Terms of service
1. Scope and Provider
These Terms of Service (“Terms”) apply to all contracts concluded between you as a consumer and:
ZVC GmbH
trading under the brand “Cléamoi Jewelry”
Museumstraße 2–6
28195 Bremen
Germany
via our online store.
These Terms apply in addition to all policies published on our website (e.g., Privacy Policy, Shipping & Returns, Cancellation Policy, Legal Notice/Impressum).
By using our online store and purchasing our products, you agree to these Terms.
These Terms apply in particular to consumers under Art. 2(1) of Directive 2011/83/EU and § 13 BGB.
2. Access, Customer Account, and Responsibilities
You confirm that you are of legal age and legally capable of entering into contracts. Use by minors is only permitted with consent of a parent or legal guardian.
To use the store or place an order, you may be required to enter personal details (e.g., name, address, payment information). You guarantee that the information you provide is accurate and complete.
You are responsible for the confidentiality of your account credentials and must not share them with third parties.
3. Product Presentation and Description
We aim to present our products as accurately as possible. However, colors, textures, and materials may vary depending on your device, display settings, and lighting.
Natural variations (e.g., gemstone hues, metal textures) are not defects.
All product details, prices, and availability information may change at any time without notice.
We reserve the right to discontinue products or restrict sales by region or individual customers.
4. Formation of Contract
4.1 Order Process
Items can be added to the cart without obligation and reviewed before placing an order.
By clicking “Buy Now”, “Complete Order”, or a similar button, you submit a binding offer to purchase.
4.2 Order Confirmation
After placing your order, you will receive an automated confirmation email. This acknowledgment does not constitute acceptance of your offer.
4.3 Acceptance
A binding contract is formed only when we explicitly accept your offer, such as by:
• Sending a separate order confirmation, or
• Dispatching the goods.
4.4 Product Availability
If a product becomes unavailable after contract formation, we will inform you immediately and refund any payments made.
4.5 Private Use
You confirm that you are purchasing the products for private use only and not for resale or export.
5. Prices, Taxes, and Payment
Unless otherwise stated, all prices include:
• VAT for EU shipments
• Exclude shipping costs, customs duties, and import fees
The price applicable is the one shown at the time of order.
By providing your payment details, you confirm that:
• You are authorized to use the payment method
• Your information is correct
• Your payment provider will process the transaction
• You will pay all charges, taxes, and fees
6. Shipping, Delivery, Transfer of Risk & Retention of Title
6.1 Delivery Times
Delivery times provided are estimates and may vary due to carrier delays, customs processing, or force majeure.
6.2 Transfer of Risk (EU Consumer Law)
For consumers in the EU, risk transfers only when you take physical possession of the goods (§§ 446, 447 BGB).
6.3 Retention of Title
All goods remain the property of ZVC GmbH until payment is made in full.
7. Right of Withdrawal for EU Consumers
Consumers within the European Union have a statutory 14-day right of withdrawal in accordance with Directive 2011/83/EU and §§ 312g, 355 of the German Civil Code (BGB), unless a legal exception applies (for example, personalized or custom-made jewelry).
The full Withdrawal Policy – including
• the withdrawal period,
• how to exercise the right of withdrawal,
• return shipping obligations,
• effects of withdrawal, and
• the model withdrawal form –
is provided on our Shipping, Returns & Cancellation Policy page and forms an integral part of these Terms of Service.
This statutory right of withdrawal exists in addition to our own Return & Refund Policy.
8. Legal Warranty (Defects Liability)
Your statutory warranty rights under §§ 434 ff. BGB apply.
In case of defects, you may request:
• Repair or replacement (Nacherfüllung)
• Price reduction or contract cancellation if repair is unsuccessful
Wear caused by improper use or external influences is not considered a defect.
9. Intellectual Property
All content on the store (texts, images, designs, layouts, trademarks including “Cléamoi Jewelry”) is owned by ZVC GmbH or licensors and is protected under copyright and trademark law.
Personal, non-commercial use is permitted.
Any further use (copying, distribution, resale, public display) is prohibited unless legally allowed.
10. Third-Party Tools
We may provide access to third-party tools we do not control.
These tools are provided “as is” and “as available”. Use is at your own risk and subject to the third-party provider’s terms.
11. Third-Party Links
Our Services may contain links to external websites. We assume no responsibility for their content, accuracy, or privacy practices.
Use of third-party websites is at your own risk.
12. Relationship with Shopify
Our store is technically operated by Shopify.
All purchase contracts are concluded solely between you and ZVC GmbH.
Shopify is not a contractual party and is not liable for products or transactions.
13. Privacy
The processing of personal data is governed by our Privacy Policy and Shopify’s Privacy Policy, as integrated into the platform.
14. Feedback
By submitting feedback or content, you grant us a non-exclusive, transferable, royalty-free license to use it to the extent legally permitted.
You confirm that you own all rights and do not infringe third-party rights.
15. Errors, Mistakes, and Modifications
Occasional errors in product descriptions, pricing, or availability may occur.
We reserve the right to correct such information or cancel orders if legally permissible.
Consumer rights remain unaffected.
16. Prohibited Conduct
You may not use the shop for:
• Illegal purposes
• Violations of third-party rights
• Distribution of malware
• Interference with security features
• Fraudulent or misleading activities
We may suspend or terminate access in case of violations.
17. Termination
We may terminate access to the shop where there is legitimate reason (e.g., violation of Terms).
Rights and obligations already incurred remain unaffected.
18. Disclaimer of Warranties
Information in the store is for general purposes only.
We do not guarantee accuracy or completeness unless required by law.
Mandatory consumer protection rights remain unaffected.
19. Limitation of Liability
We are fully liable for:
• Intent and gross negligence
• Injury to life, body, or health
• Product liability claims
• Accepted guarantees
For slight negligence, we are liable only for breaches of essential contractual duties, limited to foreseeable damages.
These limitations apply equally to our employees and agents.
20. Indemnification (Businesses Only)
If you use the shop as a business customer (not as a consumer), you agree to indemnify ZVC GmbH against third-party claims arising from unlawful use, to the extent permitted by law.
21. Severability
If any provision is invalid, the remaining Terms remain enforceable.
Statutory provisions apply in place of invalid clauses.
22. Governing Law & Jurisdiction
German law applies, excluding the UN Sales Law (CISG).
For consumers in the EU, mandatory consumer protection rights of your residence country apply.
For business customers, exclusive jurisdiction is Bremen, Germany.
Online Dispute Resolution (EU)
EU ODR Platform:
https://ec.europa.eu/consumers/odr/
We are not obligated or willing to participate in dispute resolution before a consumer arbitration board.
23. Changes to the Terms
We may update these Terms.
Material changes will be communicated as required by law.
Continued use after changes constitutes acceptance.
24. Contact
ZVC GmbH – Cléamoi Jewelry
Museumstraße 2–6
28195 Bremen
Germany
Email: hello@cleamoijewelry.com
Phone: +49 160 1438164