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General Terms and Conditions and Cancellation Policy

Status as of 23/11/2023

If you place orders on www.cddjewelry.com as a consumer (as defined by the Consumer Protection Act), then these General Terms and Conditions (including returns) (hereinafter referred to as "GT&Cs") form the basis of the contract you enter, according to the current version of the GT&Cs at the time your order is placed. 

The language available for orders, contracts, customer service, and other information on www.cddjewelry.com is: English.

Every time you place an order through www.cddjewelry.com, you acknowledge these Terms and Conditions, agree to them and accept their exclusive validity.

All business relations between yourselves and our company ("us") are subject exclusively to these GT&Cs (in the version applicable at the time of your order). Deviations from these GT&Cs or any conflicting Terms and Conditions of business or purchases shall not - even if implied - become part of this contract.

These General Terms and Conditions can only be amended by mutual agreement if it is necessary to eliminate equivalence issues that arise subsequently, or to adapt to changes in the legal or technical framework conditions. Any subsequent amendments cannot create a disadvantage for you.

Identification of the Seller

Name: CDD Design GmbH

Address:  Sechshauser Straße 41/28, 1150 Wien

E-mail: hi@cddjewelry.com

Telephone: +447379494945

(hereinafter called “the Seller”)

Article 1

Field of application

1.1 These General Conditions of Sale (hereinafter the “GCS”), together with the website terms of use (hereinafter the “Website terms”), are intended to be applied to all sales of the products displayed via the internet site www.cddjewelry.com (hereinafter the “Website”).

1. The Seller reserves the right to change the current GCS at any time. Any amendment of the GCS shall be effective exclusively for all new orders submitted following the publication of the amendment on the Website. Customers should check the GCS posted on the Website before clicking on the “Buy now” button—they may have changed since the last visit.
2. The GCS may be printed, downloaded, and/or stored by customers.
3. The Website is intended only for sales to consumers being of legal age, acting for purposes which are outside their trade, business, craft or profession (hereinafter “the Customer(s)”). The products displayed on the Website are not intended for re-sale. Orders for quantities exceeding typical personal use are not permitted.

Article 2

Purchase procedure and conclusion of contract/Order and acceptance

1. Customers choose products by clicking on their respective images. The chosen products will be included in the shopping cart, after which Customers can place their orders by filling out the order form and accepting the current GCS. Prior to submitting an order a Customer is required to verify the accuracy of the information provided after making any necessary corrections. A purchase order is submitted to Seller when the Customer selects the “Buy now” option, shortly after which the Customer will receive an e-mail acknowledging the receipt of the order. Customers may regularly access updated information on the status of their pending orders by clicking on the personal section in the customer care area of the Website.
2. An order submitted by a Customer is an offer to purchase the chosen products from the Seller. Orders are subject to the Seller’s acceptance, which shall be provided by means of an e-mail of acceptance within 10 (ten) calendar days from the submission of the order. A Customer may cancel its order any time prior to the Seller’s dispatch of the acceptance e- mail. Upon Seller’s acceptance, the sale contract shall be deemed concluded. The Seller may refuse to accept any order at its discretion. The price of the products will be blocked on the Customer’s credit card at the time the order is submitted but charged only after the acceptance of the order by the Seller.

 The Seller reserves the right to change the assortment of products displayed on the Website at any time.

1. The Seller reserves the right to cancel a sale contract with any Customer with whom litigation is pending, or who is or has been in breach of the Seller’s General Conditions of Sale in the course of a previous purchase.

Article 3

Prices and payment conditions

1. The prices of the products on sale on the Website are inclusive of VAT or other applicable sales taxes in the Seller’s country. The prices shown on the Website do not include the delivery fee or any customs duty or sales taxes applicable in the country to which products will be delivered, which shall be charged to the Customer separately. Unless the Customer takes charge of the consignment of the products with a carrier, the Seller remains responsible for any customs clearance and payment of the duties or taxes on behalf of the Customer. The total order price will be shown before Customer is prompted to select the “Buy now” button.
2. The Seller reserves the right to modify the prices of products displayed on the Website, or to correct any errors or inaccuracies, at any time.

3.3 If, before the Seller accepts an order, it discovers an error in the price of the products ordered by the Customer, the Seller shall inform the Customer as soon as reasonably possible. The Customer will then be given the option of re-confirming the order at the correct price or cancelling the order, If the Seller is not able to contact the Customer using the contact details provided by the Customer during the order process, the order shall be considered as cancelled and notice thereof shall be given by e-mail.

3.4. The means of payment accepted by the Seller are indicated at the beginning of the ordering process.

Article 4

Delivery

1. The products sold through the Website can be delivered to all countries except Russia and Belarus. Orders to be delivered in countries other than the listed countries shall not be accepted.
2. The products shall be delivered to the address indicated in the order within the time indicated in the order acceptance and in any case no later than 100 days from the date the order is submitted as provided by applicable law. No delivery shall be made to P.O. boxes. Delivery shall be made only to persons of legal age. The Customer acknowledges that any person at the delivery address shall be authorised to take delivery.
3. The estimated delivery time is provided in the order summary. This estimation is approximate. You will be informed of any anticipated delays before the start of the order process at www.cddjewelry.com. If we are prevented from meeting delivery deadlines due to force majeure (e.g. strikes, natural disasters) or other circumstances for which we are not responsible, we will inform you as soon as possible. The delivery period shall be extended by the duration of such events. If delivery becomes impossible due to circumstances out of our control, both parties are entitled to withdraw from the contract in whole or in part. We will inform you immediately if this should happen.
4. The risk of loss of or damage to the ordered products passes to the Customer at delivery pursuant to Article 4.2. However, if the Customer is in charge of the consignment of the products, delivery shall take place and the risk shall pass to the Customer upon handing the goods over to the carrier, without prejudice to the rights of the Customer against the carrier. When the Customer is in charge of the consignment, the Customer is also responsible for any customs clearance, and the payment of any duties or taxes in connection therewith, as these are normally part of the logistics services provided by the carrier.
5. In the event the Seller has indicated a delivery time and delivery is not possible for reasons attributable to the Customer, the Customer may be charged a fee to have the products re- delivered at a new delivery time/date, as arranged by the Seller and the Customer.
6. If the Seller is unable to contact the Customer after making reasonable attempts to arrange delivery, the Seller may notify the Customer of a 30-calendar-day notice period within which delivery will be attempted. Subject to the right to cancel the purchase according to Article 5, below, if the Customer fails to take delivery within the notice period the Seller may terminate the sale contract and may charge the Customer the costs of delivery and claim additional damages, if any.
7. If goods are delivered to you with obvious transport damage, we ask you to contact the delivery service and ourselves immediately. This serves to support our claims against the delivery service or to assert them to the insurance company. Failure to make a complaint or contact the delivery service or our customer service has no consequences for the statutory warranty claims of consumers.
8. We can add “free products” to your order on a voluntary basis. You are not entitled to free products. If you cancel the contract, the free products must also be returned with your order.

Article 5

Return right

1. The Customer has the right to withdraw from this contract within 14 (fourteen) calendar days after receiving the products without giving any reason, subject to the exceptions listed in Article 5.7. The withdrawal period will expire after 14 (fourteen) calendar days from the day on which the Customer, or a third party -- other than the carrier -- which has been indicated by the Customer, acquires physical possession of the products. To exercise the right of withdrawal, the Customer must give notice to the Seller of its decision to withdraw from this contract by an unequivocal statement (by e-mail to hi@cddjewelry.com). The Customer may fill in and submit the model return form indicated in Annex 1, but  it is not obligatory; the Customer may alternatively submit any other unequivocal statement of its withdrawal from this contract electronically on the Seller’s Website or otherwise. If the Customer exercises this withdrawal option, the Seller will communicate to the Customer an acknowledgement of receipt of such a withdrawal in a durable medium (e.g. by e-mail) without delay. To meet the withdrawal deadline, it is sufficient for the Customer to send its communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

1. If the Customer withdraws from this contract, the Seller shall reimburse the Customer for all payments received, including the costs of delivery (with the exception of the supplementary costs resulting from the Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by the Seller and possible applicable charges, such as customs duties), without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which the Seller is informed of the Customer’s decision to withdraw from this contract. The Seller will carry out such reimbursement using the same means of payment as the Customer used for the initial transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until it has received the products back or the Customer has supplied evidence of having sent back the products, whichever is earlier.
2. The Customer shall send back the products or hand them over to the Seller without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which the Customer communicates its withdrawal from this contract to the Seller. The deadline is met if the Customer sends back the products before the period of 14 (fourteen) calendar days has expired. The Customer will have to bear the direct costs of returning the products.
3. The Customer must return the products in their original state and with the packaging in which they were delivered together with any accessories or instruction manuals. Labels must not be removed. The Customer shall be responsible for any diminished value of the products resulting from the handling other than that necessary to establish the nature, characteristics and functioning of the products. The Seller may refuse to refund products that have deteriorated; been damaged or tampered with; have had their labels removed; or are in a state that clearly indicates that the products have been used other than as permitted by applicable law.
4. Unless the Seller, after receiving notice of the exercise of the right of withdrawal, has offered to pick up the products itself, the risks of damage to or loss of the products during their return is borne by the Customer.
5. Where the sale contract concerns multiple products, the exercise of the right of withdrawal may apply to one or more products purchased.

Exception to the right of withdrawal

• The Customer shall not be entitled to return products falling within any of the following categories products made to the Customer’s specifications or clearly personalized.

Article 6

Characteristics of products

The Seller has undertaken reasonable efforts to ensure that the images of the products on the Website are faithful reproductions of the physical products. Despite the adoption of technical solutions to minimise inaccuracies, however, there may be some discrepancies (e.g. colour resolution) between the images and the products due to technical limitations. The Seller shall not be liable for any inadequacy of the graphic representation of the Seller’s products displayed on the Website arising from such technical limitations.

Article 7

Conformity of products

1. Upon receipt of the products the Customer should check that they correspond to items ordered and their conformity with the contract.
2. All the products displayed for sale on the Website benefit from the legal guarantee of conformity for products pursuant to the applicable consumer protection law. The Seller is liable for any lack of conformity that becomes apparent within 2 (two) years from delivery of the products, or any longer period if provided by the national applicable law pursuant to Article 9 of the GCS.
3. Any complaint for non-conformity must be communicated to the Seller to the following address: Sechshauser Straße 41/28, 1150 Wien with a description of the non-conformity, as soon as possible and in any case within a reasonable time or the time limit provided for by applicable law, if any.

7.5 The Seller shall not be liable for any lack of conformity resulting solely from the lack of relevant updates if upon being informed about the availability of the update the Customer has failed to install it, provided the Seller has provided the relevant update, if any.

Article 8

Privacy and data protection

With regard to data processed in connection with Customer orders, Seller’s privacy and data protection notice is applicable and is available at the following link: https://cddjewelry.com/pages/privacy-policy

Article 9

Applicable law

These General Conditions of Sale are governed by the laws of Austria without prejudice to the protection afforded to the Customer by mandatory applicable law.

Article 10

Dispute resolution

1. A European Platform for Online Dispute resolution is provided for extrajudicial consumer disputes (ODR platform). The ODR platform is accessible at the following link: http://ec.europa.eu/consumers/odr/
2. In case of disputes that may arise in relation to the current GCS the Courts of the Member State where the Customer has its domicile shall be competent, or, at the choice of the Customer, the Courts of the Member State where the Seller is domiciled shall be competent.

10.3 However, if the Seller does not direct its business to the Member State of the Customer’s domicile, the Courts of Austria shall have exclusive jurisdiction.

Article 11

Non-Waiver

Failure by the Seller to solicit compliance by the Customer with the terms provided in the current GCS or any delay by the Seller in taking steps to enforce its rights, shall not be considered as a waiver by the Seller of any such rights or as a tacit amendment of the terms of the GCS and shall not prevent the Seller from enforcing any such rights at a later stage.

Article 12

Liability

We as well as our vicarious agents are not liable for damages due to slight negligence, provided that we have factual justification and the damage did not occur due to a breach of essential contractual obligations.

This does not apply to liability for personal injury and claims under the Product Liability Act. Here, the statutory provisions apply.

Damages incurred should delivery become impossible due to circumstances that we are not responsible for cannot be claimed as long as we can prove that we are not responsible for the hindrances to delivery. We may withdraw from the contract in whole or in part in this circumstance.