Terms and Conditions
This is a translation for your convenience; the German version is legally binding.
1. Scope and seller
These terms and conditions apply to all orders placed in our online shop. Your contractual partner is Himeno Tanaka Nagori, c/o Autorenglück #28603, Albert-Einstein-Straße 47, 02977 Hoyerswerda, Germany, email: nagori.upcycling@gmail.com (further details in the legal notice). Deviating terms of the customer do not apply.
2. Our items
We sell pre-owned vintage and antique jewellery. Every piece is one of a kind and exists only once. We describe age, condition and any signs of use or age in each item description as accurately as possible; the photos show the actual item sold.
3. Conclusion of the contract
The presentation of items in the shop is not a legally binding offer but an invitation to place an order. You add items to the cart, enter your address and choose a payment method. On the order overview you can check all details and correct input errors. By clicking the order button you submit a binding offer to buy the items in your cart. The contract of sale is concluded when you successfully complete the subsequent payment process via PayPal (also when paying by card, Apple Pay or Google Pay). You will then receive the order confirmation by email.
As every piece exists only once, an item may in rare cases already be sold when orders are placed at the same time. In that case we will inform you without delay and refund any payments in full.
4. Contract language and contract text
Contracts can be concluded in German, English or Japanese. In the event of discrepancies between the language versions of these terms, the German version prevails. We store the contract text and send you the order details with the order confirmation. If you have a customer account, you can view your orders there.
5. Prices and shipping costs
All prices are final prices. As a small business under § 19 of the German VAT Act, we do not charge or show VAT. Shipping costs are added as stated on the “Shipping & payment” page and before you complete your order. For deliveries outside the EU, customs duties, import taxes and carrier fees may apply and are paid by the recipient.
6. Payment
Payment is made via PayPal (PayPal, credit or debit card, Apple Pay, Google Pay). The purchase price is due when the contract is concluded and is charged when you complete your order.
7. Delivery
We deliver to the countries listed on the “Shipping & payment” page. Delivery times are stated there and with each item. We ship after receiving payment.
8. Retention of title
The goods remain our property until paid in full.
9. Right of withdrawal
Consumers have a statutory right of withdrawal. Details can be found in our withdrawal policy. You can also declare your withdrawal using the “Revoke a contract” button at the bottom of every page.
10. Warranty
The statutory warranty rights apply. Please report obvious transport damage to the carrier if possible and let us know; this does not affect your statutory rights.
11. Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act. In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.
12. Dispute resolution
We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
13. Applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection of mandatory provisions of the law of the country of their habitual residence.