General terms and conditions

<h1>General terms and conditions with customer information & Information on data protection</h1> <h2>A General terms and conditions with customer information</h2> <h3>1) Scope</h3> 1.1 These General Terms and Conditions (hereinafter "GTC") of Jasmine Jung, trading under "Jung Gemmologie" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") enters into with the Seller with regard to the trading platform eBay (hereinafter "eBay") completes the goods presented. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed. 1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity ;activities. 1.3 Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction in the exercise of their commercial or self-employed professional activity. <h3>2) Conclusion of contract</h3> 2.1 The conclusion of the contract on eBay is based on Section 7 of the General Terms and Conditions for the use of German eBay services: 2.1.1 Auction format / Buy it now function If the seller places an item in an auction format on eBay, he is making a binding offer to conclude a contract for this item. He determines a starting price and a period within which the offer can be accepted (offer duration). If the seller sets a minimum price for the auction format, the offer is subject to the condition precedent that the minimum price is reached.

The customer accepts the offer by placing a bid. To do this, the customer first enters the amount of his maximum bid in the input field provided on the seller's offer page and then goes through the further steps specified by eBay. Finally, the customer clicks on the button “Confirm bid“. Acceptance is subject to the condition precedent that the customer is the highest bidder after the end of the offer period. A bid will be void if another buyer places a higher bid during the listing period. If the seller terminates the bid prematurely, a contract is formed between the seller and the highest bidder, unless the seller was entitled to withdraw the bid and cancel the existing bids. The seller can also provide offers in the auction format with a buy-it-now function. This can be exercised by the customer as long as no bid has been placed on the item or a minimum price has not yet been reached. The customer accepts the offer by clicking the &bdquo;Buy It Now“ button. clicks and then confirms. If the shopping cart function is also available for the offer, the customer can also accept the offer by placing the item in the shopping cart and completing the immediately subsequent payment process. The customer can choose whether to log into his existing eBay account for the order, whether to create a new eBay account for the order or whether to place the order without registering on eBay as &bdquo ;Guest“ executes. Finally, the customer clicks on the button “Buy“ or - when ordering as a “guest“ and/or when placing an order via the shopping cart function - on the button &bdquo;Buy and pay“. 2.1.2 Fixed price format

If the seller places an item on eBay in a fixed-price format, he is making a binding offer to conclude a contract for this item. The customer accepts the offer by clicking the &bdquo;Buy It Now“ button. clicks and then confirms. For fixed price listings where the seller has selected “pay immediately“ selected, the customer accepts the offer by clicking the “Buy It Now“ button. clicks and completes the immediately following payment process. If the shopping cart function is also available for the offer, the customer can also accept the offer by placing the item in the shopping cart and completing the immediately subsequent payment process. The customer can choose whether to log into his existing eBay account for the order, whether to create a new eBay account for the order or whether to place the order without registering on eBay as &bdquo ;Guest“ executes. Finally, the customer clicks on the button “Buy“ or - when ordering as a “guest“ and/or when placing an order via the shopping cart function - on the button &bdquo;Buy and pay“. 2.1.3 &bdquo;Offer to losing bidder“ procedure The customer will first receive an email from eBay with the subject “Offer to losing bidder“. In the message sent to him, the customer either clicks on the button &bdquo;View item“ or on the button “Reply now“ and then goes through the further steps specified by eBay. Finally, the customer clicks on the “Buy“ button, thereby accepting the seller’s offer.

2.1.3 &bdquo;Offer to losing bidder“ procedure The customer will first receive an email from eBay with the subject “Offer to losing bidder“. In the message sent to him, the customer either clicks on the button &bdquo;View item“ or on the button “Reply now“ and then goes through the further steps specified by eBay. Finally, the customer clicks on the “Buy“ button, thereby accepting the seller’s offer. p>2.1.4 &bdquo;Price proposal“ procedure If the button “Suggest price“ is displayed, the customer can suggest a price to the seller at which he would buy the item. On the seller's offer page, the customer first clicks on the button “Propose price“ and then goes through the further steps specified by eBay. Finally, the customer clicks on the button “Send price proposal“. The Seller may immediately accept, immediately reject or reconsider the Customer's price proposal, that is, within the maximum 48-hour period indicated on the Site, accept it, reject it or reject it by means of a counter-offer. If the seller rejects the price proposal, the customer can submit a new price proposal by clicking on the “Send new price proposal“ button. clicks If the seller rejects the price proposal by making a counter-proposal, the customer can accept the counter-proposal by clicking on the “Accept price proposal“ accept, reject or reject by counter-proposal by clicking “Send counter-proposal“ clicks<. In the latter case, the above steps must be repeated.

2.2 The text of the contract is saved by the seller and sent to the customer in text form (e.g. e-mail, fax or letter) after the contract has been concluded together with the present General Terms and Conditions and customer information. The seller himself does not make the contract text accessible beyond this. In addition, the text of the contract is archived on eBay and can be called up free of charge by the customer for a period of 90 days after the conclusion of the contract at www.ebay.de, stating the relevant article number. To display the article page with the contract text, the customer can enter the corresponding article number in the search field on the eBay homepage and click the "Find" button. click. 2.3 In all of the above processes, the customer can recognize, check and correct his entries as follows: After clicking the input button (e.g. "Bid", "Buy it now", "Add to shopping cart", "Suggest price", "Check price proposal" or " ;Send new price proposal"), the customer can check his entries again on the following confirmation pages. If he wants to correct his entries, he can either return to the eBay item page by clicking the "Back" button on his browser or cancel the process by closing the browser window and viewing the eBay item page later call again. The desired corrections can then be made again using the usual keyboard and mouse functions in the corresponding input fields. 2.4 For the conclusion of the contract, only the German language is available. <h3>3) Right of withdrawal</h3>

3.1 Information on the right of withdrawal can be found in the seller's cancellation policy. 3.2 The seller grants a corresponding contractual right of withdrawal to a customer who acts as an entrepreneur, provided that the goods are marked as "eBay Plus" items and the entrepreneur in the Time of ordering the goods in the loyalty program "eBay Plus" participates. <h3>4) Prices and terms of payment</h3> 4.1 The prices given by the seller are total prices and include the statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description. 4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which the customer is responsible for are wearing. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union makes. 4.3 The payment option(s) will be communicated to the customer on the seller's item page on eBay.

<h3>5) Terms of delivery and shipping</h3> 5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address stored by the customer on eBay is decisive. Deviating from this, when selecting the PayPal payment method, the delivery address stored by the customer at the time of payment is decisive. 5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller's cancellation policy applies to the return costs. 5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the customer as soon as the seller sells the item delivered to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold only passes when the goods are handed over to the customer or a person authorized to receive them. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the customer for consumers as soon as the seller hands over the goods to the freight forwarder, the freight carrier or the other person responsible for the execution; person or institution designated to carry out the shipment, if the customer commissions the freight forwarder, the carrier or the person or institution otherwise designated to carry out the shipment and the seller provides the customer with this person or institution has not previously named.

to withdraw from the contract. This only applies in the event that the non-delivery is not the responsibility of the seller and that he has concluded a concrete cover transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately. 5.5 If the seller offers the goods for collection, the customer can collect the ordered goods within the business hours specified by the seller at the address specified by the seller . In this case, no shipping costs will be charged. <h3>6) Retention of title</h3> If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full. <h3>7) Liability for defects (warranty)</h3> 7.1 Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods: 7.2 If the customer acts as an entrepreneur, <ul> <li>the seller has the choice of the type of supplementary performance;</li> <li>In the case of new goods, the limitation period for defects is one year from delivery of the goods;</li> <li>In the case of used goods, the rights and claims due to defects are excluded;</li> <li>the limitation period does not begin again if a replacement delivery is made as part of the liability for defects.</li> </ul>

7.3 The limitations of liability and shortened deadlines set out above do not apply <ul> <li>for claims for damages and reimbursement of expenses by the customer,</li> <li>in the event that the seller has fraudulently concealed the defect,</li> <li>for goods which, in accordance with their normal use, have been used in a building and have caused its defectiveness,</li> <li>for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.</li> </ul> 7.4 In addition, it applies to entrepreneurs that the statutory limitation periods for any existing statutory right of recourse remain unaffected. 7.5 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this will have no effect whatsoever on his statutory or contractual claims for defects. <h3>8) Governing Law</h3> The law of the Republic of Austria applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. <h3>9) Alternative Dispute Resolution</h3> The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. <h3>10) Code of Conduct</h3>

The seller has accepted the conditions of participation for the eCommerce initiative “Fairness in retail“ subject. You can find more information in the imprint of the seller. <h2>B. Information on data protection</h2> <h3>1) Information about the collection of personal data and contact details of the person responsible</h3> 1.1 In the following we will inform you about the handling of your personal data when using our eBay presence. Personal data is all data with which you can be personally identified. 1.2 The person responsible for data processing within the meaning of the General Data Protection Regulation (GDPR) is Jasmin Jung, Jung Gemmologie, Gumpendorfer Strasse 142, 1060 Vienna, Austria, Tel.: 0043 664 533685, email: info@schmuckzicke.at. The person responsible for the processing of personal data is the natural or legal person who, alone or jointly with others, decides on the purposes and means of the processing of personal data. <h3>2) Contact</h3> When contacting us, personal data may be collected, which we use in accordance with; Article 6 paragraph 1 lit. f GDPR save and use exclusively because of our legitimate interest in answering your request. In the case of contract-related inquiries, the additional legal basis for data processing is Art. 6 (1) (b) GDPR. <h3>3) Use of your data for direct marketing</h3> If you subscribe to our newsletter as a registered eBay member, you give us your consent to the use of your personal data in accordance with Article 6 paragraph 1 lit. a GDPR. By subscribing to the newsletter, you automatically accept us as a “saved seller“ in your &bdquo;My eBay“ on. You can unsubscribe from the newsletter at any time by selecting us as a saved seller in your settings on “My eBay“ delete. Your e-mail address will then be immediately deleted from the newsletter distribution list, unless further use of the data is legally permitted in individual cases.

<h3>4) Data processing for order processing</h3> 4.1 Insofar as it is necessary for the delivery of the goods, we pass on your personal data as part of the contract processing in accordance with&rszlig; Art. 6 Para. 1 lit. b GDPR to the transport company commissioned with the delivery. If we owe you updates for goods with digital elements or for digital products on the basis of a corresponding contract, we process the contact data you provide when ordering (name, address, e-mail address) in order to be able to contact you As part of our statutory information obligations in accordance with Art. 6 (1) (c) GDPR to be personally informed via a suitable communication channel (e.g. by post or email) about upcoming updates within the legally stipulated period. Your contact details will be used strictly earmarked for notifications about updates owed by us and will only be processed by us for this purpose to the extent that this is necessary for the information in question. We will inform you explicitly below about the processing of your data by the payment service provider(s) that can be selected on eBay. 4.2 When paying via PayPal, credit card via PayPal, direct debit via PayPal or – if offered - "purchase on account" or “Instalments“ via PayPal, your payment data will be sent to PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). The transfer takes place according to; Article 6 paragraph 1 lit. b GDPR and only to the extent that this is necessary for payment processing. For more information on data protection law, please refer to PayPal's data protection declaration: <a href="https://www.paypal.com/de/webapps/mpp/ua/privacy-full" target="_blank">https ://www.paypal.com/de/webapps/mpp/ua/privacy-full</a>

5.1 The applicable data protection law grants you comprehensive data subject rights (rights to information and intervention) vis-à-vis the person responsible with regard to the processing of your personal data, about which we will inform you below: <ul> <li>Right to information according to; Article 15 GDPR;</li> <li>Right to rectification according to; Article 16 GDPR;</li> <li>Right to erasure according to Art. 17 GDPR;</li> <li>Right to restriction of processing in accordance with; Article 18 GDPR;</li> <li>Right to information according to; Art. 19 GDPR;</li> <li>Right to data portability in accordance with; Art. 20 GDPR;</li> <li>Right to revoke granted consent in accordance with; Art. 7 Para. 3 GDPR;</li> <li>Right to complain according to Article 77 GDPR.</li> </ul> 5.2 RIGHT OF OBJECTION IF WE PROCESS YOUR PERSONAL DATA IN THE CONTEXT OF A BALANCING OF INTERESTS ON THE BASIS OF OUR OVERRIDING LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING FOR REASONS ARISING FROM YOUR PARTICULAR SITUATION WITH EFFECT; R INSERT THE FUTURE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA INVOLVED. FURTHER PROCESSING REMAINS RESERVED IF WE CAN PROVE COMPREHENSIVE REASONS FOR PROCESSING WHICH OVERRIDE YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FUNDAMENTAL FREEDOM ;CHEN SERVES.

IF YOUR PERSONAL DATA IS PROCESSED BY US FOR DIRECT ADVERTISING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA FOR THE PURPOSES OF SUCH ADVERTISING. YOU CAN OBJECT AS DESCRIBED ABOVE. IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP THE PROCESSING OF THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES. <h3>6) Duration of storage of personal data</h3> The duration of the storage of personal data is based on the respective legal basis, the processing purpose and, if necessary, also based on the respective statutory retention period. When processing personal data on the basis of express consent in accordance with Art. 6 (1) (a) GDPR, this data is stored until the data subject revokes their consent. If there are statutory retention periods for data that are processed within the framework of legal or similar obligations on the basis of Article 6(1)(b) GDPR, this data will be routinely deleted after the retention periods have expired ; will be deleted if they are no longer required to fulfill or initiate a contract and/or we have no legitimate interest in further storage. When personal data is processed on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object under Article 21 (1) GDPR, unless we can demonstrate compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims. When processing personal data for the purpose of direct advertising on the basis of Article 6 (1) (f) GDPR, this data is stored until the data subject exercises his or her right to object under Article 21 (2) GDPR. Moreover, stored personal data will be deleted when they are no longer necessary for the purposes for which they were collected or otherwise processed.

<h3>7) Reference to the eBay privacy policy</h3> The eBay platform is responsible for all other data processing that goes beyond the data processing described above. Further information on eBay data protection is available here: <a href="https://pages.ebay.de/help/policies/privacy-policy.html?rt=nc" target="_blank">https://pages .ebay.de/help/policies/privacy-policy.html?rt=nc</a>