General Terms of Business of Bling My Thing GmbH (BMT)

I. Validity of the General Terms of Business (GTB)

These general terms of business (GTB) form part of the agreement between Bling My Thing GmbH (BMT, us) and you as our customer (Customer, you). They apply subject to individual understandings and arrangements, which shall have priority over these GTB.

No other GTB will be accepted by BMT and consequently will not form any part of this agreement; this also applies in particular to such GTB whose content extends beyond the scope of these GTB.

II. Contractual partner

Your contractual partner is

III. Subject and purpose of this agreement; condition of the subject of this agreement; customer’s duty to cooperate

1. Subject of the Agreement

The subject of the agreement consists of the products, performance of work and services provided by BMT as specified within the framework of the ordering process and named in the (electronic or written) confirmation of the order, at the final prices stated therein (inclusive of statutory value-added tax, cost of post and packing, and other components of the price).

The decoration of the products, such as mobile telephones, PDAs, games consoles, MP3 players and other small electronic devices shall be in the form of small pieces of jewellery, in particular small crystals, e.g. CRYSTALLIZED (TM) - Swarovski Elements, permanently attached by adhesive to cover much of the surface of these products, which are supplied by customers or provided by BMT.

2. Condition of the subject of the agreement

The method of decoration described above can result in individual stones breaking off, especially at certain exposed places such as corners, edges and projecting parts (e.g. antennae, certain keys) if the decorated product is subjected to considerable mechanical stress, for example if it falls onto or strikes hard surfaces or objects. It is in the nature of the products and work provided by BMT that the decorated surfaces thereby produced are less resistant to impact or shock or other substantial mechanical stresses than the original surface of the product purchased or supplied for subsequent decoration.

Decoration of the products by BMT may possibly lead to the termination or invalidity of guarantees by the respective manufacturer of that product.

The decoration of products by BMT can also lead to slight functional impairments (e.g. reduced transmitting and receiving performance, attenuated ring tone volume, restricted accessibility and operability of control elements, reduced surface heat dissipation) compared with similar, non-decorated products.

These limitations form part of the agreed condition of the products and work provided by BMT and do not represent a defect or any other defective performance on the part of BMT.

3. These items are not toys

The products decorated by BMT are not toys and are unsuitable for children of any age. In particular the possibility cannot be ruled out that small pieces of the decorated surface may break off when the items are handled by children, who could swallow them.

4. Illustrations, especially on the BMT website

For technical reasons the illustrations or our products and the work performed, as shown on our website, together with other such illustrations, can only provide an approximate representation. In particular colours may differ considerably from those of the actual items, which may also be due to the individual settings of the customer’s computer and monitor, and, because of the use of crystals for decoration, to the particular lighting (daylight, artificial lighting etc.).

Such deviations do not constitute defects in the products or the work performed.

5. The customer’s duty to cooperate

If BMT receives an order to decorate the customer’s products, the customer shall, at his own expense and risk, dispatch the product(s) to be decorated to BMT at the following address:

or make them available at this address during the business hours of BMT. BMT recommends taking out adequate insurance cover for the consignment.

The customer gives an undertaking not to obstruct the activities of BMT and, if necessary, to cooperate with BMT in discharging the agreement.

IV. Conclusion of the agreement; language used for the agreement

1. Conclusion of the agreement

The product presentations on the BMT web page (www.bling-my-thing.com) and in our shops only represent a non-binding invitation to customers to submit an offer to purchase.

The agreement between BMT and the customer is effected by the submission of a binding offer for one or more products and/or work performances from BMT (order) by the customer, and the acceptance of such an order by BMT (acknowledgement of the order). This may also take the form of an electronic transaction via the BMT web page at www.bling-my-thing.com or by e-mail.

BMT will confirm the customer’s order without delay and by electronic means (confirmation of the order). This does yet not represent acceptance of the order.

The customer’s order will be examined without delay by BMT, who will notify the customer whether the order has been accepted. The order shall be deemed as rejected if it is not accepted by BMT within a period of 10 calendar days. Acceptance by BMT can be by electronic confirmation of the order (e-mail), verbally or by delivery of the subject of the agreement.

2. Technical stages in the conclusion of the agreement; correction of input errors

Orders per email:

(1) customer is provided a consultation per telephone/email
(2) customer decide on design
(3) we will issue an invoice with Design description. Email confirmation will be sent to customer. (here the customer can still make any correction regarding the description.
(4) Customer sends us the object & pay the total amount per wire transfer or PayPal
(5) the object will be crystallised within 5 working days
(6) Crystallised object is to be sent back to customer per UPS as insured parcel after the payment is made.

Online Shop order:

(1) put the item in shopping cart
(2) click on “OK”
(3) go to the Checkout
(4) choose the shipping cost
(5) choose the payment method
(6) customer confirms the order by reading through a summary of orders made and agrees to our terms and conditions (“AGB”)
(7) provide a delivery address
(8) Send an order form (final confirmation of the order)

 

3. Storage of the text of the agreement

We use electronic means to store and archive the agreement concluded with you, including these GTB, for a period of 2 years. During this time we shall, on request, send you an electronic copy of the agreement, including all the conditions pertaining to the agreement, and the GTB.

You can also print out and store the electronic confirmation of the order and, if applicable, our electronic statement of acceptance, which in each case contains all the conditions pertaining to the agreement, and includes these GTB.

4. Language used for the agreement

German shall be the only language used for this agreement. If BMT also make these GTB or other contractual conditions available in another language, in the event of alterations to the content, only the German text version of the GTB and contractual conditions shall be applicable.

V. Right of cancellation

The following right of cancellation applies only to consumers (provided that they are natural persons and are not acquiring our products and/or our services for the purposes of their own commercial or independent professional activities).

The right of cancellation does not apply to contractual statements about orders for decoration, instructing us to specifically customize products in accordance with your own personal requirements (e.g. if we are asked to provide a mobile telephone with your corporate logo or your personal initials or if we implement your own design).

Moreover no right of cancellation exists if you have purchased the product and/or performance of work in our shop.

1. Your cancellation rights:

You may cancel your contractual statement within two weeks without stating any reasons, using the text form (e.g. by letter, fax, e-mail) or by returning the item.

This period commences at the earliest on the day following receipt of this advice in text form or the ordered items themselves, or all the contractual conditions (including our GTB) and other statutorily provided information in text form or, at the earliest, when the agreement between you and ourselves is concluded, according to which of the aforementioned events has occurred most recently.

It is sufficient to dispatch the cancellation or the item promptly in order to comply with the specified cancellation period.

The cancellation should be addressed to:

2. Consequences of cancellation:

In the event of an effective cancellation anything that has been received by either party in performance of the agreement shall be restored (and, if applicable, any benefits obtained, e.g. interest, shall be surrendered). If you are unable to restore to us anything received in performance of the agreement in its entirety, or if you are only able to restore it in part, or in a worse condition, you shall be obliged to provide us with compensation for lost value, if applicable.

If items have been assigned, this shall not apply if the worsening in the condition of the item is attributable solely to its examination, as might occur in a shop. In other respects you can avoid the obligation to provide compensation for lost value by not treating the item as if it were your own property and by avoiding anything that would detract from its value.

Items which can be dispatched as a package should be sent back in such packaging.

You are requested – although this is not a prerequisite for the exercise of your right of cancellation – to use the product and transport packaging supplied by us, or to package the product in some other suitable way. We also recommend that a receipt be obtained from the company appointed for the return transport of the item. This receipt should be retained in a safe place.

You shall be required to meet the costs of returning the item if the goods supplied correspond to those ordered and if the price of the item being returned does not exceed 40 euros, or, if the price of the item is higher, you have not paid the necessary consideration or made a contractually agreed part-payment. In all other cases you will not incur any costs in returning the item. Goods which cannot be packaged will be collected from you.

You must meet any obligations for the reimbursement of payments with 30 days of the dispatch of your cancellation statement.

3. Miscellaneous:

If the subject of the agreement consists in part or in its entirety of a service, your cancellation rights are terminated prematurely if we, with your express approval, have already commenced to provide the service before the end of the cancellation period, or if this has been arranged by you.

If this agreement has been financed by means of a loan and you cancel the finance agreement, you are no longer bound by the loan agreement if both of these agreements form single economic entity. This can be assumed in particular if we are at the same time the providers of your loan or if your lender makes use of our involvement with regard to the financing arrangement. If we have already received the loan at the time that the cancellation or return takes effect, you can apply not only to us regarding the arrangements for its return but also to your lender. The latter shall not apply if such an agreement is intended for the purchase of securities, foreign exchange, derivatives or precious metals.

*** End of the information about cancellation ***

VI. Prices; delivery; liens for the performance of work; retention of title

1. Prices

The prices quoted on the BMT web page www.bling-my-thing.com are final prices and include statutory value-added tax. The dispatch costs that are also shown on the BMT web page will be added to these prices.

For items made to customers’ specifications the price shall be determined in accordance with a cost estimate prepared by BMT prior to the conclusion of the agreement.

The currency shall be the euro (EUR).

2. Delivery

Delivery shall be made by insured dispatch to the address supplied to BMT by the customer.

3. Lien and rights of exploitation in the case of orders for decoration (performance of work)

On account of the claims arising in connection with the decoration of the customer's items (wages for the work performed plus value-added tax, dispatch costs) BMT holds a lien on the customer’s items that have come into its possession as a result of the order to decorate these items.

If, after having been given two demands for payment, the customer fails to pay the wages due for the work performed within a period of 14 days following the last demand for payment, BMT may give the customer notice in text form of the sale of the item held as security (notice of sale) and to sell by private treaty the item held as security within the next 14 days following the notice of sale, but not within 2 months of the due date of the demand for payment for the work, to cover the costs of the claim for work performed. The proceeds from the sale will be offset against the outstanding claim by BMT for the work performed. If the proceeds exceed the amount of the claim this excess will be distributed to the customer.

4. Retention of title

The products supplied by BMT remain its property until payment has been made in full.

VII. Warranty and limitation

1. Agreed condition

It is in the nature of the products and work performed by BMT that the decorated surfaces thereby produced are less resistant to impact or shock or other substantial mechanical stresses than the original surface of the product purchased or supplied for subsequent decoration. Moreover decoration of the products by BMT may possibly lead to the termination or invalidity of the product warranty provided by the respective manufacturer of that product. Furthermore the decoration may cause minor functional impairments compared with similar, undecorated products. Finally, the appearance of the colours of the decorated surfaces may vary, especially when they are exposed to different light sources, and may deviate from illustrations, particularly those on the internet (for all these aspects see above, III).

These limitations form part of the agreed condition of the products and work performed by BMT and do not represent a defect or any other defective performance on the part of BMT.

2. Restriction and limitation of liability for damages

The liability for damages on the part of BMT and its employees is restricted/is limited

• to the customary, foreseeable damage at the time the agreement is concluded and
  
• to 1 year following delivery of the product or acceptance of the work performed.

However, none of this applies in the case of damages arising from mortal or phsyical injury or impairment to health and/or the violation of cardinal duties/essential contractual obligations and/or in cases of wilful intent or gross negligence on the part of BMT or its employees. In all such cases the statutory liability for damages applies.

3. Warranty restrictions in the case of the performance of work

The following restrictions on liability apply in the case of work performed by BMT (decoration of customers’ products):

• The customer is required to accept the decoration/work performed within 14 calendar days following receipt of the product or to reject it if defects exist which are not merely of a minor nature. Upon expiry of this period the work performed shall be deemed to have been accepted, provided that BMT has advised the customer at the commencement of this period about the significance of allowing this deadline to expire. This does not affect claims by the customer under warranty for defects.
  
• The customer’s right to rectify the defects himself in accordance with §§ 634 Nr. 2, 637 BGB is precluded. However, if the customer does rectify the defect himself he is not entitled to claim damages for the costs and expenses thereby incurred.
  
• Exercising claims for damages for defective performance of work or other inadequate performance of the work is limited to 1 year following acceptance of the particular performance of work; this does not apply to damages arising from mortal or physical injury or impairment of health or to damages arising from the violation of cardinal duties/essential contractual obligations.

In all other respects the statutory warranty, liability and limitation regulations and periods apply.

4. Investigation and notification of defects

BMT requests that it should be notified as soon as possible about any transport damage or other directly and externally visible damage to products dispatched to the customer. However, this is not a prerequisite for warranty claims and claims for damages by the customer.

Notwithstanding the above, customers who are registered merchants and for whom this agreement constitutes a commercial transaction have a duty to examine and give notification of defects in accordance with § 377 HGB, subject to the proviso that, even in the case of work performed by BMT (decoration of products supplied by the customer), in accordance with § 377 HGB such decorated products shall be examined within the period specified by § 377 HGB and notification of defects should be given accordingly. Failing this the work performed shall be considered to have been approved.

VIII. Copyrights/Rights of utilization

All copyrights, registered designs and other ancillary copyrights to the designs, drafts and other forms created by BMT shall remain with BMT. In particular these may not be used for commercial or industrial purposes, in any form or manner.

Furthermore the instructions supplied by BMT for the decoration of products by the customer may only be used for the customer's own private purposes and not for any commercial or industrial purposes.

BMT reserves the right to photograph the items it has decorated, and to make any other analogue and/or digital records or images of them, to reproduce or distribute them or exploit them in any other way, as well as to present and/or make them accessible, in particular for advertising purposes.
BMT constantly endeavours to respect the copyrights of others and to make use of work that it has produced itself or which is not licensed. The content and work placed on our website enjoys the protection afforded by copyright and by other laws intended to safeguard intellectual property. Contributions by third parties are marked as such. Any reproduction, distribution and any kind of exploitation that is not covered by copyright requires the written approval of the respective originator. Downloads and copies of our web pages are only permitted for private, non-commercial use.

IX. Data protection

We only collect, process and use personal data submitted by you on our order form in the course of dealing with your order, and only to enable us to execute your order.
The data that you submit in the course of the ordering process will also be stored on your computer in a so-called cookie (if you have set up this functionality in your browser). When you next visit our website this cookie will be activated, thereby avoiding the need to re-enter your data when placing an order.
In all other respects we only record, process and use your personal data if you have given your express prior approval for us to do so. This approval can be withdrawn at any time by applying to

We will not pass on your personal details, including your home address and e-mail address, to third persons without your express approval, which can be withdrawn at any time. This does not apply to our service partners, whom we use to process your order (in particular the mail order firms and the financial institution appointed to process the payment), which require certain data (e.g. your address).
If you apply to the specified address we will inform you about the data that we hold about you.

X. Applicable law; legal venue

All disputes arising out of this legal relationship are subject to the law of the Federal Republic of Germany; the UN Convention on Contracts for the Sale of Goods is not applicable.

If, when bringing an action, the customer does not have a domicile or ordinary place of residency in Germany, and does not have a general place of jurisdiction, and if the party placing the order is a registered merchant and is acting in this capacity, Berlin shall be the agreed place of jurisdiction.

In all other respects, in particular in the case of actions by or against consumers whose domicile, usual place of residence or general place of jurisdiction is within Germany, the lawful places of jurisdiction shall apply.

XI. Severability clause

If any provision in these GTB or in the agreement between BMT and the customer should be or becomes ineffective, these GTB and the agreement shall in all other respects be unaffected.

The invalid provision should be replaced by one that is effective and most accurately fulfils the economic purpose of the invalid provision.

 

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