Terms and Conditions

The following General Terms and Conditions (GTC) govern the sale of products by Maria Tsatalpasidou, Am Flötebach 10, 49324 Melle, Phone: 015735270346, E-mail: mail.lymeria@gmx.de, hereinafter referred to as the “Provider”, via the online shop at www.lymeriajewellery.com.

§ 1 Scope of Application

1. These General Terms and Conditions (GTC) apply to all contracts concluded between the provider and private customers (within the meaning of § 13 German Civil Code – BGB) via the online shop at www.lymeriajewellery.com. Orders from business customers, traders, freelancers, or commercial resellers are excluded.
2. Deviating terms and conditions of the customer shall not apply unless the provider has expressly agreed to them in writing.
3. The scope of the offered products includes: fashion jewelry.

 

 

§ 2 Conclusion of Contract

1. The contract is concluded with the provider:
    Maria Tsatalpasidou, Am Flötebach 10, 49324 Melle, Germany
2. The contract and negotiation language is German.
3. The offers are aimed exclusively at customers with a delivery address within the European Union and are intended only for private consumers.
4. Customers must be at least 18 years of age.
5. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order. The customer submits a binding offer by completing the ordering process and clicking the “Pay with PayPal” button at the end. The receipt of the order is confirmed by an automated email, which does not yet constitute acceptance. The purchase contract is only concluded by an explicit confirmation email or by dispatch of the goods.
6. Orders exceeding household quantities require the provider’s express approval. This applies to the number of products within a single order and also to multiple orders of the same product.
7. The order data will be stored after the contract has been concluded and can be viewed in the customer login area.
8. The customer agrees to receive invoices exclusively in electronic form. Electronic invoices are provided by email or in the customer account.
9. The contract text is not permanently stored by the provider. Customers can view and save the GTC at any time on the website. The order data will be sent to the customer by email after the order is placed. If a customer account has been created, previous orders can be viewed there.

§ 3 Right of Withdrawal

(1) Right of Withdrawal for Private Customers

The customer has the right to withdraw from the contract within fourteen (14) days without stating any reason.

The withdrawal period is fourteen (14) days from the day on which the customer or a third party designated by the customer, who is not the carrier, has taken possession of the last item.

To exercise the right of withdrawal, the customer must inform the provider:

Maria Tsatalpasidou

Am Flötebach 10

49324 Melle, Germany

Email: mail.lymeria@gmx.de

by means of a clear declaration (e.g., a letter sent by post or email) of their decision to withdraw from the contract. The customer may use the attached sample withdrawal form, but it is not mandatory.

To meet the withdrawal deadline, it is sufficient for the customer to send the communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

(2) Consequences of Withdrawal

If the customer withdraws from the contract, the provider will reimburse all payments received from the customer, including delivery costs (except for additional costs resulting from the customer’s choice of a delivery method other than the standard, most economical delivery offered by the provider), without undue delay and at the latest within fourteen (14) days from the day the provider receives notice of the withdrawal.

The refund will be made using the same payment method the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged fees for this refund.

The provider may withhold the refund until the goods have been returned or the customer has supplied evidence of having sent back the goods, whichever is earlier.

The customer must return the goods immediately and in any case no later than fourteen (14) days from the day they notified the provider of the withdrawal. The deadline is met if the goods are sent before the 14-day period expires.

The customer bears the direct cost of returning the goods.

The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Sample Withdrawal Form

(If you wish to withdraw from the contract, please email or mail us this completed form.)

I/we () hereby withdraw from the contract concluded by me/us () for the purchase of the following goods () / the provision of the following service ():

• Ordered on () / received on ():
• Name of consumer(s):
• Address of consumer(s):
• Date:
• Signature of the consumer(s) (only if this form is notified on paper)

§ 4 Exclusion of the Right of Withdrawal

The right of withdrawal does not apply to contracts for the delivery of:

• Goods that are not prefabricated and for which an individual choice or decision by the consumer is essential, or that are clearly tailored to the personal needs of the consumer,
• Goods that can spoil quickly or whose expiry date would be quickly exceeded,
• Sealed goods which are not suitable for return for health protection or hygiene reasons if their seal was removed after delivery,
• Goods that are inseparably mixed with other items after delivery due to their nature,
• Sealed audio or video recordings or sealed software, if the seal has been removed after delivery.

The right of withdrawal expires prematurely for products that are not suitable for return for hygiene reasons and whose seal has been broken after delivery (e.g., earrings).

§ 5 Prices and Shipping Costs

1. All prices include the applicable statutory value-added tax (VAT).
2. The listed prices are exclusive of shipping costs. Orders above €50 are eligible for free shipping.
3. It may occur that products in the online shop are mistakenly marked with an incorrect price. In such cases, the provider will contact the customer before dispatching the goods to inform them of the actual (higher) price and ask whether they would still like to purchase the product at the correct price or cancel the order. If the actual price is lower than the stated price, the provider will charge the lower price and ship the product.
4. The prices valid at the time of order apply. If list prices are available, they apply at the time the order is placed.

 

 

 

§ 6 Customs

 

1. For orders with delivery outside the European Union, import duties and taxes may apply once the package reaches the destination country. These additional charges must be paid by the customer; the provider has no control over these fees. Since customs policies vary widely from country to country, customers should contact their local customs office for more information.
2. For orders from outside the European Union, the customer is considered the importer and must comply with all laws and regulations of the country in which the goods are received. The provider notes that cross-border deliveries may be subject to inspection by customs authorities.

§ 7 Payment Terms

1. Payment of the purchase price is due upon conclusion of the contract. The customer may pay the purchase price using the payment methods indicated in the online shop.
2. PayPal: After completing the order, the customer will be redirected to PayPal to process the payment. Shipping will take place after the payment has been confirmed.
3. Upon dispatch of the goods, the invoice will be sent via email or, if no email address is provided, by post to the billing address indicated.
4. If the customer falls into arrears or a chargeback occurs, the provider is entitled to claim compensation for damages (e.g., reminder fees, interest on arrears, chargeback fees).
5. Payment by sending cash or checks is not possible.

 

 

 

§ 8 Retention of Title

 

1. The delivered goods remain the property of the provider until the full purchase price has been paid.
2. The customer is obliged to handle the goods with care during the retention of title. In particular, they must perform any necessary maintenance and inspection work at their own expense and on time.
3. The customer must inform the provider immediately in writing if the goods are seized or exposed to other interventions by third parties so that the provider can file a claim under § 771 ZPO (German Civil Procedure Code). If the third party is unable to reimburse the provider for the judicial and extrajudicial costs of such a lawsuit, the customer is liable for the loss incurred by the provider.

§ 9 Delivery, Cancellation, and Shipping

1. The delivery time is approximately 3 working days unless otherwise stated in the offer. The provider strives to meet the specified delivery times. If delivery times cannot be met, the customer will be informed promptly, and any payments already made will be refunded.
2. Unless otherwise agreed, delivery is made to the shipping address provided by the customer within Germany. Information about product availability can be found on the provider’s website. All availability, shipping, or delivery time details are non-binding unless expressly marked as binding.
3. If, during order processing, it becomes apparent that the ordered products are not available, the customer will be informed immediately by email or message in the customer account. The customer’s legal rights remain unaffected.
4. Delivery is made according to the payment method selected by the customer. For prepayment, delivery takes place after payment is received. For all other payment methods, delivery takes place after the conclusion of the contract.
5. If the order is shipped in multiple packages, the customer may receive separate shipping confirmations for each package. In this case, a separate purchase contract is concluded for each shipping confirmation regarding the products listed therein.
6. The customer may cancel the order free of charge until the goods are shipped. After shipping, cancellation is only possible under the conditions of the right of withdrawal.
7. Partial deliveries are permissible if reasonable for the customer. Additional shipping costs will only be incurred if expressly agreed.
8. If delivery of the goods fails due to the customer’s fault, the provider reserves the right to withdraw from the contract. Payments already made will be refunded without delay.
9. If the provider is not able to deliver the ordered goods without fault on their part because their supplier has failed to fulfill contractual obligations, the provider is entitled to withdraw from the contract. In such a case, the customer will be informed immediately and any payments already made will be refunded.
10. If the delivery of the ordered products is delayed or made impossible due to force majeure or other unforeseeable, extraordinary, and unavoidable circumstances—such as natural disasters, war, strikes, or government actions—the delivery period will be extended appropriately. The provider will inform the customer of the unavailability without delay. In these cases, the provider is entitled to withdraw from the contract. The customer will be informed about the withdrawal promptly, and any payments already made will be refunded.
11. The provider is not liable for delays in delivery caused by circumstances beyond their control (force majeure). In such cases, the customer will be informed immediately, and a new delivery date will be arranged.

§ 10 Transport Damage

1. If you receive goods with obvious transport damage, please report such defects immediately to the delivery service and contact us without delay.
2. Failure to make a complaint or contact us does not affect your statutory warranty rights. However, you help us assert our own claims against the carrier or transport insurance.

§ 11 Warranty

1. Warranty for Private Customers
   If the customer is a consumer, the warranty is governed by statutory provisions. Consumers in the EU have a statutory warranty right of two years from the delivery of the goods, in addition to a 30-day return guarantee.
2. Used Goods
   For used goods, the warranty period may be shorter than two years.

3. Note on Material Specifications:

   The materials of the offered jewelry pieces are based on information provided by the respective manufacturer. Despite the greatest possible care, we cannot guarantee the authenticity of the stated precious metal components (e.g. silver, gold plating) unless official hallmarks or certificates of authenticity are available. The descriptions (e.g. “silver,” “gold-plated”) are for general information purposes only and do not constitute a guaranteed material specification in the sense of a certificate of authenticity.

§ 12 Liability

 

1. If the customer is a consumer, liability is governed by statutory provisions.
2. The provider’s liability for contractual breaches of duty and tort is limited to intent and gross negligence. This limitation of liability does not apply to damages resulting from injury to life, body or health, claims arising from the breach of essential contractual obligations (cardinal obligations), or claims for delay damages under § 286 BGB. In these cases, the provider is liable for every level of fault.
3. In the event of slight negligence involving essential contractual obligations (cardinal obligations), the provider’s liability is limited to foreseeable and contract-typical damages. Essential contractual obligations are those which are necessary for achieving the purpose of the contract and on which the customer regularly relies.
4. The aforementioned limitation of liability also applies to minor breaches of duty by legal representatives or agents of the provider.
5. The provider assumes no responsibility for the content and accuracy of information provided by customers in registration or profile data, or for any other content generated by customers.
6. Claims for damages are limited to foreseeable, contract-typical damages. In the case of delay, the maximum liability is 5% of the order value.
7. Claims for damages due to injury to life, body, or health expire after 30 years; all other damage claims expire after two years. The limitation period begins at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the identity of the debtor, or would have become aware without gross negligence (§ 199 para. 1 BGB).
8. The provider is entitled to review content uploaded by customers to ensure compliance with legal regulations. In case of violations, the provider reserves the right to remove such content partially or entirely.
9. Liability under the Product Liability Act remains unaffected.

§ 13 Privacy Policy

1. The collection and processing of personal data is carried out in accordance with applicable data protection laws. The provider commits to handling customer data confidentially and will not disclose it to third parties unless the customer has expressly consented or there is a legal obligation to do so.
2. The customer has the right to request, at any time and free of charge, information about the personal data stored about them, as well as the right to rectification, deletion, or restriction of the processing of such data.
3. Further details on data protection can be found in the provider’s Privacy Policy.

§ 14 Set-off and Right of Retention

1. The customer is only entitled to offset if their counterclaims have been legally established or are undisputed by the provider.
2. The customer may only exercise a right of retention if their counterclaim arises from the same contractual relationship.

§ 15 Special Provisions for Digital Products and Services

1. Digital products are usually provided to the customer via download or by email. After receipt of payment, the customer will receive the necessary access data or download links.
2. Digital products are subject to the statutory warranty rights. In the event of a defect, the customer has the right to subsequent performance, i.e., rectification of the defect or delivery of a defect-free product.
3. The customer must ensure that they meet the technical requirements for receiving and using digital products. The provider assumes no liability for disruptions or damages resulting from insufficient technical conditions on the part of the customer.
4. For services that are not provided in the form of physical goods or digital content, the statutory provisions of service contract law (§§ 611 ff. BGB) apply.
5. The customer is obliged to provide all necessary cooperation in a timely and complete manner when using services. If the customer fails to meet this obligation, the provider may charge for any resulting additional effort.

§ 16 Rights of Use for Digital Content

1. By purchasing a digital product, the customer receives a simple, non-transferable, and unlimited right to use the purchased content, unless otherwise agreed.
2. The customer is not permitted to reproduce, distribute, or make the digital content publicly accessible unless this is explicitly allowed by contract.
3. All copyrights remain with the provider or the respective rights holder.

§ 17 User Account

1. The customer is required to provide complete and truthful information when registering and creating a user account. The customer must keep their login credentials (username and password) secure and protect them from access by third parties. The provider is not liable for damages resulting from misuse of access data unless the provider is at fault. Each customer may only create one user account. Multiple registrations are not permitted and may result in suspension or deletion of the account.
2. The customer is responsible for updating any changes to their personal data, especially contact and payment details, in their user account. The customer is liable for all activities carried out under their account, unless they are not responsible for the misuse.
3. The provider reserves the right to suspend or delete the user account if there is evidence of misuse, violation of these terms, or incorrect information provided at registration. The customer may request the deletion of their user account at any time. The provider will delete the account and all associated data promptly, provided there are no legal retention requirements. After deletion, a new account can only be created by re-registration.
4. The provider endeavors to ensure high availability of the user account. Temporary restrictions or interruptions due to technical maintenance or unforeseen events (e.g. force majeure) cannot be excluded. The provider is not liable for damages caused by temporary unavailability unless the provider is at fault.
5. The provider reserves the right to modify, expand, or restrict functions and content of the user account at any time. Changes to this clause will be communicated to the customer by email at least four weeks before they take effect. If the customer does not object within four weeks after receiving the change notification, the changes are considered accepted. The provider will specifically inform the customer of this legal consequence in the notification.

§ 22 Online Dispute Resolution and Participation in a Dispute Resolution Procedure

The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at: https://www.ec.europa.eu/consumers/odr.

The provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board. Nevertheless, the provider always strives to settle any disagreements arising from a contract amicably.

§ 23 Final Provisions

1. The contract language is German.
2. The provider does not offer products or services for purchase by minors. Products for children may only be purchased by adults. Persons under 18 may only use the website with the involvement of a parent or legal guardian.
3. Should individual provisions of these Terms and Conditions be or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, the valid and enforceable provision whose effects come closest to the economic objectives pursued by the parties shall apply.
4. Changes or additions to these Terms and Conditions must be made in writing. This also applies to the cancellation of this written form requirement.
5. The provider reserves the right to make changes to the website, rules, conditions, including these Terms and Conditions, at any time. The terms and conditions in effect at the time of your order will apply to your purchase, unless a change to these conditions is legally required or ordered by authorities (in which case they will also apply to previous orders).
6. There are no verbal side agreements. Changes or additions to this agreement must be made in writing.

§ 24 Copyright

 

All content published on this website – including texts, images, designs, logos, graphics, videos, and photographs – is protected by copyright. Any reproduction, editing, distribution, or other use of this content outside the limits of copyright law is only permitted with the express written consent of the provider. Infringements may be subject to legal action.

Effective as of: August 2025