Terms and Conditions
Meran & Beacock GmbH, Friedrichstrasse 17, 80801 Munich, Germany, (hereinafter "Meran & Beacock GmbH", "WE" or "Meran & Beacock GmbH.com"), provides the website www.carolinameran.com and offers fine jewellery for sale. These Terms & Conditions shall apply in the latest version to all orders and contracts made by Meran & Beacock GmbH and the client (“client”), who either is a private person of full age (hereinafter "consumer" according to para. 13 German Civil Code - BGB) or a trader (hereinafter "trader" according to para. 14 BGB). No subsequent agreement in any way altering these Terms & Conditions shall be binding on Meran & Beacock GmbH unless made in writing and signed by an authorized officer of Meran & Beacock GmbH.
2. Representation of goods and availability
2.1. Any goods on our website www.carolinameran.com are presented in a true-to-life manner to a large extent. Due to different settings or performances of screens or printers, the illustration can differ from the real appearance. The consistency and match with reality cannot be guaranteed by Meran & Beacock GmbH.
2.2 The products as presented on the website can be out of stock or unavailable for other reasons or vary in price in individual cases. The presentation of goods on the website is no binding offer. Unless specified otherwise all mentioned prices are given in EURO incl. VAT plus shipping costs.
3.1 All contracts between you and Meran & Beacock GmbH are closed by transferring any chosen items into the shopping bag on the website and upon completion of the order form and its dispatch by clicking the button "CONFIRM" or pressing "Return" or "Enter" on the keyboard (binding order of the customer) and finally upon receipt of the order confirmation of Meran & Beacock GmbH sent to the e-mail-account of the customer as stated in the order form or alternatively upon shipping of the goods at the latest. Customer accepts these Terms & Conditions by clicking the button in the order form. Any mistakes in the order form can be corrected by the change before dispatch of the order. The prices valid at the date and time of order apply.
3.2 We do not store the contract text and it cannot be downloaded again after your order has been completed. You can print out the order data immediately after sending it or use the email "receipt confirmation". The automatic order confirmation on the website, or by email to you, is not a binding offer from our side yet. A binding offer only exists once the payment has been accepted and the good are dispatched to the buyer.
3.3 In the event our supplier does not deliver the goods as ordered by us according to the distribution agreement between the supplier and us, we are entitled to terminate the contract, when the supplier breaches his duties contrary to the distribution agreement. In this case we will give a brief notice, that the ordered product is not available; eventual payments will be refunded in this case.
4. Delivery and Shipping
4.1 Unless otherwise agreed the shipping will be carried out to the address given by the customer. Periods of delivery are nonbinding, unless otherwise expressed.
4.2 We currently ship to all countries in the EU, USA, Canada, Switzerland and Liechtenstein, but are unable to deliver to Postbox/APO/FPO addresses. However, non EU Countries will follow a different procedure on import taxes (please see point 4.2.2.) We use established transport companies for delivery and use DHL, Parcel Brokers and FEDEX. Which transport company will be used depends on the service you have requested, the value of the item and the destination. We will confirm the transport company to you in the “shipping dispatched” email. Please see the transport company’s Terms and Conditions under www.fedex.com, www.dhl.com, www.parcelbrokers.de
4.2.2 Shipments to non EU-countries Your order may be subject to import duties and taxes, which are levied once a shipment reaches your country. You will be responsible for paying additional charges for customs clearance; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; please contact your local customs office for further information. Additionally, when ordering from Meran & Beacock GmbH.com, you are the importer and must comply with all laws and regulations of the destination country. You authorize us to designate a carrier to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise and advance (on your behalf) any duties and taxes owed by you. The carrier (Fedex in most cases) will then send you a separate bill for all duties and taxes they have paid for you in advance, so that you can re-imburse the carrier directly.
4.3 Cost of delivery. The client can choose the type of delivery from a table on www.carolinameran.com under “Delivery” and also from a scroll-down menu within the payment process. All shipping costs are paid by the client. Returns within Germany and Austria are free of cost, whereas cost of returns from other countries need to be paid for by the client. Please note that we aim to dispatch all orders within 24 hours with the exception of sale periods where this may take up to 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Meran & Beacock GMBH are not responsible for any delays caused by destination customs clearance processes.
Payments including shipping fees are accepted via credit card or bank transfer in advance. In the event that ordered goods are not available at present, any amounts credited in advance will be refunded immediately, credit cards will not be charged in this case.
5.1 Bank Transfer By choosing the payment option bank transfer in advance the customer agrees to pay immediately after the purchase order. Affirmation of the contract and delivery will be effected upon receipt of payment. Meran & Beacock GmbH is entitled to cancel an order, if the payment is not made within 5 working days since order.
5.2 Credit Card All credit card information (numbers, expiry dates etc) will be handled with an encrypted protocol automatically to ensure that neither Meran & Beacock GmbH nor third party have access to this information. This credit card information will only be used again after purchase transaction in the case of eventual refunds. Please note that this is a direct withdrawal.
5.3 Security Meran & Beacock GmbH works with the security software SSL (Secure Socket Layer), which is based on asymmetrical encryption to prevent malpractice or deception or copying of credit card information during the purchase process.
6.1. We take privacy very seriously. All customer data are saved and processed by carolinameran.com solely in accordance with the relevant data protection laws. In particular, personal data are being collected, saved, and used exclusively for the purpose of processing the order or with your explicit consent. Furthermore, addresses and ordering data are collected, processed and used for internal marketing purposes. We do not store personal data longer than is absolutely required.
6.2. In case you would prefer your personal data not to be used, processed, and transmitted for marketing purposes, simply inform us by post, fax or email at email@example.com. Please be aware, however, that this does not apply to the data that are necessary to process your order. Upon receipt of your notice, we will only use, process and transmit your data in order to process the latter. In addition, your information will not be used for advertising actions.
6.3. We do not forward personal data to third parties except with regard to subcontractors of carolinameran.com that require the transfer of data to process the order. In these cases, however, the scope of the data transfer is restricted to the required minimum.
7. Retention of Title
All goods will remain in our property until payment is received in full. In the case of a delay of payment over a period of more than 10 working days, Meran & Beacock GmbH is entitled to terminate the contract and claim back the goods.
8. Warranty / Liability
8.1 Condition and make of Goods All instructions, designs, illustrations, technical data, materials used and their weight -, measurement and performance specifications, which are contained in product folders, catalogues, circulars, announcements or price lists, have a purely informative character. We do not guarantee the correctness of these data.
8.2 Liability Liability in the case of material defects or defects of title shall follow the statutory provisions in force in the Federal Republic of Germany. Compensation for consequential damage caused by defects in delivered goods shall be excluded. The following restrictions shall apply: Meran & Beacock GmbH shall not be liable for other than by injury of lives, bodies and health developing damages, unless caused by Meran & Beacock GmbH or its employees, representatives or supporters with gross negligence or intent or based on culpable injury of a primary contractual obligation by Meran & Beacock GmbH or its employees, representatives or supporters. Any further liability shall be ruled out, except of such under the German Product Liability Act or liability for an expressively warranted condition or defects, which have been suppressed maliciously. Data communication over the internet cannot be ensured error free and/or at any time available after the present state of the art. Therefore we are not liable for the constant and continuous availability of our website. We are not responsible or liable for the availability and the content of third party’s websites reachable over hyperlinks from our website. The content of third party’s websites will not be appropriated by Meran & Beacock GmbH in any case.
8.3. Return of Faulty goods Please immediately call us if you receive a damaged item. Pieces are deemed faulty, if they were received damaged or if a fault in the quality is detected within 12 months of purchase. Please note that an item is not deemed faulty if the item has been damaged due to misuse and gross neglect. If possible we offer a repair of faulty goods. If you would like to exchange your item, please note that you can only do so if we have it in stock or if it is possible to re-order the item. In case we can not repair or substitute the item we will give you a full reimbursement of the original purchasing price. For all faulty articles please contact us under firstname.lastname@example.org.
8.4 Complaints In the case of eventual complaints please feel free to contact us under:
Daily Mo.-Fr. 09:00 AM – 5:00PM Email: email@example.com Telephone: +49- (0)89 / 59 06 80 11
9.1 We want you to be happy with our products. Should you for any reason be unhappy with our delivered goods, you have the right to return those within 14 days after receipt. Within 7 days of receipt of the goods you will need to inform us about the return by writing an email to firstname.lastname@example.org or by post to Meran & Beacock GmbH, Friedrichstrasse 17, 80801 München. This email or letter needs to state the customer number and order number which were part of the original delivery, as much as the list and value of the goods that you would like to return. We will confirm the return with a confirmation number and also with instructions about which type of transport to use for the return. You then have another 7 days by which the goods have to be received back by Meran & Beacock. This means you have a total of 14 days from receipt of the goods to return them to us.
9.2 In the case of an effective revocation both parties are entitled to demand the refund of achievements mutually. In the event of deterioration of the goods Meran & Beacock GmbH is entitled to claim a refund as compensation; Further you can avoid the claim for refund as compensation by using the goods carefully within the term. In the event that the refunded goods have been used, worn or the Carolina Meran Seal has been removed, the refund as compensation will come up to 100% of the purchase price. Shipping costs of the original delivery are not refunded by Meran & Beacock GmbH.
9.3 Returns All goods have to be returned using the type of transport recommended by Carolina Meran, as stated in our Return Confirmation Email. Please note that the instructions for returns are very simple and can be followed easily. Please note that we are only insured for the types of transport we recommend, if you choose a different transport company for the return, Meran & Beacock cannot take liability for the possible loss, delay or damage of the shipment. Meran & Beacock GmbH pays the shipping costs for the return within Austria and Germany. All goods have to be returned in their original packaging and please also insert the form “Returns” that had been part of the original delivery. All goods from an order that are being returned need to be send in one package and shipment. If all above conditions for the return are completed, we will re-imburse you with the amount, minus the cost of the original delivery. We will email you if there is a problem with the condition of the returned goods, or you have not adhered to the above conditions for returns. In case that goods are damaged and he we could not reimburse you with the full amount, you have the right to keep the items at the original cost, but we would not pay for the additional shipment back to you. In case you deny the receipt of damaged goods that have been returned to you, we have the right to keep the goods and your original payment.
9.4. Reimbursement of Returns We will reimburse you for your returns as soon as possible, however the time period varies from credit card to credit card. We cannot influence this process and usually the reimbursement is with you within 30 days.
10. Governing Law and General Terms
10.1 The law of the Federal Republic of Germany shall apply, the United Nations Convention on Contracts for the International Sales of Goods (CISG) expressly excluded.
10.2 The Terms & Conditions of Meran & Beacock GmbH will supersede any other general terms and conditions binding upon the customer.
10.3 Munich (Germany) shall be the place of jurisdiction if the customer is a merchant entered in the commercial register as a merchant, a legal entity under public law, or a federal special fund under public law (§ 38 German Civil Litigation Act).
10.4 Eventual ineffectiveness of single provisions does not touch the effectiveness of the remaining provisions.
MERAN & BEACOCK GmbH www.carolinameran.com Friedrichstrasse 17, 80801 Munich Germany
Daily Mo.-Fr. 9:00AM – 5:00 PM Phone: +49 (0)89 / 59 06 80 11
General Manager: Katharina Meran and Karl Beacock
Company House: HRB 190 623 München
Vat Nr.: DE275 78 2246