redemption per purchase is limited (e.g., 1,600 points = €8) and unused points expire after 12 months from acquisition. 4. Status levels (e.g., Backpacker, Explorer, Adventurer) are determined by point thresholds and are non-transferable. 5. We reserve the right to suspend, discontinue, modify or supplement the loyalty programme under reasonable notice or immediately for good cause (e.g., changes in law, market conditions). Changes will be communicated via login or e-mail; they are deemed approved if not objected to within one month when the user is informed of this legal effect. If changes are not accepted, participation may end and the account may be suspended. We may also terminate or block an account for cause (e.g., breach of programme conditions).
§ 14 Final Provisions
(1) Contracts between us and the customer are subject to the law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory statutory provisions of the country in which the customer resides remain unaffected. (2) If individual provisions of these Terms & Conditions are or become ineffective, invalid or void, the remaining provisions shall remain unaffected. The contracting parties shall replace the ineffective or invalid provision by such a regulation as best achieves the intended economic purpose. If the ineffectiveness or invalidity pertains to a measure of performance or time (deadline or term), a legally permissible level of performance or period shall apply in place of the ineffective or invalid term.
Information on Klarna:
In cooperation with Klarna AB (publ), we offer the following payment options:
Invoice: Purchase now and pay later within a 14-day period.
Installment purchase: With Klarna financing you may pay in monthly instalments of minimum 1/24 of the total amount (minimum €6.95) or under other conditions at checkout. Further information and general terms for consumer loans are available on Klarna’s site. A credit check may be required and your personal data will be handled according to Klarna’s privacy notice.