Terms and Conditions

§ 1 Scope, Definitions

1. The business relationship between the online shop provider

aveluene GmbH,

registered in the commercial register of the Local Court of Hamburg under HRB 196448

represented by Julika Neumann and Yasmin von Schlieffen-Nannen

Feldbrunnenstraße 7, 20148 Hamburg,

Tel: 0172 3827328, Email: shine@aveluene.com

VAT ID No. DE 460/430/860

(hereinafter "Provider") and the customer (hereinafter "Customer") shall be governed exclusively by the following General Terms and Conditions in their version valid at the time of the order. Deviating general terms and conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.

2. The Provider directs its online shop exclusively to adult consumers for private use. The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity. In contrast, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

§ 2 Conclusion of Contract, Correction of Input Errors

1. The presentation of goods in the online shop does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
2. The customer can select jewelry from the provider's assortment and collect it in a so-called shopping cart by clicking the "add to cart" button. By clicking the "order with obligation to pay" button, he submits a binding offer to purchase the goods in the shopping cart ("purchase offer").
3. Before submitting the order, the customer can change and view the data at any time, in particular, the desired quantity can be changed or the selected goods can be completely removed.
4. The purchase offer can only be submitted and transmitted if the customer accepts these general terms and conditions by clicking the "accept GTC" button and has thereby included them in his purchase offer.
5. The provider then sends the customer an automatic confirmation of receipt by e-mail, which lists the customer's order again and which the customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the customer's order has been received by the provider and does not constitute acceptance of the application.
6. The purchase contract between the provider and the customer is only concluded by the provider's declaration of acceptance, which is sent with a separate e-mail ("order confirmation"). In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent by aveluene to the customer on a durable medium (e-mail or paper printout) (contract confirmation). The contract text is stored in compliance with data protection regulations.
7. The contract is concluded in German or English.

§ 3 Delivery, Goods Availability

1. Deliveries are made exclusively within the European Union and Switzerland.

2. All information in the online shop regarding the availability and delivery time of goods is non-binding and without guarantee.

3. If the goods selected by the customer are permanently unavailable at the time of the customer's order, the provider will immediately inform the customer of this and refrain from sending an order confirmation and declaration of acceptance. In this case, no purchase contract is concluded between the provider and the customer. Insofar as the customer has already made payments to the provider, the provider is obliged to refund these to the customer immediately.

4. If the goods selected by the customer are only temporarily unavailable at the time of the customer's order, the provider will immediately inform the customer of this in the order confirmation, possibly stating the new estimated delivery period. If the new delivery period is not acceptable to the customer or if the goods are partially or completely no longer available within the new delivery period, both parties are entitled to withdraw from the purchase contract with regard to the goods concerned. Payments already made by the customer for the no longer available goods must be refunded to the customer by the provider immediately.

§ 4 Prices and Shipping Costs

1. All prices stated on the provider's website include the statutory value-added tax valid at the time.

2. Any shipping costs incurred will be indicated to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal.

3. Goods are shipped via DHL or a value courier. The provider bears the shipping risk if the customer is a consumer.

4. In the event of a withdrawal, we bear the costs of returning the goods.

§ 5 Terms of Payment, Retention of Title

1. The purchase price is due immediately upon ordering the goods.

2. Payment for the goods is made via one of the payment methods offered in the ordering process.

3. The delivered goods remain the property of the provider until full payment has been received.

4. If the customer is more than 10 days in arrears with payment, the provider has the right to withdraw from the purchase contract.

§ 6 Warranty for Material Defects, Guarantee

1. The provider is liable for material defects according to the applicable legal provisions, in particular §§ 434 et seq. BGB. For entrepreneurs, the warranty period for goods delivered by the provider is 12 months.

2. An additional guarantee for the goods supplied by the provider only exists if it has been expressly given in the order confirmation for the respective item.

§ 7 Liability of the Provider

1. Claims for damages by the customer are excluded. This does not apply to claims for damages by the customer arising from injury to life, body, health, or from the breach of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

2. In the event of a breach of essential contractual obligations, the provider shall only be liable for the foreseeable damage typical for the contract, if this was caused by simple negligence, unless it concerns claims for damages by the customer arising from injury to life, body or health.

3. The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

4. The liability limitations arising from paragraphs 1 and 2 do not apply if the provider fraudulently concealed the defect or assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.

§ 8 Right of Withdrawal

1. Consumers have a statutory right of withdrawal when concluding a distance selling contract, about which the provider informs below in accordance with the statutory model.

Instructions on withdrawal: Right of withdrawal You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us, aveluene GmbH Feldbrunnenstraße 7, 20148 Hamburg, Email address: shine@aveluene.com by means of a clear statement (e.g., a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory. You can also electronically fill out and submit the model withdrawal form or any other clear statement on our website www.aveluene.com. If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g., by e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Consequences of withdrawal If you withdraw from this contract, we have to repay all payments that we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract has reached us. 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 fees 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 or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send off the goods before the period of fourteen days has expired. We bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling them in a way that is not necessary to check the condition, properties and functionality of the goods.

2. The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the customer is decisive or which are clearly tailored to the customer's personal needs ("custom-made products").

Products that are not shown as directly available on our website and indicate a longer delivery time are individually made for you by our jewelers. This guarantees sustainable and high-quality production. In these cases, an exchange is not provided. If you still have questions, please contact our Concierge Service at shine@aveluene.com, stating your email address and order number. Together we will find a solution. Please note that we can usually only act against exchange or voucher here.

3. The provider informs about the model withdrawal form according to the legal regulation as follows:

Model withdrawal form (If you wish to withdraw from the contract, please fill out this form and send it back.) — To: aveluene GmbH, Feldbrunnenstraße 7, 20148 Hamburg, Email: shine@aveluene.com I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)……………………… — Ordered on (*)….. / received on (*)….. — Name of consumer(s) — Address of consumer(s) — Signature of consumer(s) (only for communication on paper) — Date (*) Delete as appropriate

4. In the event of withdrawal, aveluene will arrange the insured return transport at its own expense and send the customer a return label.

5. When exercising the right of withdrawal, the goods must be returned in their original packaging and original condition, together with the invoice from the purchase or a copy if not all items are returned.

6. Products with a label or seal must be returned with the label or seal intact and without any alteration or damage. If the label or seal is missing or has been compromised, no return or refund of the purchase price will be made.

7. Paragraph 6 sentence 1 applies accordingly to the included jewelry box. This must also be returned undamaged and intact. If this is not the case, aveluene is entitled to deduct the costs of the jewelry box when refunding the purchase price.

§ 9 Data Protection

Information on the collection, storage and processing of personal data can be found in the provider's data protection information at the following link:

[https://aveluene.com › pages › datenschutz].

§ 10 Final Provisions

1. Contracts between the provider and the customers are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, remain unaffected.

2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.

3. The contract remains binding in its remaining parts even if individual points are legally invalid. The statutory provisions shall apply in place of any invalid points, where available.