NURALEA
Terms and conditions
§ 1 Scope and contracting party
(1) These General Terms and Conditions apply to orders for goods placed through our online shop. The version incorporated into the contract when you place your order applies.
(2) Your contracting party is:
Enes Balanur, trading as NURALEA
Neckersstücken 13
21149 Hamburg
Germany
General enquiries: info@nuralea.com
Customer service and orders: support@nuralea.com
Phone: +49 1590 6386610
Website: https://nuralea.com
(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A business customer is a natural or legal person, or a partnership with legal capacity, acting in the course of their trade, business or profession when entering into the contract.
(4) In dealings with business customers, we object to the incorporation of any differing terms and conditions unless we have expressly agreed to them. Individually agreed terms take precedence over these Terms and Conditions.
(5) The differentiated provisions in §§ 9 and 13 apply to consumers within and outside the European Union or the European Economic Area. References to German legislation explain the legal position insofar as German law applies; they do not constitute a separate choice of law for international consumer contracts. They do not grant statutory consumer rights as additional voluntary rights to all customers worldwide.
§ 2 Products, images and items included
(1) We sell jewellery and the accessories offered in our shop. The characteristics, materials, finishes, sizes and items included are set out in the respective offer and any agreements made. Public statements that are binding under applicable legislation, particularly our advertising, remain binding.
(2) For items described as gold plated, the reference to gold describes the finish and does not mean that the entire item is made of solid gold. Details of the base material and gold carat rating are provided in the respective offer.
(3) Decorations and additional jewellery shown alongside a product are included only if the offer states that they are included. For jewellery sets, the components expressly listed in the offer determine what is included.
(4) An enlarged detail image does not indicate scale. The stated product measurements apply. Differences in colour reproduction on screens do not alter the agreed characteristics of the goods. Statutory rights in respect of defects apply when assessing actual differences in the goods delivered.
§ 3 Ordering and formation of the contract
(1) The presentation of products is an invitation to place an order and does not yet constitute a binding contractual offer by us.
(2) You can select products, add them to your shopping cart and change or remove them there. During checkout, you enter the required information and select an available shipping and payment method. Before submitting a binding order, you can review and correct your details using the editing functions provided.
(3) By activating the final order button, which clearly indicates an obligation to pay, you submit a binding offer to purchase.
(4) We may accept your offer within three calendar days. This period begins on the day after you submit your order and ends at the end of the third calendar day. Acceptance takes place when we expressly accept your offer by email, deliver the goods, or request payment or collect the purchase price after you have placed your order. Whichever event occurs first determines acceptance. A purely technical hold on a payment amount does not yet constitute collection of payment.
(5) An automatic acknowledgement that we have received your order does not, on its own, constitute acceptance. If it also contains an express acceptance or a request for payment, the contract is formed at that point.
(6) Our shop is intended for end customers. Before a contract is formed, we may reject orders, particularly where previously stated quantity limits are exceeded or there are specific indications of commercial resale, identity misuse or misuse of ordering or promotional functions. Quantity limits are stated in the respective offer or during checkout. We will inform you of a rejection without undue delay. If we do not accept your offer within the stated period, you are no longer bound by it.
(7) Once a contract has been formed, we may end it only on the basis of a statutory right or a valid contractual provision, particularly the narrowly defined reservation in § 6(7). Statutory rights to avoid a contract and their statutory consequences remain unaffected. An error in pricing, presentation or availability does not, in itself, entitle us to change or cancel a contract that has already been formed.
§ 4 Contract language and contract documentation
(1) The contract may be concluded in German or English, depending on the language selected during checkout.
(2) You can save or print these Terms and Conditions before placing your order. We store the contract data and will provide you with confirmation of the contract, including its contents and the Terms and Conditions incorporated into it, on a durable medium, such as email, no later than delivery. The full contract text will not be publicly accessible through the shop after the contract has been formed. Please keep the documents sent to you.
(3) Orders are generally processed by email. The required details, particularly your name, delivery address and email address, must be complete and correct. Please correct any apparent errors without undue delay and inform us of changes insofar as this is necessary for processing a contract that has not yet been fully performed. Statutory rules on the receipt of declarations and the burden of proof remain unchanged.
§ 5 Prices, shipping costs and payment
(1) The prices displayed when you place your order apply. For consumers, these are total prices including any applicable value added tax. Any additional shipping costs are stated before you place a binding order. Any express promise of free shipping remains unaffected.
(2) The payment methods displayed during checkout are available. The purchase price is due when the contract is formed, unless a different payment period has been agreed for the selected payment method.
(3) Where advance payment has been agreed, we dispatch the goods after receiving payment. The start of the stated delivery period is determined by the conditions communicated before you placed your order.
(4) If you are in default of payment, we may claim statutory default interest and compensation for losses caused by the default that are recoverable under the law. We do not charge flat rate penalties.
(5) Deliveries to countries outside the European Union may incur additional customs duties, import VAT, other import charges levied in the destination country and customs clearance fees charged by the shipping provider. You bear such costs insofar as this is permitted by law, we informed you before you placed your order of their amount or, if they could not be calculated in advance, of the possibility that they might arise, and agreed with you that you would bear them. Duties and fees already included in the total price, collected during checkout or expressly assumed by us will not be charged to you again. Additional costs caused by errors for which we are responsible will not be passed on to you.
(6) We may change or discontinue our product range, prices and promotions for future orders. There is no entitlement to the continued availability of particular products or prices. Expressly promised promotional periods and the terms of contracts already formed remain binding. A lower price offered later does not create an entitlement to a retrospective price adjustment unless we have promised a corresponding price guarantee.
§ 6 Delivery and unsuccessful delivery attempts
(1) We deliver to the agreed delivery address within the delivery areas offered in the shop. You will be informed of the delivery time and any delivery restrictions before placing your order.
(2) We can accommodate subsequent changes to the delivery address for as long as the shipping process still permits this. The other provisions concerning correct order details are set out in § 4(3).
(3) Partial deliveries are permitted if they are reasonable for you and do not result in any additional shipping costs for you. Where a jewellery set is offered as a single unit, we remain obliged to deliver all the agreed components.
(4) We will inform you of any apparent delivery delays without undue delay. Notification of a delay does not automatically extend the agreed delivery period. Your statutory rights in the event of delayed delivery or non-performance remain in place.
(5) If a delivery fails through your fault, we may claim the necessary, demonstrable additional costs actually incurred as a result, provided the statutory requirements for reimbursement are met. Examples may include an incorrect or incomplete delivery address supplied by you, a missing or incorrect name on the doorbell or letterbox for which you are responsible, a failure through your fault to collect the parcel despite proper notification, or an unjustified refusal to accept delivery, where this causes delivery to fail. Recoverable additional costs may include the necessary return transport and dispatch of the goods again, even if the original shipping was free. We will inform you of the costs of dispatching the goods again before doing so. Mere temporary absence during a delivery attempt or a delivery error by the shipping provider does not, on its own, establish such a claim against you. Statutory claims for reimbursement of additional expenses resulting from a delay in your acceptance of delivery remain unaffected. Where you validly exercise a right of withdrawal, the applicable statutory cost rules and withdrawal policy take precedence and are not restricted by this provision. Where German law on the right of withdrawal applies, merely failing to collect a parcel or refusing delivery does not replace the required clear declaration that you are exercising your right of withdrawal.
(6) The transfer of risk during shipping is governed by the law applicable to the contract. Where German law on consumer sales applies, handing the goods to a shipping provider offered by us does not transfer the shipping risk to you.
(7) If our supplier fails to supply us, we may rescind the affected contract if, at the time we entered into the contract with you, we had already concluded a specific, suitable procurement contract covering the agreed delivery in terms of quantity, characteristics and delivery time, we are not responsible for the failure to supply, and we cannot provide the goods in accordance with the contract even by taking reasonable procurement measures. Mere planning errors, failure to place an order with the supplier or increased purchase prices are not sufficient. We will inform you of the unavailability without undue delay and refund any payments already received for the affected contract without undue delay. Statutory claims remain unaffected.
§ 7 Retention of title
The goods remain our property until the respective purchase price has been paid in full.
§ 8 Promotions, discounts and jewellery sets
(1) Discount promotions and promotional codes issued free of charge are subject to the conditions disclosed before you place your order. These include, in particular, the promotional period, participating products, required order quantities and whether the promotion can be combined with other offers.
(2) Unless the respective promotion or the combination options displayed during checkout provide otherwise, one promotional code issued free of charge may be redeemed per order; multiple such codes cannot be combined. The code must be entered within its validity period before you complete your binding order. There is no entitlement to a retrospective discount for a code that was not used when placing the order, unless we have promised this. Automatically applied discounts do not require a code to be entered.
(3) Promotional codes issued free of charge do not create an entitlement to payment of their discount value in cash or to interest on that value. Redemption limits per person that were communicated in advance must not be circumvented through false information, other people's identities or additional customer accounts. These provisions concerning codes issued free of charge do not apply to purchased gift vouchers and do not limit any statutory refund claims.
(4) For promotions offering free items with the purchase of multiple products, the benefit granted and its allocation to the items are governed by the promotional conditions communicated before the contract was formed. We do not retrospectively change these conditions for orders already completed.
(5) Where a right of withdrawal exists under the applicable law, refunds are governed by the statutory provisions relating to that right and the price actually agreed for the goods concerned, taking into account any discounts granted. A discount amount that was not paid is not additionally refunded. In the event of a permissible partial reversal of a transaction, these Terms and Conditions alone do not provide a basis for retrospectively charging regular individual prices. Paragraphs 5 to 7 do not create a separate right of withdrawal for orders where such a right does not exist by law and has not been promised by us.
(6) If you exercise your right of withdrawal in full for the purchase of a jewellery set offered as a single item, all components of that item must be returned. Statutory rights in respect of individual defective components remain unaffected. Simply ordering several individual items together does not make them an indivisible set.
(7) If you exercise your right of withdrawal for the entire contract, any free gifts received must also be returned insofar as they form part of that contract. No additional cash amount will be refunded for a gift for which no separate price was paid. Statutory rights of withdrawal and rights in respect of defects are not excluded by describing an item as a free item, promotional item or surprise item.
§ 9 Withdrawal and returns for EU, EEA and international customers
(1) Consumers in the EU and EEA: Consumers habitually resident in the European Union or the European Economic Area have a statutory right of withdrawal where the legal requirements are met. The withdrawal period is generally 14 days. Details, the start of the period, exceptions, return shipping costs and the model withdrawal form are set out in the separate withdrawal policy. Paragraphs 2 to 6 explain the statutory right of withdrawal insofar as German law applies to the contract. Any more extensive mandatory rights remain unaffected.
(2) To exercise your right of withdrawal, it is sufficient to send your clear declaration of withdrawal within the statutory withdrawal period. You must then send the goods back without undue delay and no later than 14 days from the day on which you informed us of your withdrawal; sending them before that deadline is sufficient. This does not apply if we have offered to collect the goods. You bear the direct return shipping costs if we properly informed you of this before the contract was formed and you were not promised free returns. Statutory rules on costs in the event of defects remain unaffected.
(3) You must compensate us for any actual loss in value if it results from handling the goods beyond what was necessary to establish their nature, characteristics and functioning, and we properly informed you of your right of withdrawal. We do not charge a flat rate processing or restocking fee. Please package the goods for return so that they are adequately protected against damage during transport. The original packaging is not a prerequisite for exercising the right of withdrawal.
(4) If you validly exercise your right of withdrawal, we may withhold reimbursement until we have received the goods back or you have supplied evidence that you have sent them back, whichever occurs first. This does not apply if we have offered to collect the goods. Otherwise, the statutory refund deadlines apply. We will use the same means of payment for the refund as you used for your payment, unless we expressly agree otherwise and you incur no costs as a result.
(5) We will also refund delivery costs that must be reimbursed by law. If you exercise your right of withdrawal, we are not obliged to refund additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us.
(6) The right of withdrawal is excluded on grounds of personalisation only where the requirements of § 312g(2), point 1 of the German Civil Code (BGB) are met, for example for a personal engraving made specifically for you. Selecting a standard size, colour or prefabricated letter pendant does not, on its own, constitute such personalisation. There is no blanket exclusion of the right of withdrawal for earrings or other jewellery solely because of the type of product.
(7) Consumers outside the EU and EEA: For these orders, we do not offer voluntary returns, exchanges or cancellations solely because an item is not to your liking or you have changed your mind about the purchase. Whether a statutory right of withdrawal, return or termination of the contract nevertheless exists, and which periods and conditions apply, is determined by the law applicable under § 13. Such statutory rights are not excluded. The rights described for EU and EEA customers are not extended to all international orders solely by these Terms and Conditions. Claims relating to defective goods, incorrect deliveries, non-delivery or other breaches of contract, as well as claims under our colour guarantee, remain available subject to their respective requirements. If German law on the right of withdrawal applies in an individual case, paragraphs 2 to 6 also apply to that contract.
(8) No extended voluntary return period: We do not offer a general voluntary 30-day return policy or an extension of the statutory withdrawal period. There are no voluntary rights to returns, exchanges, cancellations or subsequent changes beyond statutory rights unless we have expressly promised or agreed to grant them. More extensive promises that have already become binding for a purchase remain valid for that purchase; these Terms and Conditions do not shorten them retrospectively. Business customers do not have a statutory consumer right of withdrawal.
(9) Distinction from defect and guarantee claims: The 14-day periods stated above concern the statutory right of withdrawal and the subsequent return of goods. They are not cut-off periods for statutory claims relating to defects or our lifetime colour guarantee. Those claims are governed by § 10 and the applicable law. The allocation of return shipping costs when exercising a right of withdrawal does not extend to a valid defect or guarantee claim.
§ 10 Rights in respect of defects, use and guarantees
(1) Rights in respect of defects are governed by the law applicable to the contract under § 13. Where German law applies and the statutory requirements are met, you may require us to remedy the defect, reduce the purchase price, rescind the contract or claim damages. Our statutory rights to refuse a disproportionate form of remedial performance remain in place. For contracts governed by other law, the requirements, remedies and time limits are determined by that law; no additional worldwide promise of German statutory rights in respect of defects is made.
(2) Where German law applies, you must make the affected goods available to us so that we can remedy the defect. If NURALEA supplies a replacement free from defects as part of its statutory obligation to remedy a defect, we may require the replaced item to be returned. We will bear the costs of remedying the defect that we are required by law to bear, including necessary transport costs; we will provide any advance payment of costs required by law in accordance with the statutory provisions.
(3) Damage that arises only after the relevant transfer of risk, solely as a result of improper handling and not because of a pre-existing defect, is not covered by statutory liability for defects. The same applies to ordinary wear that is consistent with the agreed and legally required characteristics of the goods, including durability. Statutory rules on the burden of proof remain unchanged.
(4) Claims such as "waterproof" and "gold plated" are not restricted by these Terms and Conditions or by general care instructions. Use while showering or swimming, where advertised accordingly, is not considered improper handling merely for that reason. Loss of colour or damage to the coating is not excluded from rights in respect of defects merely because the jewellery is gold plated.
(5) Additional guarantees, particularly an advertised lifetime colour guarantee, apply in accordance with the respective guarantee commitment and advertising that is legally binding. Claims under such guarantees are not restricted by the provisions on wear, improper handling or limitations of liability in these Terms and Conditions. Statutory rights in respect of defects under the law applicable in each case exist independently of the guarantee. Where German law applies, exercising those statutory rights is free of charge.
(6) Lifetime colour guarantee: For gold plated jewellery purchased through our online shop, we provide a worldwide colour guarantee from the date of purchase, with no fixed time limit. If the piece loses its gold colour or its gold plating fades during the use we have promised it can withstand, we will replace the affected piece free of charge. The use described in paragraph 4, including showering and swimming where advertised for the product, is covered. We bear the necessary shipping costs for the replacement and the costs of any return we require to process the guarantee claim. The guarantee is not insurance against loss or theft of the jewellery and is not a general guarantee against every form of mechanical damage. Statutory rights in respect of defects and any expressly promised more extensive guarantee benefits remain unaffected.
(7) A financial solution as an agreed alternative: Once a guarantee claim has arisen, we may agree with you on an appropriate partial or full refund of the price paid for the affected piece instead of a free replacement. A voucher or discount on a future purchase is an alternative only with your express consent. Without such an agreement, we will not unilaterally replace the guarantee benefit owed with a price reduction, voucher or discount. If the identical model is no longer available, we will agree with you on an equivalent replacement or a financial solution; unavailability does not extinguish your claims without a remedy. Statutory rights to remedial performance, a price reduction, rescission or damages remain unaffected.
(8) Guarantor and claims procedure: The guarantor is Enes Balanur, trading as NURALEA, Neckersstücken 13, 21149 Hamburg, Germany. Report a guarantee claim to support@nuralea.com or by post to this address. To assess a claim, we require a description of the issue and information that allows us to identify the purchase and the jewellery, such as the order number or other suitable evidence. Where possible, please support the assessment with informative photographs. If a return is necessary, we will explain how to proceed. The 14-day withdrawal period does not apply to these claims. Whether a benefit is due under the guarantee is determined by the guarantee commitment applicable to your purchase; it is not at our unrestricted discretion. The guarantee does not restrict statutory rights in respect of defects; exercising those rights is free of charge where German law applies.
(9) Please report apparent transport damage, incorrect deliveries or missing items as promptly as possible and describe any issues in a way that allows us to assess them. The consequences of failing to report an issue or reporting it late are governed by the applicable law. For consumer contracts governed by German law, failure to report an issue or reporting it late does not, in itself, result in the loss of statutory rights in respect of defects. Photographic documentation or a return authorisation number obtained in advance is not a prerequisite for those statutory rights.
(10) Where German law applies and the purchase is a commercial transaction for both parties, the statutory obligations to inspect the goods and notify defects under § 377 of the German Commercial Code (HGB) apply.
§ 11 Liability
(1) Our liability is unlimited in cases of intentional misconduct or gross negligence and for damage resulting from culpable injury to life, body or health. Claims arising from fraudulent concealment of a defect, guarantees we have assumed and the German Product Liability Act also remain unaffected.
(2) Outside the cases referred to in paragraph 1, we are liable for ordinary negligence in the event of a breach of essential contractual obligations. These are obligations whose fulfilment is necessary for the proper performance of the contract and on whose fulfilment you may ordinarily rely. In these cases, liability is limited to damage that was foreseeable when the contract was formed and is typical of the contract.
(3) In all other cases, liability for damages arising from ordinary negligence is excluded. The cases referred to in paragraph 1 are exempt from this limitation.
(4) These limitations also apply for the benefit of our legal representatives and persons we engage to perform our obligations. They do not restrict claims for performance or remedial performance, or statutory rights to rescind the contract, reduce the price or exercise the right of withdrawal.
(5) For international contracts, liability claims that are mandatory under the law applicable pursuant to § 13 and may not be limited remain fully preserved.
§ 12 Protection of our content
(1) Texts, photographs, videos, graphics, product depictions, designs and identifying marks of the shop are protected where the legal requirements are met. The rights belong to us or the respective rights holders.
(2) Without the required consent, protected content may not, in particular, be reproduced, modified, published, distributed or used in other online shops, advertisements or social media presences, unless permitted by law. Purchasing a piece of jewellery does not transfer any rights to use our product photographs, advertising videos or texts. Uses permitted by law remain unaffected.
(3) In the event of unlawful use, we reserve the right to pursue statutory claims for injunctive relief, removal of the infringement and damages. Reports of possible infringements caused by content in our shop can be sent to info@nuralea.com, and we will review them without undue delay. This means of contacting us is not a prerequisite for asserting statutory rights.
§ 13 Applicable law and jurisdiction
(1) Consumers in the EU and EEA: Contracts with consumers habitually resident in the European Union or the European Economic Area are governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods. This choice of law does not deprive you of the protection afforded by mandatory provisions of the law of the country of your habitual residence insofar as that law would apply in the absence of the choice of law.
(2) Consumers outside the EU and EEA: We make no choice of law for these contracts. The applicable law is determined by the statutory rules of private international law. The choice of law in paragraph 1 does not apply to these contracts. Classification is determined by habitual residence at the time the contract is formed; nationality or the delivery address alone does not determine it.
(3) Business customers: Contracts with business customers are governed by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(4) For consumers, the statutory rules on jurisdiction apply. We do not agree an exclusive place of jurisdiction in Germany with consumers. If both contracting parties are merchants, legal entities under public law or special funds under public law, Hamburg is the place of jurisdiction for disputes arising from this contract. Exclusive statutory jurisdictions remain unaffected.
§ 14 Changes to these Terms and Conditions and final provisions
(1) An order is governed by the version of these Terms and Conditions validly incorporated when the contract was formed. Subsequent publication of amended Terms and Conditions does not change contracts already formed or existing guarantee claims. Merely continuing to use our website does not constitute consent to a change to existing contracts.
(2) If individual clauses are invalid, the consequences are governed by the statutory provisions. Statutory provisions take the place of invalid clauses.