{"id":12139,"date":"2022-01-29T05:53:58","date_gmt":"2022-01-29T04:53:58","guid":{"rendered":"https:\/\/roland-auer.com\/?page_id=12139"},"modified":"2026-08-27T08:22:16","modified_gmt":"2026-08-27T06:22:16","slug":"terms-and-conditions","status":"publish","type":"page","link":"https:\/\/roland-auer.com\/en\/terms-and-conditions\/","title":{"rendered":"Terms and Conditions"},"content":{"rendered":"\n

Note (not legal advice).<\/strong> This is a courtesy English translation of our German Allgemeine Gesch\u00e4ftsbedingungen (AGB), reviewed by legal counsel. Only the German version is legally binding<\/strong> (see clause 2(5) below: German is the exclusive contract language). In case of any discrepancy between this translation and the German original, the German version prevails.<\/p>\n\n\n\n

\n\n\n\n

Terms and Conditions<\/a><\/h1>\n\n\n\n

Section 1 Scope, Contracting Party<\/a><\/h2>\n\n\n\n
    \n
  1. These Terms and Conditions apply to all orders placed through the online shop at www.roland-auer.com\/shop\/ (the \u201cShop\u201d).<\/li>\n\n\n\n
  2. The contracting party is:

    Roland Auer, Goldsmith
    Am Teich 12\/6
    2331 V\u00f6sendorf, Austria
    Email: info@roland-auer.com
    Phone: +43 699 1151 2331
    VAT ID: ATU 41886704
    (hereinafter the \u201cSeller\u201d or \u201cwe\u201d).<\/li>\n<\/ol>\n\n\n\n
      \n
    1. These Terms and Conditions apply to both consumers and business customers, except where a distinction is made below. A consumer is any natural person entering into a transaction for a purpose that is predominantly outside their trade, business, craft, or profession. A business customer (\u201cUnternehmer\u201d) is any natural or legal person acting in the exercise of their trade, business, craft, or profession when entering into the transaction.<\/li>\n\n\n\n
    2. The version of these Terms and Conditions in force at the time the contract is concluded shall apply.<\/li>\n<\/ol>\n\n\n\n

      Section 2 Conclusion of Contract<\/a><\/h2>\n\n\n\n
        \n
      1. The presentation of products in the Shop does not constitute a legally binding offer, but a non-binding invitation to the customer to submit an offer (invitatio ad offerendum).<\/li>\n\n\n\n
      2. During the ordering process, the desired goods can first be placed in the shopping cart. There, the desired quantity can be changed or selected items edited. Customer details can then be entered and the shipping and payment method selected. Finally, a summary page is provided on which the details can be reviewed, input errors corrected, or entries edited. If the customer wishes to cancel the ordering process, the browser window can simply be closed. By clicking the \u201cBuy\u201d\/\u201cOrder with obligation to pay\u201d button (or the label actually used at checkout), the customer submits a binding offer to conclude a purchase contract for the goods contained in the shopping cart.<\/li>\n\n\n\n
      3. As each piece of jewelry is a one-of-a-kind item, it is possible that a piece already shown in the Shop has since been sold. We will confirm receipt of the order without delay by email (acknowledgment of receipt); this does not yet constitute acceptance of the contract. The purchase contract is only concluded once we accept the order, either through a separate order confirmation by email or by shipping the goods. If the ordered piece is no longer available, we will inform the customer without delay; any payments already made will be refunded promptly.<\/li>\n\n\n\n
      4. We store the text of the contract. Order details are sent to the customer by email together with the order confirmation.<\/li>\n\n\n\n
      5. The only language available for concluding the contract is German.<\/li>\n<\/ol>\n\n\n\n

        Section 3 Prices and Shipping Costs<\/a><\/h2>\n\n\n\n
          \n
        1. The prices stated on the product pages are final prices and include statutory VAT.<\/li>\n\n\n\n
        2. The Seller bears the shipping costs for delivery to the customer; these are not charged separately to the customer.<\/li>\n\n\n\n
        3. For deliveries to countries outside the EU, additional customs duties, taxes, or fees may apply, which are neither charged nor controlled by us. These are borne by the customer.<\/li>\n<\/ol>\n\n\n\n

          Section 4 Payment Terms<\/a><\/h2>\n\n\n\n
            \n
          1. Payment can be made by:<\/li>\n\n\n\n
          2. PayPal (payment processing via PayPal (Europe) S.\u00e0 r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg)<\/li>\n\n\n\n
          3. Credit card (payment processing via WooPayments\/Stripe)<\/li>\n\n\n\n
          4. Payment is due immediately upon conclusion of the contract, unless otherwise agreed.<\/li>\n<\/ol>\n\n\n\n

            Section 5 Delivery, Shipping<\/a><\/h2>\n\n\n\n
              \n
            1. We ship worldwide, provided no delivery restrictions apply to the destination country.<\/li>\n\n\n\n
            2. Delivery times are calculated from the time of order confirmation, subject to prior payment of the purchase price. Unless no delivery time, or a different delivery time, is stated for the respective item, delivery will take place within 7 days at the latest. For custom-made items or individual modifications (see Section 9), processing and delivery times may be longer; we will inform the customer separately in such cases.<\/li>\n\n\n\n
            3. Shipping is carried out via our shipping partner GoRocket GmbH & Co KG, which automatically routes shipments to the delivery services FedEx or DHL depending on the destination. Goods are securely packaged and shipped with tracking. Upon shipment, the customer receives a notification with the relevant shipment information.<\/li>\n\n\n\n
            4. The risk of accidental loss or accidental deterioration of the goods passes to consumers only upon handover of the goods to the customer; for business customers, risk passes already upon handover to the carrier.<\/li>\n<\/ol>\n\n\n\n

              Section 6 Retention of Title<\/a><\/h2>\n\n\n\n

              The delivered goods remain our property until paid in full.<\/p>\n\n\n\n

              Section 7 Right of Withdrawal for Consumers<\/a><\/h2>\n\n\n\n

              This section applies exclusively to consumer transactions. Consumers have a statutory right of withdrawal. Details are set out in the separate Right of Withdrawal Notice, which is provided to the customer prior to conclusion of the contract and is attached to these Terms and Conditions as an annex.<\/p>\n\n\n\n

              Section 8 Warranty<\/a><\/h2>\n\n\n\n
                \n
              1. Statutory warranty rights apply. For consumers, the warranty period is two years from delivery of the goods.<\/li>\n\n\n\n
              2. In the case of a justified defect, the customer is first entitled to repair or replacement. If this fails or is disproportionate for us, the customer may demand a price reduction or, in the case of non-minor defects, rescission of the contract. In the case of a justified warranty claim, we bear the cost of return shipping; upon request, we will arrange collection through our shipping partner GoRocket.<\/li>\n\n\n\n
              3. For business customers: obvious defects must be reported without delay, and at the latest within 14 days of receipt of the goods, in writing (Section 377 of the Austrian Commercial Code, UGB); otherwise the goods shall be deemed accepted.<\/li>\n<\/ol>\n\n\n\n

                Section 9 Individual Modifications and Custom-Made Items \u2013 Special Provisions for Consumers<\/a><\/h2>\n\n\n\n
                  \n
                1. All pieces of jewelry offered in the Shop are one-of-a-kind items that are already finished and genuinely available. The statutory right of withdrawal under the separate Right of Withdrawal Notice applies without restriction to the purchase of these items in their original condition.<\/li>\n\n\n\n
                2. If the customer commissions us to make an individual modification to a piece (e.g., a ring size adjustment), the customer thereby generally loses the ability to return the piece or withdraw from the contract regarding it. This is because the piece becomes tailored to the customer\u2019s personal needs through the modification, and the right of withdrawal for custom-made or altered goods is excluded under Section 18(1)(3) of the Austrian Distance and Off-Premises Contracts Act (FAGG).<\/li>\n\n\n\n
                3. The specific effect of a requested modification on the right of withdrawal will be discussed individually with the customer before the modification is carried out. We reserve the right, at our sole discretion, to nonetheless allow a return as a goodwill gesture in individual cases for minor modifications (e.g., a small ring size adjustment). The customer has no entitlement to this; a goodwill gesture granted in one case does not create an entitlement to equal treatment in future cases.<\/li>\n\n\n\n
                4. Before carrying out an individual modification, we will obtain the customer\u2019s explicit confirmation in text form. We use the following wording for this purpose:<\/li>\n<\/ol>\n\n\n\n

                  \u201cI hereby commission the following individual modification to the piece of jewelry I purchased: [description of modification]. I am aware that this individual modification will tailor the piece to my personal needs, and that I will thereby lose my statutory right of withdrawal for this piece under Section 18(1)(3) FAGG. A later return is therefore generally excluded. I acknowledge that Roland Auer may, at his sole discretion and in individual cases, nonetheless offer a return as a goodwill gesture, but that there is no entitlement to this.\u201d<\/p>\n\n\n\n

                  We will only carry out the requested modification after receiving this confirmation (e.g., by email reply from the customer or a checkbox during checkout).<\/p>\n\n\n\n

                  Section 10 \u201cShopping with Purpose\u201d \u2013 Time-Limited Campaign with Donation-Based Purchase Option<\/a><\/h2>\n\n\n\n
                    \n
                  1. For a limited period from September 1, 2026 to November 1, 2026, we offer an alternative purchase option in addition to the regular purchase process under Sections 2\u20138 (the \u201cCampaign\u201d). The Campaign is limited to a total order volume of \u20ac20,000 (sum of the sale prices of items purchased under the Campaign) and is only available while this quota has not been exhausted.<\/li>\n\n\n\n
                  2. Process: The customer reserves a piece of jewelry and asks us whether quota is still available under the Campaign. If we confirm availability, we send the customer a written commitment obligating us to send the reserved piece of jewelry once the customer provides proof (a donation confirmation) of having made a donation equal to the purchase price to one of the independent charitable organizations we propose.<\/li>\n\n\n\n
                  3. Upon receipt of the donation confirmation, we ship the piece of jewelry to the customer at no further cost, in accordance with Section 5.<\/li>\n\n\n\n
                  4. Right of withdrawal: For orders placed under this Campaign, the customer has the same right of withdrawal as for a regular purchase through the Shop (see the separate Right of Withdrawal Notice). The reversal of the transaction in the event of withdrawal is governed by paragraph (5).<\/li>\n\n\n\n
                  5. If we receive the goods back as a result of a valid withdrawal, we will inform the customer that they will receive the amount corresponding to their donation back from the respective organization. In this case, repayment is made directly by the organization to the customer.<\/li>\n\n\n\n
                  6. This Campaign is a time-limited promotional measure financed by us. We do not guarantee that a payment made under the Campaign is tax-deductible as a donation for the customer; this is a matter for the customer, or their tax advisor, to assess independently.<\/li>\n<\/ol>\n\n\n\n

                    Section 11 Liability \u2013 Special Provision for Business Customers<\/a><\/h2>\n\n\n\n
                      \n
                    1. The following provisions under Section 11 apply exclusively to business customers and do not apply to consumers. Statutory liability applies without limitation to consumers.<\/li>\n\n\n\n
                    2. Unless otherwise provided elsewhere in these Terms and Conditions, the parties are liable for damages caused through fault. They are not liable for slight negligence. Limitations of liability do not apply to compensation for personal injury. Claims for damages are in any case limited to actual damage suffered, excluding consequential damages, loss of profit, or third-party claims.<\/li>\n\n\n\n
                    3. Claims for damages must be asserted in court within six months of becoming aware of the damage and the party responsible, failing which they shall lapse.<\/li>\n\n\n\n
                    4. The injured party must prove that damage suffered was caused by the fault of the other party. The injured party must also prove that they are not themselves at fault for any damage suffered. This applies to all forms of fault (slight\/gross negligence, intent).<\/li>\n\n\n\n
                    5. The above limitations also apply for the benefit of the Seller\u2019s legal representatives and vicarious agents where claims are brought directly against them.<\/li>\n\n\n\n
                    6. The provisions of the Austrian Product Liability Act remain unaffected.<\/li>\n<\/ol>\n\n\n\n

                      Section 12 Dispute Resolution<\/a><\/h2>\n\n\n\n

                      We participate in dispute resolution proceedings before a consumer arbitration body. The competent body is the Universalschlichtungsstelle des Zentrums f\u00fcr Schlichtung e.V., Stra\u00dfburger Stra\u00dfe 8, 77694 Kehl am Rhein, Germany (https:\/\/www.verbraucher-schlichter.de). We are not obligated, but willing, to participate in such proceedings.<\/p>\n\n\n\n

                      Section 13 Final Provisions<\/a><\/h2>\n\n\n\n
                        \n
                      1. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of their habitual residence.<\/li>\n\n\n\n
                      2. For business customers, the place of jurisdiction for all disputes arising from this contract is the Seller\u2019s place of business.<\/li>\n\n\n\n
                      3. Should individual provisions of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.<\/li>\n<\/ol>\n\n\n\n

                        Version: September 1st<\/sup> 2026<\/p>\n","protected":false},"excerpt":{"rendered":"

                        Note (not legal advice). This is a courtesy English translation of our German Allgemeine Gesch\u00e4ftsbedingungen (AGB), reviewed by legal counsel. Only the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-12139","page","type-page","status-publish","hentry"],"yoast_head":"\nTerms and Conditions - Roland Auer<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/roland-auer.com\/en\/terms-and-conditions\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Terms and Conditions - Roland Auer\" \/>\n<meta property=\"og:description\" content=\"Note (not legal advice). 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