Terms of service
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GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
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TABLE OF CONTENTS
- SCOPE
- CONTRACT CONCLUSION
- RIGHT OF WITHDRAWAL
- PRICES AND PAYMENT TERMS
- DELIVERY AND SHIPPING CONDITIONS
- RETENTION OF TITLE
- LIABILITY FOR DEFECTS (WARRANTY)
- APPLICABLE LAW
- ALTERNATIVE DISPUTE RESOLUTION
- COOPERATIONS AND INFLUENCERS
1) Scope of application
1.1 These General Terms and Conditions (hereinafter “GTC”) of the Glittery Shop (hereinafter “seller”) apply to all contracts concluded for the delivery of goods between the seller and a customer (consumer or businessman) in the seller's online shop. The application of deviating conditions of the customer is hereby contradicted, unless something else has been expressly agreed.
1.2 A “consumer” in accordance with these GTC is any natural person who concludes a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity. A “businessman” in the sense of these GTC refers to a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The products displayed in the seller's online shop do not constitute a binding offer, but rather an invitation to the customer to make an offer.
2.2 The customer can submit the offer via the online order form in the seller's online shop. In doing so, the customer places the desired products in the virtual shopping cart and follows the electronic ordering process by clicking the button for order confirmation, thereby making a binding contractual offer for the items in the shopping cart. Alternatively, the customer can also direct the offer to the seller via email or through an online contact form.
2.3 The seller can accept the customer's offer within five days by:
provides the customer with a written order confirmation or a confirmation in text form (e.g., by email or fax), with the receipt of the confirmation by the customer being decisive, or
delivers the ordered goods to the customer, with the receipt of the goods by the customer being decisive, or
calls the customer to pay.
If there are multiple acceptance alternatives mentioned, the first occurrence is deemed decisive for the conclusion of the contract. The deadline for accepting the offer begins on the day after the offer is sent by the customer and ends after the fifth day. If the seller does not accept the offer within this period, this is considered a rejection of the offer, and the customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full and, if the customer does not have a PayPal account, the terms for payments without a PayPal account at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays with a payment method offered by PayPal, the seller already declares acceptance of the offer as soon as the customer finally confirms the order process.
2.5 When ordering via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and transmitted to the customer in text form (e.g., email) after the order is received. No further provision of the contract text by the seller will take place. If the customer has set up a customer account in the seller's online shop before placing their order, the order data will be stored on the seller's website and can be accessed by the customer at any time by providing the access data.
2.6 Before the binding submission of the order via the online order form, the customer can identify input errors by carefully checking the displayed information. A helpful way to detect input errors is the browser's zoom function. The customer can correct their entries during the ordering process until they finally confirm the order process.
2.7 The contract is concluded exclusively in German.
2.8 The order processing and contact usually take place via email and automated order processing. The customer must ensure that the provided email address is correct so that they can receive all emails sent by the seller. In particular, the customer must ensure that all emails sent by the seller or their authorized third parties are delivered when using spam filters.
2.9 Before placing an order, the customer is expressly requested to confirm our terms and conditions and to refer to our withdrawal instruction. With the purchase or creation of a customer account, the customer is explicitly asked for consent to our email marketing. The customer has the option to revoke this consent at any time and to no longer receive marketing communications in the future.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 For hygienic reasons, certain products are excluded from the right of withdrawal, including: earrings and piercings (real and fake), eyelashes (Lashes), and boobies cover. Personalized products and vouchers are also excluded from the right of withdrawal.
3.3 Further details on the right of withdrawal can be found in the seller's withdrawal instruction.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the product description of the seller, the prices stated include the total price including statutory value-added tax. Any additional delivery and shipping costs are separately indicated in the respective product description.
4.2 The payment methods are made available to the customer in the seller's online shop.
4.3 If the payment method "Sofort" is selected, the payment processing is carried out by the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "Sofort"). In order to pay with "Sofort", the customer must have an online banking account activated for participation, authenticate themselves in the payment process accordingly, and confirm the payment instruction to "Sofort". The payment transaction is then carried out immediately by "Sofort" and the customer's bank account is debited. Further information about the payment method "Sofort" can be accessed at https://www.klarna.com/sofort/.
4.4 If a payment method offered by Klarna is selected, the payment processing is carried out by Klarna Bank AB (Publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information as well as the terms of Klarna can be found in the seller's payment information, which is accessible at the following address:
https://glittery-shop.com/policies/shipping-policy
5) Delivery and shipping conditions
5.1 The delivery of the goods is made via shipping to the delivery address provided by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the processing of the order. Deviating from this, in the case of selecting the payment method PayPal, the delivery address stored by the customer at the time of payment with PayPal applies.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller. However, this does not apply to shipping costs if the customer effectively exercises their right of withdrawal. The regulation regarding return shipping costs in the event of a withdrawal is specified in the seller's withdrawal instruction.
5.3 Express shipping usually includes a tracking number provided by the seller's shipping service.
5.4 A self-collection of the goods is not possible for logistical reasons.
6) Retention of title
The seller retains ownership of the delivered goods until the full purchase price for the goods has been paid.
7) Warranty for defects (guarantee)
7.1 In the event of a defect in the purchased item, the statutory provisions on liability for defects apply. However, this liability is excluded if the defect or damage was caused by improper use or negligence, or by improper repair or alteration of the product. Damages such as soiling or color changes also do not establish a claim for warranty.
7.2 The warranty relates to defects that the product already had at the time of purchase. If a product arrives damaged, we ask you to contact our support within 48 hours. Damages that occur after receipt of the goods due to improper storage or use are excluded from the warranty.
7.3 The customer is requested to report goods that show visible transport damage to the carrier and to inform the seller about these damages.
8) Applicable Law
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the provisions of international sales law for movable goods. This choice of law applies to consumers only to the extent that it does not affect the mandatory protection provided by the laws of the state in which the consumer has their habitual residence.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution at the following link:
https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
9.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
10 COOPERATIONS AND INFLUENCERS
10.1 By accepting a cooperation, the user commits to fulfilling the cooperation according to the described tasks and specifications of the respective accepted cooperation. In the case of a minor user, the consent of the legal guardians must be obtained without request, and the Glittery team must be informed about this, even without inquiry.
10.2 A withdrawal from a cooperation is only possible for important reasons. In this case, any costs already incurred by the user as well as any follow-up costs caused by the withdrawal may be charged or offset against outstanding commission payments. Offsetting can also occur with other cooperation compensations.
10.3 When is an order considered a cooperation:
An order is considered a cooperation order as soon as a person has previously received a cooperation offer (e.g., "100% cashback after 3 stories") through an official communication channel from Glittery (e.g., Instagram, TikTok, email) and has placed an order in the Glittery online shop based on this prior agreement.
The contract is only concluded upon completion of the order through the online shop.
In this case, the order is explicitly not considered a consumer order, but rather within the framework of a content cooperation (e.g., influencer, content, or cashback cooperation).
10.4 Deviating conditions for cooperation orders:
For orders that occur within the framework of a previously agreed cooperation between the customer and Glittery, it is stipulated that a return or exchange of the goods is only possible in the form of an exchange or by issuing a shop voucher, deviating from the statutory right of withdrawal. A cash payment or refund to the originally used payment method is expressly excluded.
10.5 By placing the order, the customer acknowledges the special cancellation and return conditions applicable to cooperation partners as binding. Likewise, costs saved through granted discounts, commissions, or other benefits may be charged or offset if the cooperation is not properly fulfilled.
10.6 Cooperations must be fulfilled within the agreed deadlines. In case of important reasons for an extension, the Glittery team must be informed before the deadline expires.
10.7 During the term of a cooperation with Glittery, no cooperations with directly competing brands (jewelry) may generally be concluded. Exceptions can be approved on a case-by-case basis after prior agreement.
10.8 Payout and Cashback:
The commission is usually paid out in the form of shop credit, which is credited to the personal Glittery customer account at the agreed intervals. In exceptional cases and only after prior agreement, a payout of the commission in cash can occur upon presentation of a valid business certificate as an influencer.
10.9 Definition of Cashback:
Cashback means, within the framework of our terms and conditions, a refund in the form of a shop voucher (as a code) or as a credit to the personal Glittery customer account. This credit can be used for future orders in the Glittery shop.
A cash payment is excluded. Please contact us via Instagram or email to receive your cashback after fulfilling the agreed services.