Terms & Conditions

for the VAN TOL online shop · vantol.ch

These Terms and Conditions ("Terms") apply to orders placed through the VAN TOL online shop at vantol.ch. Consumers are additionally subject to the separately provided information on the right of withdrawal and to their statutory consumer rights.

1. Scope and definitions

1.1 These Terms apply to all contracts for the purchase of goods, in particular jewellery and related products, concluded through the VAN TOL online shop between Jonas Leonhard Moser, trading as VAN TOL ("VAN TOL", "we", "us"), and the customer.

1.2 A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed professional activity. An entrepreneur within the meaning of German law is a natural or legal person or a partnership with legal capacity which, when entering into the legal transaction, acts in the exercise of its trade, business or self-employed professional activity.

1.3 Any terms and conditions of the customer that differ from these Terms shall apply only if VAN TOL has expressly agreed to them.

2. Offer and conclusion of contract

2.1 The presentation of products in the online shop does not constitute a legally binding offer by VAN TOL, but an invitation to the customer to place an order.

2.2 The customer may select products, configure them where applicable, and place them in the shopping cart. Before placing the order, the customer can review and correct their information and selected product options using the functions provided in the checkout.

2.3 By clicking the button that completes the order with an obligation to pay, the customer submits a binding offer to conclude a purchase contract for the goods shown in the checkout.

2.4 The contract is concluded when VAN TOL accepts the order by sending an order or purchase confirmation by email. A purely technical acknowledgement which expressly only confirms receipt of the order does not constitute acceptance.

2.5 If a payment cannot be successfully authorised or completed, VAN TOL is not obliged to fulfil the order. Amounts charged in error or only provisionally reserved will be released or refunded in accordance with the rules of the relevant payment service provider.

3. Ordering process, contract text and contract language

3.1 The customer completes the order through the steps provided in the shop: selecting or configuring the product, shopping cart, entering delivery and contact details, selecting a payment method offered in the checkout, reviewing the order summary, and placing the order with an obligation to pay.

3.2 Input errors can be identified and corrected before the order is placed by using the edit and back functions provided in the shopping cart and checkout.

3.3 VAN TOL stores order data in accordance with statutory retention obligations. The customer receives the essential order data and the contractual information applicable at the time the contract is concluded by email. If a customer account is offered and used, additional order information may also be accessible there.

3.4 The contract languages are German and, where offered in the shop, English. If the language versions differ, the German version shall prevail to the extent that mandatory consumer protection law does not provide otherwise.

4. Prices and shipping costs

4.1 The prices displayed in the online shop at the time the order is placed apply.

4.2 VAN TOL currently applies the small-business scheme under Section 19 of the German Value Added Tax Act (UStG). VAT is therefore not shown separately as long as the statutory requirements for this scheme are met.

4.3 Standard shipping to delivery addresses within the European Union is free of charge. If VAN TOL offers additional paid shipping or express options in the future, their costs will be clearly displayed in the checkout before the order is placed.

4.4 For deliveries outside the European Union, these shipping provisions apply only if the relevant destination market has been expressly enabled in the shop and the conditions displayed there so provide.

5. Payment

5.1 The payment methods available for a particular order are displayed to the customer in the checkout. VAN TOL may in particular offer payment methods available through Shopify Payments and other payment service providers integrated into the checkout.

5.2 Unless otherwise stated in the checkout, the purchase price is due immediately upon conclusion of the contract.

5.3 When a payment service provider is used, its additional terms of use and payment terms may apply. The customer's statutory rights against VAN TOL are not affected.

6. Delivery and delivery time

6.1 At the current launch stage, VAN TOL delivers to addresses within the European Union where the relevant country is selectable in the checkout.

6.2 Unless a different delivery time is stated on the relevant product page, delivery usually takes 10 to 20 working days. Working days for the purposes of these Terms are Monday to Friday, excluding public holidays at VAN TOL's place of business.

6.3 The delivery period generally begins on the first working day after conclusion of the contract and successful payment authorisation, or after receipt of payment where the selected payment method provides for later receipt of payment.

6.4 If an order contains several products with different delivery times, the longest stated delivery time applies to a joint delivery unless a partial delivery has been agreed.

6.5 The customer's mandatory statutory rights in the event of delayed delivery remain unaffected.

7. Product configurations, ring sizes and engravings

7.1 For configurable products, the configuration selected by the customer before placing the order and shown in the order summary forms part of the contract. The customer is responsible for checking the selected options - in particular ring size, metal, colour, stone type and, where applicable, engraving text - before placing the order.

7.2 Selecting an incorrect ring size or another standard option chosen by the customer does not in itself constitute a defect. Statutory withdrawal rights for non-personalised goods remain unaffected.

7.3 An individual engraving or another version expressly identified before the order as a customer-specific special order may constitute goods made to the customer's specifications or clearly personalised to the customer's needs.

7.4 VAN TOL generally relies on an exclusion of the statutory right of withdrawal due to personalisation only for goods with an individual engraving or another version expressly identified before the order as a personalised special order. Merely selecting regular standard options offered in the shop - such as ring size, metal colour or stone type - is not treated by VAN TOL as sufficient on its own to exclude the right of withdrawal.

7.5 Statutory rights in respect of defects remain fully applicable to personalised or engraved goods.

8. Right of withdrawal for consumers

8.1 Consumers generally have a statutory right of withdrawal for distance contracts. VAN TOL provides separate information on the requirements, time limits, exercise and consequences of withdrawal.

8.2 The statutory right of withdrawal does not apply, in particular, to contracts for goods that are not prefabricated and for the production of which an individual choice or decision by the consumer is decisive, or which are clearly tailored to the consumer's personal needs, provided the statutory requirements of Section 312g(2) no. 1 of the German Civil Code (BGB) are met.

8.3 Under VAN TOL's current shop setup, this applies in particular to individually engraved products and, where applicable, other products expressly identified before the order as non-returnable personalised special orders.

8.4 The exclusion of the right of withdrawal does not affect the customer's statutory rights in respect of defects.

9. Retention of title

9.1 The delivered goods remain the property of VAN TOL until the purchase price has been paid in full.

10. Product characteristics, product images and customary deviations

10.1 The information on the relevant product page and the configuration confirmed in the checkout determine the agreed characteristics of the goods.

10.2 Representations of colour, shine and proportions may differ slightly from actual perception depending on the screen and device used. Where dimensions, weights or stone measurements are expressly stated as approximate, minor manufacturing tolerances customary in jewellery production are reserved. Agreed or expressly guaranteed characteristics are not restricted by this provision.

10.3 The stone type stated on the product page - in particular Natural Diamond, Lab-Grown Diamond or Moissanite - forms part of the agreed characteristics of the product.

11. Statutory rights in respect of defects and warranty

11.1 The statutory rights in respect of defects apply.

11.2 Customers are asked, where possible, to document obvious transport damage directly with the carrier and to inform VAN TOL at info@vantol.ch. Failure to make such a report does not affect the customer's statutory claims.

11.3 In the event of a justified claim for defects, subsequent performance, withdrawal from the contract, reduction of the price and damages are governed by the statutory provisions. For consumers, the mandatory provisions governing consumer sales apply in particular.

12. Liability

12.1 VAN TOL has unlimited liability for damage caused intentionally or by gross negligence, and for damage arising from injury to life, body or health.

12.2 In the event of a slightly negligent breach of an essential contractual obligation, VAN TOL is liable only for the type of damage that is foreseeable and typical for the contract at the time the contract is concluded. Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.

12.3 The above limitations of liability do not apply where VAN TOL has given a guarantee or fraudulently concealed a defect, nor to claims under the German Product Liability Act or in other cases of mandatory statutory liability.

12.4 To the extent that VAN TOL's liability is excluded or limited, this also applies for the benefit of VAN TOL's legal representatives and vicarious agents.

13. Applicable law

13.1 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

13.2 For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which they have their habitual residence.

14. Jurisdiction for business customers

14.1 If the customer is a merchant, a legal entity under public law or a special fund under public law, Freiburg im Breisgau shall - to the extent permitted by law - be the exclusive place of jurisdiction for all disputes arising out of or in connection with the contractual relationship.

14.2 The statutory rules on jurisdiction apply to consumers.

15. Consumer dispute resolution

15.1 VAN TOL is currently neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.