GENERAL TERMS AND CONDITIONS

For consumers

Scope
These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all legal transactions between The The Glowgem LTD, 55 Fonnereau Road Ipswich, England, IP1 3JN Company Register Number 15318171 (hereinafter referred to as “The Glowgem”) on the one hand and domestic and foreign consumers (hereinafter referred to as “Buyer” or “you”) on the other. The legal relationship between THE The Glowgem and the Buyer shall be governed by the following contractual and business terms and conditions in the specified order: The offer underlying the respective individual contract; These general terms and conditions including the warranty conditions and the shipping costs overview. Notwithstanding the above order of precedence, these General Terms and Conditions together with the warranty conditions and the overview of shipping costs shall apply exclusively, unless agreed in writing. This means that no other general terms and conditions of the buyer shall apply. This also applies in the event that the buyer bases the conclusion of the contract on his own GTC. A consumer is any natural person who enters a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. The Purchaser declares that it is concluding the legal transaction with GLEN GEMSTONE as a consumer and is not acquiring the object of purchase for the purpose of resale or for other commercial purposes. The General Terms and Conditions for legal transactions with entrepreneurs can be found here. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.



Conclusion of contract
A legal transaction between The Glowgem and the respective purchaser is concluded as follows: Express declaration of acceptance of an order placed by the Buyer via the webshop (theglowgem.com) by The Glowgem; Signature by the Buyer of the offer submitted in writing by The Glowgem. The conclusion of a contract does not have to take place on the premises permanently used by The Glowgem for its business purposes, but can also take place outside these premises. The rights of withdrawal according to point 10 or point 11 are applicable accordingly in these cases. The presentation of the objects of purchase in the web shop is subject to change and therefore does not represent a binding offer for the conclusion of a contract by GLEN GEMSTONE The Buyer is merely invited to make an offer by completing the order process (pressing the button “Order with obligation to pay”). All information on the website of The Glowgem (theglowgem.com) is without guarantee of correctness or completeness. The Glowgem reserves the right to make errors and changes.


Fulfilment
The Glowgem has duly fulfilled the contract if it has made the object of purchase available for collection as agreed, or if it has handed over the object of purchase to a transport company commissioned by the buyer as agreed (see point 5.2) or; if the object of purchase has been delivered to the buyer as agreed. (see point 5.1). Prior to full payment of the purchase price for the respective object of purchase, GLEN GEMSTONE is not obliged to make the object of purchase available for collection or to dispatch it. Should this nevertheless take place, point 7 (retention of title) shall apply accordingly.

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Retention of title
If the object of purchase was handed over to the buyer before the complete payment of the purchase price including additional expenses (e.g., shipping costs), the object of purchase remains the property of THE The Glowgem until the complete payment including additional expenses.

The statutory warranty provisions pursuant to the Austrian Civil Code, namely §§ 922 ff. ABGB as well as the Austrian Protection against Dismissal Act: §§ 8, 9 and 9a KSchG. If the object of purchase is a used product, the warranty period is limited to one year from the handover of the object of purchase. Any guarantees granted by The Glowgem on an object of purchase are subject to their own guaranteed conditions. Warranty claims do not limit the warranty rights of the buyer.



Liability
THE The Glowgem is only liable for damages which are culpably caused. The The Glowgem is not liable for loss of profit, loss of interest, loss of savings and other consequential damages as well as from claims of third parties in the case of slight negligence. However, this limitation of liability does not apply to compensation for personal injury. Further processing of data compatible with the original purpose of processing will be carried out on the same legal basis for direct marketing in forms for which no consent is necessary, such as sending addressed advertisements by post, until an objection is lodged. In this case, data will be transferred to the mail handling service provider. You may object to the use of your personal data for direct marketing at any time by written notice. If you exercise this right, we will cease the processing of your personal data for direct marketing.



Warranty
The statutory warranty provisions pursuant to the Austrian Civil Code, namely §§ 922 ff. ABGB as well as the Austrian Protection against Dismissal Act: §§ 8, 9 and 9a KSchG. If the object of purchase is a used product, the warranty period is limited to one year from the handover of the object of purchase. Any guarantees granted by The Glowgem on an object of purchase are subject to their own guaranteed conditions. Warranty claims do not limit the warranty rights of the buyer.


Right of withdrawal according to the Distance Contracts and Off-Premises Contracts Acts Distance (FAGG)
The consumer may withdraw from a distance contract or an off-premises contract within 14 days without giving reasons. The period for withdrawal begins on the day on which the consumer or a third party designated by the consumer and not acting as a carrier acquires possession of the goods, if the consumer has ordered several goods as part of a single order which are delivered separately, on the day on which the consumer or a third party not acting as a carrier and named by the consumer acquires possession of the last goods delivered, where the goods are delivered in several instalments, on the day on which the consumer or a third party, other than the carrier, and indicated by the consumer takes possession of the last instalment. The buyer shall in particular not be entitled to the right of withdrawal if the object of purchase has been manufactured according to customer specifications or has been clearly tailored to personal requirements or; the price of the object of purchase depends on fluctuations in the financial market over which The Glowgem has no influence and which may occur within the withdrawal period.



Complaints and alternative dispute resolution
Buyers can submit complaints to the EU’s online dispute resolution platform: http://ec.europa.eu/odr. Alternatively, you can submit your complaint directly to GLEN GEMSTONE at [email protected].



Data protection
The processing of personal data required for the provision of services by The Glowgemtakes place exclusively on the basis of the relevant legal provisions, such as in particular the General Data Protection Regulation (DSGVO) and the Austrian accompanying laws (e.g. DSG and TKG 2003). Further information can be found here.


Place of jurisdiction
The place of jurisdiction is the local court at the registered office of The Glowgem LTD. Should this clause deprive the purchaser of the protection to which he is entitled under Art. 6 Rome I Regulation, the place of jurisdiction shall be determined by the purchaser’s habitual residence.



Applicable law
Austrian law shall apply to the exclusion of international private law and the United Nations Convention on Contracts for the International Sale of Goods BGBl. 1998/96, as amended (UN Sales Convention). The choice of law shall only apply insofar as it does not restrict any mandatory statutory provisions of the state in which the buyer is domiciled or habitually resident.