Terms and Conditions T&C

Almas Jewellery Vienna

Sole Proprietorship / Online & Direct Trade in Fine Jewelry

Operator: Mark Azer

Address: Gerasdorf, Austria

Email: contact@almasjewelleryvienna.com

Website: www.almasjewelleryvienna.com

§ 1 Scope and General Provisions

  1. These Terms and Conditions ("T&C") apply to all purchase contracts, sales, and agreements concluded between Mark Azer, trading as Almas Jewellery Vienna (hereinafter "Seller", "we", or "us"), and consumers or business entities (hereinafter "Customer" or "you").

  2. A Consumer within the meaning of these T&C is any natural person who enters into a transaction for purposes that are predominantly outside their trade, business, or profession (§ 1 KSchG).

  3. Deviating or conflicting terms provided by the Customer shall not apply unless expressly agreed to in writing by the Seller.

§ 2 Scope of Sales Channels, Contract Formation, and Product Listings

  1. These T&C apply to all sales and transactions concluded across all sales channels operated by the Seller, including:

    • The primary online store (www.almasjewelleryvienna.com)

    • Third-party online marketplaces and platforms (including, but not limited to, Etsy, Willhaben, Amazon, eBay)

    • In-person sales, physical pop-ups, trade exhibitions, or local handovers

  2. Online Listings (Shopify, Etsy, Willhaben, Amazon, eBay): The presentation of goods and pricing on any website, online shop, or third-party marketplace does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).

  3. Contract Conclusion Online: By completing the checkout process or placing an order on any online platform or marketplace, the Customer submits a binding offer to purchase the selected goods. A binding contract is concluded only when the Seller explicitly confirms the order in writing (Order Confirmation / Shipment Notification) or dispatches the goods.

  4. In-Person Sales: For transactions conducted in person (e.g., local pick-ups, direct handovers, trade events), a binding purchase contract is concluded immediately upon mutual agreement and the simultaneous handover of goods against payment or payment confirmation.

§ 3 Pricing, Precious Metal Market Adjustments, and Tolerances

  1. All prices listed are final prices quoted in Euros (EUR). Prices include statutory Austrian Value Added Tax (VAT) where applicable, plus shipping and delivery costs as indicated during checkout or agreement.

  2. Precious Metal Price Fluctuations: Due to real-time volatility in global gold and precious metal spot markets, the Seller reserves the right to adjust product pricing across all sales channels at any time prior to contract conclusion.

  3. Weight and Handcraft Tolerances: Fine metal weights, chain dimensions, and gemstone specifications listed on websites or platform listings are approximate targets. Minor handcrafted weight variations of up to +/- 3% may occur in gold jewelry manufacturing and shall not constitute a product defect or breach of contract.

§ 4 Payment Terms and Retention of Title

  1. Payment methods made available to the Customer are displayed during checkout or agreed upon in person. These include:

    • Electronic Payments: Credit Card, Klarna, PayPal, Shopify Payments, and platform-native payment gateways (e.g., Etsy Payments, eBay Managed Payments)

    • Bank Transfer / Advance Payment (Vorkasse / Überweisung): Payment must be made directly to the Seller’s designated bank account within 5 business days of order confirmation. Orders will be processed and shipped only after full funds have cleared.

    • Cash Payment (Barzahlung): Available for direct in-person handovers or local pick-ups by prior appointment.

  2. The purchase price is due immediately upon contract conclusion or upon delivery/pick-up in the case of cash payment.

  3. Retention of Title (Eigentumsvorbehalt): All delivered goods remain the sole property of Mark Azer (Almas Jewellery Vienna) until full payment of the purchase price, including shipping fees, has been cleared.

§ 5 Shipping, Transport Risk, and Delivery

  1. Delivery is made to the shipping address specified by the Customer at checkout or confirmed via platform messaging.

  2. Transfer of Risk to Consumers: In accordance with § 7b KSchG, if the Customer is a consumer, the risk of loss or damage during shipment passes to the Customer only upon physical delivery of the parcel to the Customer or an authorized third party designated by the Customer.

  3. High-Value Courier Requirements: Precious metal shipments are sent fully insured via signature-required courier services. The Customer is obligated to inspect the external packaging upon delivery. If visible damage or tampering with the security tape is detected, the Customer must refuse acceptance or demand a written damage record from the courier driver immediately.

§ 6 Exclusion of the Right of Withdrawal / Non-Refundable Policy (§ 18 FAGG / Art. 16 EU Directive)

  1. General Notice on Fine Jewelry Exclusions:

    Because Almas Jewellery Vienna specializes exclusively in fine gold and precious metal jewelry whose valuation is tied directly to real-time market metal prices, all purchases are final. Under Austrian and EU distance selling laws, the standard 14-day right of withdrawal does not apply to the products offered across our sales channels.

  2. Absolute Statutory Exclusions (§ 18 Abs. 1 FAGG & Art. 16 EU Directive):

    Pursuant to Austrian law (§ 18 Abs. 1 FAGG) and EU Directive 2011/83/EU, the right of return or cancellation is strictly excluded and non-refundable for the following categories:

    • All Fine Gold & Precious Metal Items (§ 18 Abs. 1 Z 2 FAGG):

      Every fine gold piece, chain, ring, or pendant sold is priced in relation to international precious metal market spot rates. Because these financial market prices fluctuate continuously beyond our control, no standard stock jewelry items are eligible for withdrawal or return.

    • Custom-Made, Sized & Made-to-Order Pieces (§ 18 Abs. 1 Z 3 FAGG):

      Any item adjusted to customer request (e.g., custom ring sizing, custom chain lengths, personalized engravings, or bespoke manufacturing) is permanently exempt from return.

    • Pierced Earrings & Sealed Hygiene Items (§ 18 Abs. 1 Z 5 FAGG):

      Due to strict health protection and hygiene regulations, all pierced earrings and sealed jewelry items cannot be returned once delivered or once the security tag/seal is broken.

  3. Customer Acknowledgment:

    By placing an order on any of our sales channels (online store, Etsy, Willhaben, Amazon, eBay, or in-person), the Customer explicitly acknowledges and consents that all fine jewelry products sold are strictly non-refundable and exempt from withdrawal rights.

§ 7 Applicable Law and Jurisdiction

  1. All legal relationships between the Parties shall be governed exclusively by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

  2. For Consumers residing within the EU, mandatory legal consumer protection regulations of their country of residence remain unaffected.

  3. For commercial business entities (B2B), the exclusive place of jurisdiction for all disputes arising from this contract shall be the competent court for Wien / Korneuburg, Austria.

Legal Disclaimer

"Almas Jewellery" and "Almas Jewellery Vienna" are trading names of Mark Azer. All commercial activities, orders, contracts, and services provided under these names are conducted and legally fulfilled directly by Mark Azer.