General Terms and Conditions
Welcome to FYR 7®
§ 1 Scope and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") regulate the sale of products by Alarcón Aguilar Jewelry (hereinafter referred to as "Supplier") to you, in the version valid at the time of the order.
(2) Deviating general terms and conditions of the purchaser are rejected.
(3) Please read these terms carefully before placing an order with Alarcón Aguilar Jewelry. By placing an order with Alarcón Aguilar Jewelry, you agree to the application of these Terms of Sale to your order.
(4) On FYR 7® we offer the sale of the following products:
Jewellery and accessories
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are directed exclusively to end customers with an invoice and delivery address in:
Worldwide.
In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price.
(3) The purchaser must have reached the age of 18.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. Through the presentation of the goods, the customer is merely invited to make an offer.
(5) Your order constitutes an offer to FYR 7® to conclude a purchase contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks the "buy" button in the last order step.
(6) The purchase contract between the supplier and the purchaser is only concluded through a declaration of acceptance by the supplier. This takes place on the earlier of the two dates, either sending the goods or sending a shipping confirmation by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation on the part of the supplier. This refers both to the number of products ordered within the scope of one order and to the placement of several orders of the same product, where the individual orders comprise a quantity customary in the household.
(8) Your orders will be stored by us after the conclusion of the contract. If you lose your records of your orders, please contact us by e-mail or telephone. We will send you a copy of the order data.
(9) You agree to receive invoices electronically. Electronic invoices will be made available to you by email or in the customer account on the Website. We will inform you whether an electronic invoice is available for each delivery in the dispatch confirmation. For more information about electronic invoices, please visit our website.
§ 3 Prices and shipping costs
(1) Our prices include the applicable statutory value-added tax and do not include a flat rate or surcharge for shipping costs. The shipping surcharges vary depending on the type of delivery and article characteristics.
(2) Despite our best efforts, a small number of products in our catalog may be priced incorrectly. We check the prices when we process your order and before we debit the payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask if you wish to purchase the product at the correct price or cancel the order. If the correct price of a product is lower than the price we have quoted, we will charge the lower amount and send the product to you.
(3) The prices at the time of the order shall apply. If list prices are available, the prices of the list price valid at the time of the order shall apply.
§ 4 Delivery and cancellation
(1) Unless otherwise agreed, delivery will be made to the delivery address provided by the Customer. On the website you will find information on the availability of products sold by FYR 7® (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product are only anticipated information and approximate guidelines. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If FYR 7® determines during the processing of your order that products ordered by you are not available, you will be informed separately by e-mail or by message in your customer account. The legal claims of the customer remain unaffected.
(3) If a delivery to the customer is not possible because the delivered goods do not fit through the customer's entrance door, front door or staircase or because the customer is not found at the delivery address given by him, although the delivery date was announced to the customer with a reasonable period of time, the customer shall bear the costs for the unsuccessful delivery.
(4) The delivery takes place depending on the payment method of the customer. In the case of advance payment, delivery shall take place after the payment order has been issued to the remitting credit institution. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery shall take place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract is concluded between us with regard to each shipping confirmation for the products listed in the respective shipping confirmation. The contracting party is Alarcón Aguilar Jewelry. Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before we send you the corresponding shipping confirmation.
§ 5 Customs
(1) If you order products from FYR 7® for delivery outside Mexico, you may be subject to import duties and taxes which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary widely from country to country, so you should contact your local customs authority for more information.
(2) Furthermore, please note that when ordering from FYR 7®, you are considered an importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border shipments are subject to opening and inspection by customs authorities. For more information, please read our customs information.
§ 6 Payment
- Paypal
- credit card
(2) Certain payment methods can be excluded by the provider in individual cases.
(3) The customer is not permitted to pay for the goods by sending cash or checks.
(4) Should the purchaser choose an online payment method, the purchaser thereby authorizes the supplier to collect the amounts due at the time of the order.
(5) If the supplier offers payment in advance and the customer chooses this method of payment, the customer must transfer the invoice amount to the supplier's account within five calendar days of receipt of the order. The supplier reserves the goods accordingly for five calendar days.
(6) If the supplier offers payment by credit card and the customer chooses this method of payment, the customer expressly authorizes the supplier to collect the amounts due for partial deliveries or deliveries of goods at the time of the order.
(7) If the Provider offers payment by direct debit and the Customer selects this method of payment, the Customer shall grant the Provider a SEPA basic mandate. If, in the case of payment by direct debit, a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the customer shall bear the costs for this.
(8) If the supplier offers payment in advance and the purchaser chooses this method of payment, the purchaser undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any deduction of discount.
(9) Should the customer be in default of payment, the supplier reserves the right to claim damages for default.
§ 7 Offsetting and right of retention
(1) The purchaser is only entitled to set-off if the counterclaim of the purchaser has been legally established or has not been disputed by the supplier.
(2) The purchaser may only exercise a right of retention insofar as your counterclaim is based on the same contractual relationship.
§ 8 Retention of title
FYR 7 retains ownership of the goods until full payment has been received.
§ 9 Transport damage
(1) If the customer receives the goods with obvious transport damage, the supplier asks him to complain as soon as possible.
(2) Should the customer fail to make a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is that the supplier can assert his own claims against the carrier.
§ 10 Right to claim for defects
(1) If the purchaser is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the date of delivery of the goods and may request the repair or replacement of products purchased on FYR 7® if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may request a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the customer is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This applies insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.
§ 11 Limitation of liability (products)
(1) The supplier is liable for claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or agents of the supplier.
(2) Essential contractual obligations are obligations whose fulfillment is necessary to achieve the objective of the contract.
(3) The Supplier shall be liable for breaches of material contractual obligations based on foreseeable damage typical for the contract, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, limb or health.
(4) The provisions of the Product Liability Act shall remain unaffected.
(5) Insofar as the liability of FYR 7® is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 12 Cancellation policy
(1) If the customer is a consumer, he has a right of withdrawal in accordance with the following provisions:
(2) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods (or the last goods, part consignment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several part consignments or pieces) without giving reasons.
To exercise your right of withdrawal, you must send purchased jewelry to:
Email: info@fyrseven.com
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) about your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online return center within the period defined below.
(3) Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods without delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract to
Email: info@fyrseven.com
to return or hand over the goods. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal was removed after delivery or which were inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
in the case of services, if FYR 7® has provided them in full and you have noted and expressly agreed before placing the order that we may start providing the service and you lose your right of cancellation on full performance of the contract;
for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; and
for the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the purchase contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the trader has no control.
§ 13 Exclusion of the right of withdrawal
(1) The right of revocation does not exist for contracts
for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
(2) The right of withdrawal shall expire prematurely in the case of contracts
for the delivery of sealed goods, which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery;
for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature.
§ 14 Data protection
(1) If personal data (e.g. name, address, e-mail address) is collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be fully guaranteed. In this respect, our liability is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
(4) You have the right at any time to receive from FYR 7® complete and free information about the data concerning you.
(5) Furthermore, the user has a right to rectification/deletion of data/restriction of processing.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 15 Cookies
(1) In order to display the product range, we may use cookies. Cookies are small text files that are stored locally in the cache of the site visitor's Internet browser.
(2) Numerous Internet pages and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string of characters by which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This enables the visited Internet pages and servers to distinguish the individual browser of the person concerned from other Internet browsers that contain other cookies. A specific internet browser can be recognized and identified via the unique cookie ID.
(3) Through the use of cookies, the users of this website can provide more user-friendly services that would not be possible without the cookie setting.
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.
(6) Of course, you can set your browser so that no cookies are stored on the hard drive or already stored cookies are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 16 Place of jurisdiction and applicable law
(1) Any differences of opinion and disputes arising from this contract shall be governed exclusively by Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
§ 17 Final provisions
(1) The contractual language is english.
(2) We do not offer products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may use FYR 7® only with the involvement of a parent or guardian.
(3) If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions of Sale.
(4) We reserve the right to make changes to our website, policies, terms and conditions, including these Terms and Conditions, at any time. Your order will be subject to the terms of sale, terms of agreement and terms and conditions in force at the time you place your order, unless a change to these terms is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of a provision shall not affect the validity of the other provisions from the contract. Should this occur, the provision shall be replaced by another legally permissible provision in accordance with its meaning and purpose, which corresponds to the meaning and purpose of the invalid provision.