Terms of service
The German version of the Terms and Conditions is the only legally binding version. The English version is a translation provided solely for the user’s reference and has no legal effect.
The following terms of service (General Terms and Conditions) apply to the sale of products by RYIA - a registered trademark of Liu Global Solutions GmbH - as agreed. In particular, they contain your rights and obligations as a purchaser of our products and the most important data protection provisions.
§ 1 Scope of application
(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all Sales contracts
between
Liu Global Solutions GmbH
Corneliusstraße 38
80469 Munich,
(more information in the imprint: (https://ryia.de/de/pages/imprint)
(hereinafter referred to as "user", "we", or "us")
and you
(hereinafter referred to as "Partner", "your" or "you").
(2) The GTC apply regardless of whether you are a consumer or an entrepreneur.
(3) You are a "consumer" if you are a natural person who concludes a contract with us for purposes that can predominantly be attributed neither to your commercial nor your independent, freelance, public or non-profit professional activity.
(4) You are an "entrepreneur" if you are a natural person or if you conclude a contract for a legal entity or a partnership with legal capacity that is acting in the exercise of its commercial, freelance, independent, public-law or non-profit professional activity when concluding the contract with us.
(5) These GTC apply to all our platforms. "Platforms" are all sales and operations channels and services used by us. In particular, this includes all our premises; all our physical or electronic documents such as emails, order documents or information materials; all our sales areas such as stands or stores as well as our websites or apps and our profiles on our partners' websites or apps.
(6) The version of the GTC valid at the time the contract is concluded shall apply. Deviating GTC shall not be accepted. This shall also apply if we have not expressly objected to their inclusion. Something else may apply insofar as something else is stipulated in these GTC in individual cases. If legal texts or documents have been translated into a language other than German, the German legal texts or documents shall be legally binding and therefore applicable - the translated legal texts or documents are solely for the purpose of better understanding.
(7) All agreements made between you and us in connection with a service result in particular from an order or commission and the associated attachments, our confirmation, our acceptance and, if not regulated therein, from these GTC. These GTC shall also apply to subsequent orders or commissions that you place during or after the expiry of the contract term, unless other GTC have been included at that time.
(8) With the exception of written amendments and supplements to these GTC, electronically or digitally created documents or records shall be deemed equivalent to written documents or records.
(9) These GTC shall also apply to other contracts concluded between you and us, insofar as no special GTC relating to the other type of contract exist and clauses of these GTC can be applied in terms of content.
§ 2 Conclusion of contract
(1) When we present our services on our platforms, we are not making a binding offer to conclude a contract. The presentation is merely a non-binding presentation. Our offers and cost estimates are subject to change. Our written offers are to be regarded as firm contractual offers for a period of 2 weeks with regard to the essential conditions. Thereafter they are subject to change. Should we determine an increase in costs, we will inform you of this in writing. It shall be deemed to have been approved by you if you do not object in writing within one week, giving reasons.
(2) You can place a legally binding order or commission in any way that our platforms offer or that we propose to you in individual cases. In particular, you can submit them as follows:
- By clicking an order or commission button on our platforms, in particular on our websites and apps and our profiles on third-party websites and apps.
- By sending us completed order or contract documents via any common communication channel such as e-mail, post or our social media profiles or by responding to an offer to conclude a contract sent to you by us via such a communication channel.
- By handing us completed order or contract documents - for example at our or your premises or sales areas, at trade fairs, information or advertising events or on any other occasion.
- By placing your order or commissioning in writing or verbally on our platforms, in particular in the premises or sales areas used by us or via the communication channels used by us, or by accepting an offer to conclude a contract made by us.
You are bound by the assignment or order for a period of 2 weeks after its submission.
(3) By placing an order, you also give your binding consent to these GTC and to data processing in accordance with our privacy policy.
(4) We can confirm receipt of the submitted order or order
- by e-mail to the e-mail address you have provided or used or by message within our platforms, in particular within our websites and apps and our profiles on third-party websites and apps
- with a letter of confirmation by letter or by handover
- verbally or by handing over a receipt or any written confirmation
confirm. The confirmation does not constitute a binding acceptance of the order or assignment unless acceptance is declared in addition to the confirmation of receipt. We generally confirm the order or commission ourselves. However, a third party may also submit a confirmation on our behalf if you have ordered or commissioned our service on third-party platforms - in particular a third-party website or app.
(5) A contract between you and us is only concluded when we
- expressly accept the order or your order.
- begin with the provision of services.
- issue an invoice.
- provide the service - in whole or in part.
Acceptance can take place at the same time as confirmation.
(6) If there are several contractual partners - in particular if the order or assignment was made jointly by several persons - or if the contractual partner is a partnership, the contractual partners or the partners of the partnership shall be liable for our claim as joint and several debtors. We are entitled to rely on the instructions and information of an individual contractual partner or partner of a partnership when performing the contract, in particular without consulting the other contractual partners or partners of a partnership, unless another party objects in writing. An objection entitles us to terminate the contract on the basis and with the consequences of a lack of cooperation.
§ 3 Registration, account
(1) If one of our services requires the creation of an account on our platforms, you will receive it by registering.
(2) It is mandatory to provide the data requested during registration. You guarantee that they are complete and correct. You can register by entering your data on our platforms.
(3) The following requirements apply for registration:
- Consumers are natural persons over the age of 18 with unlimited legal capacity
- Companies as natural persons fulfill the requirements of a consumer
- Entrepreneurs as partnerships or corporations as well as any other corporations, associations or communities have legal capacity and have a representative authorized to represent them. It is not sufficient to specify a PO box.
(4) There is no entitlement to registration. We are entitled to reject a registration. A contractual relationship is established between you and us upon completion of the registration.
(5) Upon registration, you will receive an account containing all the necessary data for use. You may only use the account yourself; in particular, you may not allow third parties to use the account or transfer the account to third parties (account sharing). The password can be changed at any time. Multiple accounts for one person are not permitted. The account is valid until the termination takes effect.
(6) You are responsible for the content and quality of all information. You ensure that they are correct and complete.
(7) You must not jeopardize the safe operation of our platforms. You must refrain from doing anything that could inconvenience other users of the platforms or that goes beyond the intended use of our platforms. In particular, you are obliged to refrain from the following:
- upload or send files that contain a virus or other malware or carry out other interventions that could impair the functionality or accessibility of the platforms or change or delete content,
- Upload or send any form of advertising, especially e-mail advertising, SMS advertising, chain letters or other harassing content,
- Expose the platforms to excessive load or in any other way disrupt or jeopardize their functioning,
- Use crawlers, spiders, scrapers or other automated mechanisms to access the platforms and collect content without written consent.
- collect or use information such as e-mail addresses or telephone numbers of other users without prior consent,
- to reproduce, make publicly accessible, distribute, edit or use the content of the platforms or third parties in a way that goes beyond the intended use without prior consent from us or the third party.
(8) We are entitled to take any action with regard to your account without giving reasons. In particular, we are entitled to ask you to make a statement, temporarily block the account, issue a warning or permanently block or delete the account. In addition, we expressly reserve the right to assert claims under civil and criminal law. The sanctions do not affect the obligation to pay for services that have already been provided, especially if the service has already been (partially) provided.
(9) If services on our platforms can also be used without an account, by using our platforms you are already submitting an offer to conclude a contract for the duration of the use of a platform in accordance with these GTC, which we accept by providing the service.
§ 4 Prices, payment, default, terms of payment, offsetting, right of retention
(1) The prices quoted by us are - unless otherwise presented or agreed in individual cases - gross prices including VAT.
(2) Unless otherwise agreed between you and us, our remuneration shall be due after conclusion of the contract and before the respective service is provided. It must be paid within 2 weeks of dispatch of our invoice (invoice date) at the latest. If payment is not made, default of payment shall be deemed to have occurred. In the event of default of payment, we shall be entitled to claim default interest and further damages in accordance with the statutory provisions. The default interest for consumers is 5 percentage points above the base interest rate according to § 288 BGB for the year; for entrepreneurs, the default interest for the year is 9 percentage points above the base interest rate according to § 288 BGB.
(3) We enable you to use various payment services and options. You can use any payment method provided by us for payment, in particular
- to an account specified by us,
- give us a direct debit authorization or SEPA direct debit mandate,
- pay us by EC/Maestro or credit card,
- pay us via a third-party platform (e.g. Apple App Store, Google Play or Amazon Appstore),
- or pay us via a payment service provider specified by us (e.g. PayPal),
in each case if we offer a corresponding payment option. We reserve the right to exclude payment options individually or generally or to add them subsequently.
(4) You use the payment service of a payment service provider by clicking on the button of the payment service provider during the ordering process of services. You will be taken to the corresponding page of the respective payment service provider. You use the payment service of a third-party platform such as the Apple App Store, Google Play or Amazon Appstore by downloading our app through them. With regard to the payment, we only provide access to the page of the respective payment service provider or platform, but do not become a contracting party. In most cases, it is necessary to enter into a contractual relationship with the relevant payment service provider in order to use the payment services of a payment service provider or the platform. The respective contractual terms, general terms and conditions and data protection provisions apply.
(5) In the case of a direct debit authorization, a SEPA direct debit mandate or payment by EC/Maestro or credit card, we will arrange for your account to be debited at the earliest on the due date. A direct debit authorization is also valid for further orders until revoked.
(6) You are not entitled to offset against our claims unless your counterclaims have been legally established or are undisputed, or if you assert notices of defects or counterclaims arising from the same contractual relationship.
(7) You may only exercise a right of retention if your counterclaim arises from the same contractual relationship and has been legally established or is undisputed.
(8) In the event that one of our claims arising from one or more contracts is not paid on time, we shall be entitled to commission a debt collection agency (e.g. Creditreform) with the further collection of the claim due. By concluding the contract, you consent to us transmitting the data and information required to collect the debt to the debt collection agency (e.g. Creditreform) and to the debt collection agency (e.g. Creditreform) being authorized to store and process the data. In particular, the name and address, contract date, invoice number, invoice amount and due date are transmitted.
(9) Charges (any offices, authorities or similar), fees or other payment claims of other payment matters resulting from the provision of services are not included in the price and shall be paid by you separately and to the respective offices or persons. This also applies if these expenses are advanced by us; in this case, they are to be reimbursed to us.
§ 5 Products
(1) You purchase from us the goods specified in more detail when the contract is concluded. In particular, the following categories of goods exist
· Standard products
· Personalized products - customized modifications such as engraving, changing the chain length, and subsequent adjustment of ring size
· Bespoke products - manufacture according to your wishes, custom-made products, colored diamond jewelry
(2) You are entitled to a one-off ring size change of 2 ring sizes (2mm) within one year of receipt of the goods. This does not apply to fully set and/or engraved rings.
§ 6 Delivery
(1) If a delivery has been agreed between you and us, it shall be made to the delivery address specified by you. We are entitled to make partial deliveries insofar as this is reasonable for you. Deliveries are generally only possible within the EU.
(2) Unless a binding delivery date has been agreed in writing, all delivery dates or delivery periods stated by us are exclusively non-binding information.
(3) If a delivery period specified by us begins, you are obliged to timely and proper fulfillment, in particular to timely payment. The defense of non-performance of the contract remains reserved.
(4) If you are in default of acceptance or culpably violate other obligations to cooperate, we may assert the resulting damage subject to further claims. You reserve the right to prove that no damage at all or at least significantly less damage has been incurred in the amount claimed. The risk of accidental loss or accidental deterioration of the purchased item shall pass to you at the point in time at which you are in default of acceptance or debtor's delay. Your other claims and rights due to a delay in delivery remain unaffected.
(5) Bulky goods (packages with a volume greater than 1 square meter) are usually delivered by a forwarding agent. We expressly point out that these goods are not carried into the house.
(6) Two weeks after exceeding a non-binding delivery date/delivery period, you may request us in text form to deliver within a reasonable period. If we culpably fail to meet an express delivery date/delivery deadline or are in default for any other reason, you shall set a reasonable grace period to effect performance. If the grace period expires without result, you are entitled to withdraw from the purchase contract.
§ 7 Quality
(1) Insofar as services are presented on platforms, we endeavor to provide images of the services offered that are as true to the original as possible, in particular with regard to the quality specifications of the gold alloys, colored stones and diamonds.
(2) Usual deviations are reserved insofar as these are in the nature of the materials or work used or are customary in the trade or performance.
(3) You agree to the following deviations:
- White gold changes color over time, the rhodium layer can wear off with use
- Any wear and tear due to use, in particular loosening of the elements, especially of the frames
§ 8 Shipping costs
You order from us within Germany - with the exception of returns - free of shipping costs. There is a flat rate within the EU.
§ 9 Retention of title
(1) Goods delivered or handed over shall remain our property until all claims arising from the contract have been paid in full.
(2) You are obliged to treat the purchased item with care as long as ownership has not yet been transferred to you. When purchasing particularly valuable goods, in particular goods with a value of € 5,000.00 or more, you are obliged to insure the goods at your own expense against theft, fire and water damage at replacement value.
(3) If maintenance and inspection work is required, this must be carried out by you or commissioned at your expense.
(4) You shall notify us immediately in text form if the delivered item is seized or exposed to other interventions by third parties. If the third party does not reimburse the judicial and extrajudicial costs of an action pursuant to § 771 ZPO, you shall be liable for the loss incurred.
(5) The treatment and processing or transformation of the purchased item by you shall always be carried out in our name and on our behalf. The expectant right of the user to the object of sale shall continue to apply to the processed object. If the purchased item is processed with other items not belonging to the user, co-ownership of the new item is acquired in the ratio of the objective value of our purchased item to the other processed items at the time of processing. The same shall apply in the event of mixing. If mixing takes place in a way that establishes the main item as your property, you are obliged to transfer co-ownership or sole ownership to us on a pro rata basis. You must properly store our property created in this way. In order to secure our claims against you, you shall also assign to us those claims which accrue to you against a third party through the combination of the reserved goods with a property. We have already accepted this assignment.
§ 10 Warranty
(1) We shall be liable for material defects or defects of title of delivered or handed over items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery or handover of the goods. In the case of used goods, the warranty period is one year. These periods also apply to claims for compensation for consequential damage caused by a defect, unless they arise from tort.
(2) Any warranties given by us for certain items or manufacturer's warranties granted by the manufacturers of certain items shall apply in addition to the claims for material defects or defects of title within the meaning of para. 1. Details of the scope of such warranties are set out in the warranty conditions which may be enclosed with the items.
§ 11 Complaints
(1) You are obliged to notify us immediately of any transport damage or incompleteness of the delivery against the delivery bill enclosed with the goods.
(2) If the delivered goods are to be processed and if recognizably defective goods are processed by you, you will not be reimbursed for dismantling and installation costs or consequential damages even if we are responsible for the defect. However, your claim for subsequent delivery remains unaffected. You should therefore inform us immediately if you discover a defect.
§ 12 Revocation
(1) If you are an entrepreneur within the meaning of § 14 BGB, the right of withdrawal does not apply. The following applies to consumerswithin the meaning of distance contracts:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise the right to cancel, you must inform us (Liu Global Solutions GmbH, Corneliusstraße 38, 80469 München, 08924210300, service@ryia.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
We may refuse to refund you until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this
loss of value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.
Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it to us).
- To Liu Global Solutions GmbH, Corneliusstraße 38, 80469 Munich, 08924210300, service@ryia.de:
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only for notification on paper)
- Date _______________ (*)
- END OF THIS MODEL WITHDRAWAL FORM -
(2) The right of withdrawal does not exist, expires or can be excluded if a legally regulated case, a corresponding court decision or another legal reason exists. Legally regulated cases arise in particular from §§ 312 g or 356 BGB.
In particular, there is no right of withdrawal for the following contracts:
- for contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive (personalized products and bespoke products) or the contracts are clearly tailored to the personal needs of the consumer.
- for contracts for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
- in the case of contracts for the delivery of goods, if these have been inseparably mixed with other goods after delivery due to their nature.
- in the case of contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.
- for contracts where the consumer has expressly requested the trader to visit him in order to carry out urgent repair or maintenance work. This does not apply to other services provided during the visit that the consumer has not expressly requested, or to goods delivered during the visit that are not necessarily required as spare parts for maintenance or repair.
(3) Furthermore, the right of revocation shall not apply to contracts for which the consumer already has a right of revocation pursuant to Sections 495, 506 to 513 BGB and not to contracts concluded outside business premises for which the consumer already has a right of revocation pursuant to Section 305 (1) to (6) KAGB.
(4) In the case of a contract for the supply of digital content not on a tangible medium, the right of withdrawal shall also expire if the trader has started to perform the contract after the consumer has
1. has expressly consented to the contractor commencing performance of the contract before expiry of the withdrawal period, and
2. has confirmed his knowledge that by giving his consent he loses his right of withdrawal at the beginning of the execution of the contract.
(5) The right of withdrawal shall expire, in particular in the case of a contract for the provision of services, even if the trader has provided the service in full and has only begun to provide the service after the consumer has given his express consent and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the trader. In the case of an off-premises contract, the consumer's consent must be provided on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal shall expire, notwithstanding sentence 1, if the contract has been completely fulfilled by both parties at the express request of the consumer before the consumer exercises his right of withdrawal.
§ 13 Voluntary right of return
(1) We grant you - exclusively in the case of a distance selling transaction between consumer and entrepreneur - a 30-day voluntary right of return that goes beyond the statutory right of revocation exclusively with regard to the revocation period.
(2) The statutory right of withdrawal applicable to consumers shall not be affected by compliance with the rules on the supplementary, voluntarily granted right of return and shall remain unaffected by this. The conditions of the right of withdrawal apply exclusively and until the expiry of the statutory right of withdrawal as well as to this voluntary right of return; in particular with regard to the possible assumption of return costs and the consideration of reasons for exclusion of withdrawal in the case of special product and service requirements.
(3) The voluntarily granted right of return also does not limit the statutory warranty rights, which remain unrestricted for the partner.
(4) The voluntary right of return according to para. 1 ends after the expiry of the number of days specified in para. 1 after placing the order. The date of our order confirmation is decisive.
(5) The voluntary right of return can only be exercised if the goods are returned undamaged and in their original packaging with all enclosed documents and accessories.
(6) The voluntary right of return does not apply to products that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive (personalized products and bespoke products) or that are clearly tailored to the personal needs of the consumer, such as necklaces customized by you, products where the ring size has been changed and products with an engraving according to your wishes.
(7) If the goods were purchased using a voucher, the refund will also be made in the form of a voucher.
(8) Voluntary buy-back guarantee: We offer a voluntary buy-back guarantee for certain products. Further information on the conditions and modalities of the buy-back guarantee can be found in the appendix to these General Terms and Conditions as Buy-back guarantee conditions. The Buyback Guarantee Terms and Conditions are an integral part of these General Terms and Conditions and are deemed to be inseparably linked to them. We recommend that you read the appendix carefully in order to find out about the exact conditions of the buy-back guarantee.
§ 14 Duty to cooperate
(1) You shall support us in the provision of our contractual services by providing reasonable cooperation. For example, you shall immediately provide us with the necessary information, data, circumstances and conditions; provide us with documents, materials, items or access for the performance of the service; immediately issue us with instructions and approvals and name us a competent contact person who will not be replaced. You must be authorized to perform your actions - in particular to transfer or grant access - and in particular no third-party rights or official regulations may be violated. You are obliged to ensure that the goods are received.
(2) Insofar as you are not authorized to notify, provide or make available in accordance with paragraph 1, for example because there are violations of competition, data protection, trademark and brand law or any violations of third party rights or official regulations, there is also a lack of cooperation. You assure us that you are authorized to take the relevant actions. We will not carry out a corresponding review. You shall indemnify us on first demand against any claims by third parties that take action against us due to your lack of authorization and shall compensate us for any damage incurred due to the claim by the third party, including any court and legal costs incurred for legal defense. In all other respects, the statutory provisions shall apply.
(3) Missing, incomplete, damage-causing or infringing cooperation - for example by communicating or supplying incomplete, incorrect or unsuitable information, data, materials or documents for lawful use - shall entitle us to terminate the contract, in the case of a contract with an entrepreneur also without affecting the agreed remuneration.
(4) If we suffer damage as a result of incorrect cooperation, we shall be entitled to compensation. In this case, you shall also indemnify us against all third-party claims asserted by third parties in connection with acts of cooperation performed incorrectly by you, at least due to gross negligence.
§ 15 Performance period, force majeure
(1) Unless agreed in individual cases, we are not bound to deadlines and dates for the performance of the service. Performance deadlines must be in writing.
(2) "Force Majeure" means the occurrence of an event or circumstance that prevents us from performing one or more of our contractual obligations under the Contract if and to the extent that we prove that: (a) such impediment is beyond our reasonable control; and (b) it was not reasonably foreseeable at the time of entering into the contract; and (c) the effects of the impediment could not reasonably have been avoided or overcome by us.
(3) In the absence of proof to the contrary, the following events affecting us shall be presumed to fulfill the conditions under paragraph 2 lit. (b) under paragraph 2 of this clause: (i) war (declared or undeclared), hostilities, aggression, acts of foreign enemies, large-scale military mobilization; (ii) civil war, riot, rebellion and revolution, military or other seizure of power, insurrection, acts of terrorism, sabotage or piracy; (iii) currency and trade restrictions, embargo, sanctions; (iv) lawful or unlawful official acts, compliance with laws or government orders, expropriation, confiscation of works, requisition, nationalization; (v) plague, epidemic, natural disaster or extreme natural event; (vi) explosion, fire, destruction of equipment, prolonged breakdown of transportation, telecommunications, information systems or power; (vii) general industrial unrest such as boycott, strike and lockout, go-slow, occupation of factories and buildings.
(4) If we successfully invoke force majeure, we shall be released from our obligation to fulfill our contractual obligations and from any liability for damages or any other contractual remedy for breach of contract from the point in time at which the impediment makes it impossible for us to provide the service, provided that this is communicated immediately. If the notification is not made immediately, the exemption shall take effect from the time at which the notification reaches you. If the effect of the claimed impediment or event is temporary, the consequences set out above shall only apply for as long as the claimed impediment prevents us from performing the contract. If the duration of the alleged impediment has the effect of substantially depriving you of what you could reasonably expect under the contract, you have the right to terminate the contract by giving notice within a reasonable period of time.
§ 16 Lien
(1) Due to our claims, we shall acquire a lien on your items that have come into our possession in the course of performing the contract. It secures all claims that we have against you in connection with the legal relationship as a result of which we have obtained possession of the item.
(2) At your request, we shall release the items subject to the lien at our discretion if the realizable value of the securities to which we are entitled exceeds the total claim to be secured by more than 20%.
§ 17 Communication
(1) In order to ensure quick and easy communication with each other, communication generally takes place via e-mail and telephone. You consent to information being sent to you by e-mail, if available to your account on our platforms, by post or by other means.
(2) Shipping and communication are at your risk. We are not responsible or liable for disruptions in the Internet networks, for server and software problems of third parties or problems of a postal or delivery service provider.
§ 18 Voucher
(1) A voucher can be redeemed with us within a period specified on the voucher, but no later than the end of the tenth year after the year in which the voucher was purchased. Subsequent offsetting is not possible. The voucher can only be used for services specified in the voucher and not for the purchase of further vouchers or other services not specified in the voucher. Any remaining credit will not be refunded. Voucher credit is neither paid out in cash nor does it bear interest. We can make payment to the respective holder with discharging effect. This does not apply if we had knowledge or grossly negligent ignorance of the non-authorization, legal incapacity or lack of power of representation of the respective holder.
(2) The voucher is transferable.
(3) In the event of loss - even if you are not at fault or in the event of force majeure - we accept no liability, in particular we are not obliged to provide and replace lost tickets.
§ 19 Copyright and other rights
We have copyrights or other rights to all images, films, texts and other content protected by copyright or similar rights, in particular by intellectual property rights, which are published on our website, our profiles on other websites, our social media profiles and all our platforms. The use of images, films, texts and other rights is not permitted without our written consent.
§ 19a Design and Creative Rights, Bespoke and CAD Designs
(1) All designs created in connection with our products – in particular in the context of bespoke creations – such as drafts, sketches, CAD files, 3D models, visualizations, renderings, technical drawings and other creative or technical designs (collectively referred to as “Designs”) may constitute works protected by copyright. Unless expressly agreed otherwise in writing, the copyright usage and exploitation rights in these Designs are held exclusively by Liu Global Solutions GmbH (RYIA Fine Jewelry).
(2) Even if the customer pays a separate CAD, design or development fee, the customer only acquires a simple (non-exclusive), non-transferable right of use, which is limited solely to the one-time manufacture of the specific piece of jewelry ordered from us. No further rights of use are granted.
(3) In particular, the customer is not entitled, without our prior express written consent,
a) to make the Design or parts thereof available to third parties for the manufacture of additional pieces of jewelry,
b) to reproduce the Design or parts thereof, or to have it or them reproduced by third parties, or
c) to use the Design or parts thereof for commercial purposes or to have it or them used for commercial purposes.
(4) Liu Global Solutions GmbH is entitled to use Designs – including those created in the context of a bespoke order – for other customers, to further develop them and to include them, in unchanged or modified form, in collections, as well as to manufacture, promote and distribute them, unless expressly agreed otherwise in writing. The customer has no claim to exclusivity of the Design.
(5) Ownership of the physical piece of jewelry passes to the customer upon delivery and full payment in accordance with these Terms and Conditions. The above provisions regarding rights in the Designs remain unaffected.
§ 20 Data protection and data security
(1) We collect personal data from you and any other data provided by you or obtained by us in the course of fulfilling the contract for the purpose of performing the contract and fulfilling contractual and pre-contractual obligations. The collection and processing of data is necessary for the performance of the contract and is based on Article 6(1)(b) GDPR. We process them in accordance with the obligations of the GDPR. According to Section 5 (1) GDPR, personal data must essentially be
(a) processed lawfully and fairly and in a manner that is transparent to the data subject ("lawfulness, fairness, transparency");
(b) collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes ("purpose limitation");
(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed ("data minimization");
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay ("accuracy");
(e) stored in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed ("storage limitation");
(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical and organizational measures ("integrity and confidentiality").
(2) As a matter of principle, data will not be transferred to third parties unless there is a corresponding obligation or the performance of the contract or compliance with a legal deadline requires the transfer of data, for example if the transfer of data is necessary in order to carry out a query by a third-party provider that is necessary for the performance of the contract, your data is forwarded to a payment provider or subcontractors are used in order to contribute to the fulfillment of a performance obligation towards you. In these cases, the service providers will often have a contractual relationship with you, so that they act on their own responsibility.
(3) As soon as data is no longer required for the purpose of its processing and if there is no further legal obligation to retain it, we will delete it. We retain your data during the initiation and execution of our contractual relationship. It may also be necessary to retain data after termination of our contractual relationship. For example, invoice data (billing documents) must be stored for 10 years in accordance with Section 147 of the German Fiscal Code. As long as a service provider performing services for us also has a contract with us for the performance of your service, we remain obliged to retain the data in accordance with the agreed retention periods.
(4) You have the right to information, data transfer, deletion, correction, restriction or blocking of your personal data. In particular, you have the right to receive information about all personal data free of charge.
Your request can be submitted to us. You also have the right to seek administrative or judicial remedies or to take legal action before a supervisory authority.
§ 21 Liability, indemnification and reimbursement of expenses
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
(2) In other cases, we shall only be liable - unless otherwise regulated in para. 3 - in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a contractual partner may regularly rely (so-called cardinal obligation), limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above and all other limitations of liability, warranty or responsibility and exclusions of liability, warranty or responsibility agreed in these GTC and between us.
(4) You shall indemnify us on first demand against any third-party claims asserted against us and/or our vicarious agents due to possible culpable breaches of the partner's obligations - in particular from these GTC. You shall reimburse us for any damage incurred as a result of the claim by the third party, including any court and legal costs incurred for legal defense. In all other respects, the statutory provisions shall apply.
(5) We shall be entitled to reimbursement of the expenses which we were entitled to consider necessary under the circumstances and for which we were not responsible, in particular any expenses for the protection of the contractual goods and, in addition, to a reasonable remuneration customary in the location.
§ 22 Place of performance, applicable law, contract language and place of jurisdiction
(1) Munich is agreed as the place of performance for all services arising from the contract.
(2) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If both you and we are merchants at the time of conclusion of the contract and if you have your registered office in Germany at the time of conclusion of the contract, the exclusive place of jurisdiction shall be our registered office in Munich. In all other respects, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Unless otherwise agreed in writing, the contractual language shall be German. Any translated legal texts or documents are solely for the purpose of better understanding. In particular with regard to a contractual agreement as well as to these GTC, the data protection provisions or all other legal texts or documents, the German versions are legally binding; this applies in particular in the event of deviations or differences of interpretation between such legal texts or documents.
(4) With regard to disputes with consumers, the EU Commission has created an internet platform for online dispute resolution - the alternative dispute resolution in accordance with the ODR Regulation and Section 36 VSBG. This platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr
Participation in a dispute resolution procedure before a consumer arbitration board is not mandatory and is not undertaken by us.
§ 23 Final provisions
(1) Amendments and additions to these GTC shall be made in writing; we reserve the right to do so. Amendments require that you are not unreasonably disadvantaged, that there is no breach of good faith and that the amendment is not objected to. In the event of a change, notification will be made via one of the communication channels - in particular by e-mail - 2 months before it takes effect. The amendment shall become effective if it is not objected to within this period, after which the amended GTC shall become valid.
(2) We reserve the right to assign this contract to another company. It shall become valid 1 month after sending a notice of assignment to you via one of our communication channels - in particular by e-mail. In the event of an assignment, you have a right of termination which applies 1 month after receipt of the notification of assignment. All rights granted to us shall also be deemed to have been granted to our legal successors.
(3) In the event that individual provisions of these GTC are invalid, the legal validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid provision that comes closest to the intended economic purpose.
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