1.1 These General Terms and Conditions (GTC) apply to all sales and other legal transactions between you as a consumer or as an intermediary and STILAMI GmbH. STILAMI GmbH sells various pieces of jewellery/art objects and these are available, among other things, via the web shop at stilami.com/shop. The web shop at stilami.com/shop is operated by STILAMI GmbH. The conditions under which the goods are offered are regulated below. By placing an order, the customer accepts these conditions and agrees to be bound by them.
1.2 STILAMI GmbH reserves the right to change these terms and conditions at any time without prior notice. However, the changes will only apply to new orders and will not affect orders already placed before the amended Terms and Conditions are posted on the website.
1.3 Different conditions (e.g. general terms and conditions, purchasing or payment conditions) of the customer are not applicable. They do not apply even if they are not expressly objected to again when the contract is concluded. The same applies to contradictory provisions contained in offers, order confirmations, specifications, invoices or similar documents or resulting from a law (if permitted), commercial usage or business practice.
2.1 The substantive law of the Republic of Austria applies, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods
3.1 The customer can view these general terms and conditions on the website stilami.com/AGB. The customer can also print and save this document.
Adecision about direct sale
4.7 In addition to the web shop that will be available in the near future, there are the following other options for purchasing products from us:
4.8 Processing begins with a non-binding consultation. This explains important information about the product and the brand and adapts your personal preferences to a specific product. This conversation is not legally binding and is for informational purposes only. No liability is assumed for any statements made during the conversation. As a result, you will be provided with a written, non-binding offer with an overview of your selected products. Unless a different deadline is specified in the respective offer, we are bound to this offer for 10 working days. If you would like to accept the offer, confirm this in writing, which will result in a legally binding contract. To confirm this, you will receive an order confirmation from us.
4.9 When purchasing from a STILAMI sales partner, you will receive all the necessary information on site. Our sales partners are trained with information about the product. If you cannot resolve any questions with your sales partner, you can reach us at +43 699 110 768 76 or .
5.1 For orders in our web shop, you can order as a guest or create a personal user account for orders. Since for the entire package of the product, specifically for the processing and connection of the certificate of authenticity of the respective product with you (the customer), the possibility of securing your personal data securely and with adjustable visibility and binding it to the piece of jewellery is recommended by us for the first purchase to create a user account. A user account will be created for you at the latest when the certificate of authenticity is activated via NFT and connected to the piece of jewellery. In the case of direct sales, the STILAMI user account is created with the data you provided. You will receive the access data below and can adjust your password. The connection between the user account and the pieces of jewellery serves to ensure that the respective pieces of jewellery are actually in your possession. For information on the storage and processing of your data, you can find our data protection information at the following link:www.stilami.com/datenschutzerklarung
5.2 To complete the order, the following personal data is required from you:
5.3 The authenticity of the piece of jewellery is verified and secured using the customer card included with the product. This is done via an NFT created exclusively for customers by STILAMI. When activating the certificate of authenticity, you agree to linking your individual wallet address and individual customer number with your personal data and accept the storage of your data in the STILAMI database.
5.5 We will store the data you provide until we notify us of your desire to delete the data.
6.5 The price level is based on the information in the price list or in the offer or, for online orders, based on the information in the web shop. Unless otherwise stated, all prices mentioned are in € (Euro). Prices shown in the online shop include VAT; in direct sales offers you will find the VAT shown in the offer. For orders that require delivery to you, shipping costs apply depending on the order value. In the next section you will find more information about delivery.
6.6 The stated purchase prices are due for payment immediately unless otherwise agreed. If payment terms have been agreed, the payment deadline applies from the invoice date. In the event of late payment, we reserve the right to withdraw from the contract.
6.7 For purchases directly from us, only payments via instant transfer, bank transfer, VISA, Mastercard, AmericanExpress, Paypal, cash payment and purchase on account are offered. When purchasing on account, we reserve the right to request a deposit before shipping the goods.
7.1 Unless otherwise stated, we deliver the goods to the specified delivery address or to specified STILAMI partners. Unless otherwise stated, delivery time within the EU is 14 days and outside the EU in 21 days. By placing an order, you authorize the transport of the goods by a third party. Deliveries are not made to packing stations.
7.2 Additional shipping costs may be added to the stated product prices. Detailed information can be found in the individual offer.
7.3 No liability is assumed for information regarding availability or delivery times provided in the web shop. In the event of force majeure, such as strikes, official interventions, war, natural disasters, delivery bottlenecks or blockages, pandemics or other operational disruptions through no fault of our own, such as fire, water, machine damage and other disruptions that, when viewed objectively, were not caused by culpability or negligence have been. If delivery cannot be carried out within the specified delivery period for the reasons mentioned or for other reasons, we will contact you immediately. If the new delivery period is not acceptable to you or the order cannot be carried out even with a new delivery period, both contracting parties are entitled to withdraw from the respective purchase contract in relation to the order. We assume no liability for delivery delays for which third parties are responsible.
8.1 As a consumer, you have a statutory right of cancellation/withdrawal within 14 days without giving reasons. This fourteen day period begins on the day on which you or a third party other than the carrier designated by you took possession of the product(s).
8.2 Products and orders that were manufactured according to your desired specifications, i.e. products manufactured individually for you or items personalized to you (engraving, embossing, design changes) are excluded from the right of withdrawal.
8.3 To safeguard the right of withdrawal, it is sufficient to send a declaration of withdrawal in a timely manner during the withdrawal period.
8.4 The revocation takes place through a clear statement (a letter sent by post or email) about your decision to revoke the relevant purchase contract. This declaration should be addressed to:
STILAMI GmbH
Bachstrasse 57
5023 Salzburg
Austria
E-mail:
9.1 If you cancel the contract in accordance with point 8, you will be entitled to all payments that we have received from you, including delivery costs (except for the additional costs that arise if you choose a type of delivery other than the standard delivery offered have), immediately and at the latest within fourteen days from the day on which you received notification of the cancellation of this contract. The same payment method that you used for the original transaction will be used for this repayment. The deadline is met if you send the goods before the fourteen day period has expired. The refund can be refused until the goods have arrived at the specified return address, they have been checked for authenticity and completeness or you have provided proof that you have sent the goods back, whichever is the earlier. In addition, the goods only count as fully transmitted when the associated NFT has been transferred back, as this forms part of the product.
9.2 The goods must be returned to or received in the new, unused, original condition to the specified cancellation address. We reserve the right to inspect the item and, if signs of wear are found, to deduct appropriate damages when refunding the purchase price. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.
10.1 The warranty is based on the legal provisions. Liability is only accepted for special properties if these have been expressly agreed to in writing. It is limited to the statutory period of 24 months from receipt of the goods by you or a third party named by you who is not the carrier. If there are justified complaints about defects, either a free replacement or an improvement will be made, for which a reasonable period of time must be granted. If an exchange or improvement is not possible due to excessive effort, unreasonableness, not being possible, etc., you are entitled to a price reduction or, if the defect is not minor, to cancellation of the contract (cancellation).
10.2 We assume no liability for production and material-related deviations in color nuances. Minor or other changes to the service or delivery obligation that are reasonable for you are deemed to have been approved in advance. Each of our pieces of jewellery is handmade and differs from each other, albeit minimally. Said minimal deviations are accepted during the course of the purchase and are also excluded from liability.
10.3 Any defects that occur must be reported by you upon delivery or after they become visible, whereby failure to disclose them upon delivery or after they become visible has no influence on the consumer’s warranty claims. If the purchase is a commercial transaction (B2B) for you, you must inspect the goods no later than 2 days after receipt and report them in writing immediately if you find a defect. If the complaint is not made properly and in a timely manner, the goods are deemed to have been properly accepted and approved, unless it is a defect that was not apparent during inspection. Such defects must be reported immediately upon discovery, otherwise the goods are deemed to have been approved even in view of this defect. The assertion of warranty or compensation claims as well as the right to challenge due to errors due to defects are excluded in these cases.
10.4 The transfer of risk in consumer transactions occurs in a sales transaction when the customer takes over the goods. When shipping, the risk of loss or damage to the goods passes as soon as the goods have been delivered to the consumer or to a third party named by the consumer who is not the carrier. In the course of corporate transactions (B2B), the transfer of risk occurs when the goods are delivered to the transporter.
11.1 We are only liable for intent and gross negligence, which excludes slightly negligent breaches of duty, with the exception of breaches of primary contractual obligations, personal injury and obligations whose execution is only possible under the contract.
11.2 The above-mentioned liability exclusions do not apply to injuries to life, body or health. We also point out the product liability law.
12.1 If one or more provisions of these General Terms and Conditions are invalid, the effectiveness of the remaining provisions will not be affected.
12.2 For any disputes In connection with our contracts, the place of jurisdiction is agreed at the company’s headquarters in Salzburg. The European Commission provides a platform for online dispute resolution (OS).https://ec.europa.eu/consumers/odr available. Our email address is
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