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 have no effect on orders that were placed before the amended Terms and Conditions were published on the website.
1.3 Diverging conditions (e.g., general terms and conditions, purchasing or payment terms) of the customer are not applicable. This also applies if they are not explicitly objected to again at the time of contract conclusion. The same applies to contradictory provisions contained in offers, order confirmations, specifications, invoices, or similar documents, or arising from a law (if permissible), trade customs, or business practices.
2. Applicable Law
2.1 The substantive law of the Republic of Austria applies, excluding the conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
3. Storage and Access to the Terms and Conditions
3.1 The customer can view these General Terms and Conditions on the website stilami.com/AGB. The customer may also print and save this document.
4. Conclusion of the Contract
Conclusion of the Contract via Direct Sale
4.7 In addition to the webshop, which will be available in the near future, there are the following other options for purchasing products from us:
4.8 The process begins with a non-binding consultation. During this, important information about the product and the brand will be explained, and your personal preferences will already be tailored to a specific product. This conversation is non-binding and serves 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 that includes an overview of your selected products. Unless a different deadline is specified in the respective offer, we are bound by this offer for 10 business days. If you wish to accept the offer, you confirm it in writing, which results in a legally binding contract. You will then receive an order confirmation from us.
4.9 When purchasing from a STILAMI distributor partner, you will receive all the necessary information on-site. Our distributor partners are trained with information about the product. If any questions cannot be clarified by the distributor partner, you can reach us at +43 699 110 768 76 or .
5. Creation of a User Account; Storage and Processing of Personal Data
5.1 For orders in our webshop, you can either place an order as a guest or create a personal user account for orders. Since the entire product package, specifically for handling and connecting the authenticity certificate of the respective product with you (the customer), requires securely storing and making your personal data visible and adjustable, we recommend creating a user account during your first purchase. At the latest, when the authenticity certificate is activated via NFT and connected to the jewellery piece, a user account will be created for you. In the case of direct sales, the user account will be created by STILAMI with your provided data. You will receive your login details and can adjust your password. The connection between the user account and the jewellery pieces ensures security, confirming that the respective jewellery pieces are indeed in your possession. For information on the storage and processing of your data, please refer to our privacy policy at the following link: www.stilami.com/datenschutzerklarung
5.2 To complete the order, the following personal data will be required from you:
5.3 The authenticity of the jewellery piece is verified and secured through the customer card provided with the product. This is managed via an NFT exclusively created for customers by STILAMI. By activating the authenticity certificate, you consent to linking your individual wallet address and customer number with your personal data and accept the storage of your data in the STILAMI database.
5.5 The data you provide will be stored until you request its deletion.
6. Prices and Payment Terms
6.5 The price amount is determined by the information in the price list or offer, or for online orders, by the details in the webshop. All prices are quoted in € (Euro), unless otherwise stated. In the webshop, the prices include VAT, while in direct sales offers, the VAT is listed separately in the offer. For orders that require delivery to you, shipping costs will apply depending on the order value. More information about delivery can be found in the next section.
6.6 The stated purchase prices are due for immediate payment, unless otherwise agreed. If payment terms are agreed upon, the payment period begins from the invoice date. In the event of payment delay, we reserve the right to withdraw from the contract.
6.7 For purchases directly with us, payments are accepted exclusively via instant transfer, bank transfer, VISA, Mastercard, American Express, PayPal, cash payment, and purchase on invoice. For purchases on invoice, we reserve the right to request a deposit before shipping the goods.
7. Delivery
7.1 Unless otherwise stated, we will deliver the goods to the specified delivery address or to designated partners of STILAMI. Unless otherwise specified, delivery within the EU will take place within 14 days, and outside the EU within 21 days. By placing the order, you authorize the transportation of the goods by a third party. Deliveries to parcel stations are not possible.
7.2 Additional shipping costs may apply to the listed product prices. Detailed information will be provided in the individual offer.
7.3 We do not assume liability for the information regarding availability or delivery times provided in the webshop. In the event of force majeure, such as strikes, government interventions, war, natural disasters, supply shortages or blockages, pandemics, or other uncontrollable business disruptions, such as fire, water, machinery damage, and other hindrances that were not caused by fault or negligence, the delivery may not be possible within the specified delivery period. If delivery is not feasible for the stated or other reasons, we will contact you immediately. If the new delivery period is not acceptable to you or if the order cannot be completed within the new delivery period, both parties are entitled to withdraw from the contract regarding that order. We do not accept liability for delivery delays caused by third parties.
8. Right of Withdrawal for Consumers
8.1 As a consumer, you have a statutory right of withdrawal/termination within 14 days without providing any reason. This fourteen-day period begins on the day you or a third party designated by you, who is not the carrier, takes possession of the product(s).
8.2 Products and orders that have been made according to your specifications, such as custom-made products or personalized items (engraving, embossing, design changes), are excluded from the right of withdrawal.
8.3 To exercise the right of withdrawal, it is sufficient to send a timely withdrawal declaration within the withdrawal period.
8.4 The withdrawal must be made through a clear statement (a letter sent by post or an email) regarding your decision to withdraw from the respective purchase contract. This statement should be directed to:
STILAMI GmbH
Bachstraße 57
5023 Salzburg
Austria
E-Mail:
9. Consequences of Withdrawal
9.1 If you withdraw from the contract in accordance with point 8, we will refund all payments we have received from you, including the delivery costs (except for additional costs resulting from choosing a delivery method other than the offered standard delivery), immediately and no later than fourteen days from the day we receive your notice of withdrawal from this contract. The refund will be made using the same payment method you used in the original transaction. The deadline is met if you send the goods back before the expiration of the fourteen-day period. The refund may be withheld until the goods have been returned to the specified return address, verified for authenticity and completeness, or you have provided proof that the goods have been sent back, whichever occurs first. Additionally, the goods will only be considered fully returned once the associated NFT has been transferred back, as it is part of the product.
9.2 The goods must be returned to the specified return address in their new, unused original condition or must arrive there. Upon inspection, if signs of use are found, we reserve the right to deduct an appropriate compensation amount from the refund of the purchase price. You are only responsible for any loss of value of the goods if this loss is due to handling that was unnecessary to examine the nature, characteristics, and functioning of the goods.
10. Warranty
10.1 The warranty is governed by statutory provisions. Liability for specific properties is only assumed if these have been expressly confirmed in writing. The warranty period is limited to the statutory period of 24 months from the date the goods are taken over by you or a third party designated by you, who is not the carrier. In the case of justified complaints regarding defects, either free replacement or repair will be provided, with a reasonable period for completion. If a replacement or repair is not feasible due to excessive effort, unreasonable demands, impossibility, etc., you are entitled to a reduction in price or, if the defect is not minor, to contract cancellation (rescission).
10.2 We do not assume liability for production and material-related deviations in color nuances. Minor or otherwise acceptable changes in the performance or delivery obligations are considered approved in advance. Each of our jewellery pieces is handmade and may differ slightly from one another. These minimal variations are accepted during the purchase and are also excluded from liability.
10.3 Any defects must be reported by you upon delivery or once they become visible. Failure to notify the defects upon delivery or when they become visible does not affect the warranty claims for consumers. If the purchase is a commercial transaction for you (B2B), you must inspect the goods no later than 2 days after receipt and immediately notify us in writing of any defects found. If the defect notification is not properly and timely made, the goods will be deemed accepted and approved, unless the defect was not apparent upon inspection. Such defects must be reported immediately after discovery; otherwise, the goods will be considered approved even with regard to the defect. In these cases, the assertion of warranty or compensation claims, as well as the right to challenge the contract due to mistakes based on defects, are excluded.
10.4 In consumer transactions, the transfer of risk occurs when the goods are taken over by the customer in a sales transaction. In the case of shipping, the risk of loss or damage to the goods transfers as soon as the goods are delivered to the consumer or a third party designated by them, who is not the carrier. In business transactions (B2B), the transfer of risk occurs when the goods are delivered to the carrier.
11. Liability
11.1 We are only liable for intent and gross negligence, which excludes minor negligent breaches of duty, except in cases of violation of principal contractual obligations, personal injury, and duties essential for the execution of the contract.
11.2 The aforementioned exclusions of liability do not apply in cases of injury to life, body, and health. We also refer to the Product Liability Act.
12. Final Provisions
12.1 If one or more provisions of these Terms and Conditions are found to be invalid, the validity of the remaining provisions shall not be affected.
12.2 For any disputes related to our contracts, the jurisdiction of the company’s registered office in Salzburg is agreed upon. The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr. Our email address is .
STILAMI - The Art Jewellery
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