Terms of service
GENERAL TERMS AND CONDITIONS
- Scope and contracting party
These General Terms and Conditions apply to purchases made through roccopagliara.com by consumers and businesses.
The contracting party and seller is:
Rocco Pagliara UG (haftungsbeschränkt)
Skalitzer Straße 18
10999 Berlin
Germany
Managing Director: Giada Mattert
Email: contact@roccopagliara.com
Phone: +49 176 81398685
Commercial Register: Amtsgericht Charlottenburg, HRB 263484 B
VAT ID: DE413456537
A consumer is a natural person who enters into a legal transaction predominantly for purposes that are neither commercial nor self-employed professional purposes.
A business is a natural or legal person or a partnership with legal capacity acting in the exercise of its commercial or self-employed professional activity.
Individually negotiated agreements, particularly for bespoke commissions, take precedence over these Terms where they conflict.
- Product presentation and conclusion of contract
The presentation of products in the online shop does not constitute a legally binding offer but an invitation to place an order.
You can place selected products in the shopping cart and correct input errors using the editing and removal functions provided before submitting the order.
By clicking the final button indicating an obligation to pay, you submit a binding offer to purchase the goods shown in the order summary.
Receipt of an automated acknowledgment does not by itself constitute acceptance unless it expressly confirms acceptance.
We may accept your offer by sending an express order confirmation, requesting or processing payment, or dispatching the goods, whichever occurs first.
If we do not accept the offer, any payment already received will be reimbursed without undue delay.
The contract text and order details will be sent to you by email. If you have a customer account, order information may also remain accessible there. You can save or print these Terms before placing the order.
- Products and product information
We take reasonable care to describe and display our jewelry accurately.
Screen settings and lighting may affect the appearance of colors. Natural gemstones and handcrafted pieces may show individual variations in color, structure and finish.
Customary minor tolerances in weight, dimensions or carat information do not constitute a defect where they are inherent in the materials or production and remain within the agreed product description.
The specifications stated in the product description and any individually agreed specifications are decisive. Statutory conformity and warranty rights remain unaffected.
- Prices and payment
All prices shown to consumers include the applicable statutory value-added tax.
Delivery within Germany is complimentary unless expressly stated otherwise before the order is submitted.
The payment methods available for a particular order are displayed during checkout. Payment is due in accordance with the selected payment method.
Payment processing may be carried out by Shopify Payments or another payment service provider shown at checkout.
In the event of an obvious pricing or calculation error, we are not obliged to supply the item at the erroneous price.
We will inform you promptly and give you the opportunity to place a new order at the correct price. Any payment already received will be reimbursed if no contract is concluded at the correct price.
- Delivery area and delivery times
We currently deliver exclusively to delivery addresses within Germany.
Unless otherwise stated on the relevant product page, production takes approximately 2 to 4 weeks from conclusion of the contract.
Where advance payment has been agreed, the production period begins when payment is received.
Once production is complete, delivery within Germany generally takes 1 to 3 business days.
If an order contains several items, the delivery time is determined by the item with the longest production time unless partial delivery is agreed or made at no additional cost.
If a material delay occurs, we will inform you without undue delay. Your statutory rights in the event of delayed delivery remain unaffected.
- Made-to-order and bespoke commissions
Standard collection pieces may be produced after an order is placed. Production after ordering alone does not automatically exclude the statutory right of withdrawal.
For bespoke or personalized commissions, the design, materials, stones, measurements, price, estimated production time and any approval stages will be set out in the individual offer or order confirmation.
Production may begin after the agreed payment and, where applicable, approval of the design or specifications.
A deposit may be agreed for an individually negotiated bespoke commission and will be credited against the total purchase price.
The amount, due date and consequences of a cancellation will be stated in the individual agreement.
A deposit is not automatically non-refundable. Mandatory consumer rights and applicable law remain unaffected.
The statutory right of withdrawal may be excluded for non-prefabricated goods made according to an individual consumer choice or clearly tailored to personal requirements.
Any applicable exclusion will be clearly communicated before the order is submitted and in the relevant order documentation.
- Retention of title
The goods remain our property until the purchase price has been paid in full.
- Shipping, transfer of risk and receipt
For consumers, the risk of accidental loss of or damage to the goods passes when the consumer, or a third party designated by the consumer other than the carrier, acquires physical possession of the goods.
If the consumer independently commissions a carrier not offered by us, the statutory exception applies.
Because of the value of the goods, delivery may require personal acceptance or a signature.
Please ensure that the delivery address is accurate and that the parcel can be received safely.
Additional costs actually caused by an incorrect or incomplete address provided by the customer may be charged where legally permissible.
- Right of withdrawal, returns and cancellations
Consumers generally have a statutory 14-day right of withdrawal.
Details concerning the exercise of the right of withdrawal, reimbursement, return shipping costs, the electronic withdrawal function, cancellation requests, the model withdrawal form and applicable exclusions are set out in our Right of Withdrawal, Returns and Refunds Policy.
For eligible orders, cancellation, withdrawal or return requests may be submitted through the customer account or order-status page. The electronic withdrawal function remains available throughout the statutory withdrawal period.
Mandatory statutory rights remain unaffected.
- Statutory rights for defects
The statutory rights relating to defects apply.
For new goods, the statutory limitation period is generally two years from delivery, subject to mandatory law.
No additional commercial guarantee is provided unless a guarantee is expressly identified as such in writing.
Any expressly provided guarantee does not restrict statutory rights.
- Liability
We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, and where we have fraudulently concealed a defect or expressly assumed a guarantee.
In cases of ordinary negligence, we are liable for breach of an essential contractual obligation whose performance is necessary for proper performance of the contract and on whose observance the customer may regularly rely.
In such cases, liability is limited to the foreseeable damage typical for the contract.
Otherwise, liability for ordinary negligence is excluded to the extent permitted by law.
Mandatory consumer rights remain unaffected.
- Intellectual property and permitted use
All website content, including text, photographs, designs, graphics, logos and product names, is protected by applicable intellectual-property law.
Content may be used only for personal, non-commercial purposes unless we have given prior written permission.
Mandatory statutory uses remain unaffected.
- Data protection
Personal data is processed in accordance with our Privacy Policy.
The online shop is hosted by Shopify, which processes data to provide the shop and related services as described in the Privacy Policy and applicable Shopify privacy information.
- Applicable law and jurisdiction
The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law does not deprive them of mandatory protections granted by the law of the country in which they have their habitual residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law, Berlin is the exclusive place of jurisdiction to the extent legally permissible.
No exclusive jurisdiction clause applies to consumers.
- Consumer dispute resolution
We are neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board, unless a legal obligation applies in a specific case.
- Contract languages and corrections
The contract may be concluded in the languages made available in the relevant storefront and checkout.
Before submitting the order, you can identify and correct input errors using the functions provided in the shopping cart and checkout.
- Changes to these Terms
We may update these Terms for future transactions.
The version in effect when an order is placed applies to that order.
Changes do not apply retroactively to an existing contract unless separately agreed or required by law.