Marion Knorr – General Terms and Conditions (as of 9/2024)

1. Contractual basis

The contract between the parties is concluded exclusively on the basis of these General Terms and Conditions. Conflicting agreements require an individual written regulation.

2. Offers/prices/conclusion of contract

A. All prices stated are subject to change and non-binding. The price communicated on the day of delivery or the price agreed in the individual case applies, always plus delivery and shipping costs. All prices are plus statutory VAT.

B. Individually prepared offers must be accepted within 1 day of receipt of the offer, including the price included, as the precious metal price changes daily. After this acceptance period has expired, the price included remains subject to change and paragraph A applies.

C. A contract is concluded by timely written acceptance of a written offer from Marion Knorr or with their written order confirmation, or at the latest by delivery of the goods.

D. With regard to brochures provided and the images, drawings and descriptions contained therein or other images, drawings and descriptions provided, Marion Knorr reserves the right to make commercially acceptable deviations which do not restrict the use for the contractual purpose without the customer being able to derive any claims from this. In case of doubt, the contents of such descriptions and statements described in sentence 1 in connection with a contract do not constitute the assumption of a guarantee or the provision of a warranty by Marion Knorr. In case of doubt, only explicit written statements by Marion Knorr regarding the assumption of a guarantee are relevant.

3. Delivery times/delayed delivery/shipping/assumption of risk

A. Deliveries are made from Marion Knorr's warehouse/headquarters at the customer's expense.

B. Delivery dates/delivery periods are only binding if they have been set out in writing. The delivery time for the rings is usually 20 working days, or 25 working days if diamonds are to be set, although these deadlines are only guidelines without guarantees and are merely intended to provide the customer with information.

C. Marion Knorr is liable for delays in performance in cases of intent or gross negligence in accordance with the statutory provisions. In other cases of delays in performance, Marion Knorr's liability for damages in addition to performance is limited to 5% and for damages instead of performance to 10% of the value of the delivery. Further claims by the customer are excluded - even after expiry of a deadline set by Marion Knorr for performance. The above limitation does not apply to liability for injury to life, body or health.

D. If performance is impossible, the customer is entitled to demand compensation in accordance with the statutory provisions. However, the customer's claim for damages in addition to or instead of performance and for reimbursement of wasted expenditure is limited to 10% of the value of the part of the service that cannot be used due to the impossibility. Further claims by the customer due to impossibility of performance are excluded. This restriction does not apply in cases of intent, gross negligence or injury to life, body or health. The customer's right to withdraw from the contract remains unaffected.

E. Delivery times are extended appropriately if there are forces beyond Marion Knorr's control. After delivery delays of more than 4 months, the customer is entitled to withdraw from the contract and reclaim any down payment after a one-time, reasonable grace period. For trade fair orders, the delivery period is extended, so that in such a case the customer is only entitled to withdraw from the contract and reclaim any down payment after more than 6 months of delay in delivery after a one-time, reasonable grace period.

F. Marion Knorr is entitled to make partial deliveries against separate invoicing.

G. If the dispatch of the deliveries is delayed at the customer's request for more than 2 weeks after the agreed delivery date or, if no precise delivery date was agreed, after Marion Knorr has notified them that the goods are ready for dispatch, Marion Knorr can charge a flat-rate storage fee of 1% of the price of the delivery item for each month, but not more than 10%. The customer is permitted to prove that Marion Knorr has suffered no damage or significantly less damage. Marion Knorr is permitted to prove that greater damage has occurred.

4. Warranty and liability

A. Obvious defects must be reported in writing and in detail no later than 1 week after delivery. The customer is also obliged to report defects to Marion Knorr in writing within 2 months of the time at which he discovered such a defect. The defects must be described in as much detail as the customer can. This regulation does not constitute a limitation period for the customer's rights to defects.

B. If the goods have defects within the meaning of Section 434 of the German Civil Code (BGB), the customer has a priority right to subsequent performance by - at his discretion - removing the defect or delivering a defect-free item, unless subsequent performance is only possible at disproportionate costs. If subsequent performance is then disproportionate and Marion Knorr refuses subsequent performance for this reason or for other reasons, or if subsequent performance has failed twice, the customer is entitled to the statutory warranty claims. The limitation period for warranty claims for reduction and withdrawal is 2 years for the delivery of a new item, 1 year for a used item, for claims for damages due to defects - regardless of the legal basis - 1 year for a new item and 6 months for a used item.

C. Marion Knorr is liable in cases of intent or gross negligence in accordance with the statutory provisions. Otherwise, Marion Knorr is only liable under the Product Liability Act for injury to life, body or health, or for the culpable violation of essential contractual obligations, or if Marion Knorr fraudulently concealed the defect (in the case of fraud, the statutory limitation periods apply that would apply without the fraud) or has assumed a guarantee for the quality of the delivery item. The claim for damages for the violation of essential contractual obligations is, however, limited to the foreseeable damage typical for the contract. Liability for damage to the customer's legal interests caused by the delivery item is, however, completely excluded. The provisions of sentences 3 and 4 of this paragraph do not apply if there is intent or gross negligence or if liability is incurred due to injury to life, body or health, or if the seller has fraudulently concealed the defect or has given a guarantee for the quality of the delivery item.

The provisions of the above paragraph 3 extend to compensation in addition to performance and compensation instead of performance, regardless of the legal basis, in particular due to defects, the violation of obligations arising from the contractual relationship or tortious acts. It also applies to the claim for reimbursement of wasted expenditure. Liability for delay is determined in accordance with section 4 paragraph C, liability for impossibility in accordance with section 4 paragraph D.

5. Terms of payment

A. Payments must be made in exchange for delivery. Payment upon invoice can only be made if this is contractually agreed. Marion Knorr can agree to advance payment or a deposit with the order confirmation. The customer will be in default 14 days after the due date without any further explanation from Marion Knorr if he has not paid. In the event of defects, the customer is not entitled to a right of retention unless this is in reasonable proportion to the defects and the expected costs of subsequent performance (in particular the elimination of defects).

B. The right to reject bills of exchange and checks remains reserved. They are always accepted on account of performance. In the event of late payment, Marion Knorr is entitled to charge interest at a rate of 5% above the respective base interest rate of the Deutsche Bundesbank. This is without prejudice to further rights and claims for damages. If payment is not made within a grace period, Marion Knorr has the following rights:

• Withdrawal from the contract and demand the return of any goods delivered or not yet accepted and the assertion of processing costs amounting to 15% of the purchase price,
• demand advance payment or security for goods not yet accepted or still to be delivered
• and/or withdraw from all (further) unprocessed contracts after a grace period has been granted without result and demand compensation for non-fulfillment,
• and to commission an external debt collection agency or a law firm.

C. Marion Knorr is solely entitled to make payment arrangements with regard to older liabilities of the customer. Any provisions to the contrary by the customer are invalid.

6. Retention of title/transfer of title/copyright

A. Marion Knorr reserves ownership of the goods until all claims resulting from the respective contractual relationship and all other claims against the customer at the time the contract is concluded have been paid in full.
If the goods are seized, confiscated or otherwise claimed by a third party, the customer must immediately inform the third party of the retention of title and immediately inform Marion Knorr of the claim.

B. The customer may resell the goods delivered subject to retention of title within the scope of proper business transactions. The customer hereby assigns to Marion Knorr any future claims from the resale of the goods delivered subject to retention of title in the respective invoice value as security until all claims by Marion Knorr have been paid in full. Marion Knorr hereby accepts this assignment.

C. In the event of a breach of duty by the customer, in particular in the event of late payment, Marion Knorr is entitled - after the unsuccessful expiry of a reasonable deadline set for the buyer to perform - to withdraw from the contract and to demand the return of the delivery item; the statutory cases in which the deadline is not necessary remain unaffected.

D. The pieces of jewelry are custom-made. The associated designs, samples, models and drawings are the sole intellectual property of Marion Knorr and may not be imitated by the customer themselves, or by third parties - on their behalf or otherwise - or used in any other way for direct or indirect imitation or reproduction. In the event of a violation of this copyright by the customer, Marion Knorr is not only entitled to the statutory injunction and damages claims, but a penalty of € 10,000.00 is also hereby agreed for each individual violation.

7. Place of performance/Applicable law

A. The place of performance for payments is Ludwigsburg.

B. The law of the Federal Republic of Germany applies.

8. Miscellaneous

A. If one of the above-mentioned general terms and conditions is invalid, the validity of the remaining terms and conditions is not affected. Instead of the invalid provision, the provision that comes closest to the invalid provision in legal and economic terms is deemed to have been agreed.

B. Customer data relating to business transactions with the customer is stored in accordance with the Federal Data Protection Act.