Index
- Scope of application
- Conclusion of the contract
- Right of withdrawal
- Price and payment conditions
- Delivery and shipping conditions
- Liability for defects
- Applicable law and jurisdiction
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions of Anna-Lena Moser A Stone's Desire (hereinafter referred to as "the seller") apply to all contracts concluded between a consumer or business (hereinafter referred to as "the customer") with the seller regarding goods or services displayed by the seller in their online store. The customer’s own terms and conditions are excluded unless otherwise agreed.
1.2 For these General Terms and Conditions, consumers are considered to be individuals acting primarily for purposes unrelated to their commercial, business, or independent professional activity. A business is any individual or legal entity, whether privately or publicly owned, that acts directly or through another person in its name or following its instructions, for purposes related to its commercial, business, or independent professional activity when entering into a legal transaction.
2) Conclusion of the contract
2.1 The product descriptions presented in the seller's online store constitute binding offers, which the customer accepts by placing an order.
2.2 The customer can place orders via the online order form integrated into the seller's online store, thereby accepting the seller’s offer. By submitting an order through the online form and after entering personal information, the customer legally accepts the contract offer for the products in their shopping cart by clicking the order completion button. Additionally, the customer can place orders via email or phone, thereby accepting the seller's offer.
2.3 Within 24 hours, the seller will send the customer an order confirmation by mail or email.
2.4 Upon acceptance of an offer through the seller’s online order form, the seller will save the contract text and send it to the customer along with the corresponding general terms in text form (e.g., via email, fax, or letter) after the customer has placed the order. The contract text will also be archived on the seller's website, and the customer can access it free of charge through their password-protected account, provided they created such an account before placing the order.
2.5 Before placing a binding order via the seller’s online form, the customer can correct their information at any time using the usual keyboard and mouse functions. Additionally, all data will be displayed again in a confirmation window before the order is placed, where corrections can be made using the usual keyboard and mouse functions.
2.6 Order processing and communication generally occur via email and automated order processing. The customer must ensure that the email address provided for order processing is correct so they can receive emails from the seller. If using spam filters, the customer must ensure that all emails sent by the seller or a third party authorized by the seller to process the order can be received.
2.7 If the customer acts as a consumer, the language for concluding the contract can only be Spanish.
3) Right of withdrawal
3.1 Generally, consumers have the right of withdrawal.
3.2 More information about the right of withdrawal can be found in the seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who are not part of a European Union member state at the time of the contract conclusion and whose sole residence and delivery address are outside the European Union at the time of the contract conclusion.
4) Price and payment conditions
4.1 The prices listed by the seller are total prices, including legal value-added tax. Any additional delivery or shipping costs will be indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, other costs may arise in specific cases that the seller is not responsible for and that the customer must bear. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees and currency conversion fees) or import duties and taxes (e.g., customs duties).
4.3 The customer has various payment options available on the seller’s website.
4.4 If advance payment is agreed upon, it is due immediately after the contract is concluded.
4.5 If "PayPal" is chosen as the payment method, the payment will be processed through the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with PayPal’s terms of use, which can be viewed at https://www.paypal.com/es/webapps/mpp/ua/useragreement-full?locale.x=es_ES
5) Delivery and shipping conditions
5.1 The delivery of goods is generally carried out by shipping to the delivery address specified by the customer. The delivery address specified in the seller’s order processing is decisive for the transaction.
5.2 If the shipping company cannot deliver the goods to the customer and returns them to the seller as a result, the customer bears the costs of the unsuccessful shipping. This does not apply if the customer exercises their right of withdrawal, if the customer is not responsible for the circumstances that made delivery impossible, or if they were temporarily unable to receive the offered service unless the seller had announced the service with sufficient advance notice.
5.3 If the customer is a business, the risk of accidental loss and deterioration of the sold goods is transferred to the customer as soon as the seller has handed over the goods to the shipping company, carrier, or any other person or company designated to carry out the shipment.
If the customer is a consumer, the risk of accidental loss and deterioration of the sold goods is generally not transferred to the customer or the authorized recipient until the goods are delivered. However, if the customer commissions the shipping company, carrier, or another person or company not named by the seller to carry out the shipment, and the seller has not previously indicated this person or company to the customer, the risk of accidental loss and deterioration of the sold goods is also transferred to the customer, even if they are a consumer, as soon as the seller has handed over the goods to the shipping company, carrier, or any other designated person or company.
5.4 In the case of collection by the customer, the seller will first inform the customer by email that the goods are ready for collection. After receiving this email, the customer can pick up the goods at the seller’s location by appointment. In this case, no shipping costs will be charged to the customer.
6) Liability for defects
6.1 If the purchased product is defective, the legal liability for defects applies, and the consumer's legal warranty rights are outlined in the General Law for the Defense of Consumers and Users.
6.2 In contrast to the above, the following applies to used goods: claims for defects are excluded if the defect does not occur until one year after the goods have been delivered. Defects that occur within one year of delivery can be claimed within the legal limitation period. However, the reduction of the liability period to one year does not apply to:
- items used in a building according to their usual purpose and which have caused the defect,
- claims for damages and the reimbursement of expenses by the customer, and
- if the seller has fraudulently concealed the defect.
6.3 The customer is requested to report goods delivered with obvious transport damage to the carrier and inform the seller accordingly.
Failure to do so does not affect the customer’s legal or contractual warranty rights.
7) Applicable law and jurisdiction
7.1 All legal relations between the parties shall be governed by the laws of the Kingdom of Spain, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
7.2 Furthermore, this choice of law with regard to the legal right of withdrawal does not apply to consumers who do not belong to a European Union member state at the time of the contract conclusion and whose sole residence and delivery address are outside the European Union at the time of the contract conclusion.
8) Alternative dispute resolution
8.1 The European Commission provides a platform for online dispute resolution, available at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a single point of entry for the out-of-court resolution of disputes related to contractual obligations arising from online sales or service contracts in which a consumer is involved.
8.2 The seller is neither obliged nor willing to participate in a dispute resolution process before a consumer arbitration board.