Terms and Conditions for Bettencourt-Creative Jewellery

1) General terms and conditions

  1. The terms and conditions listed below shall apply to all contracts, deliveries and other services of de Bettencourt Handels GmbH, Ohmstrasse 3, 85301 Schweitenkirchen (hereinafter referred to as "Seller"), concerning the online shop www.bettencourt-jewellery.com and all associated subdomains. Deviating provisions of the customers shall not apply unless the seller has agreed in writing. Individual agreements between the seller and the customer shall always have priority.
  2. The business relations between the seller and the customer are subject to the law of the Federal Republic of Germany. For consumers, this choice of law is applicable only in so far as the granted protection is not deprived by mandatory provisions of the law of the state in which the consumer has his/her habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
  3. The contractual language is German.
  4. Place of jurisdiction shall be 85049 Ingolstadt if the customer is a merchant or represents a public-law entity or a special public fund. The same shall apply if the customer does not have a place of general jurisdiction in Germany or whose domicile or habitual place of residence is not known at the time legal action is filed.
  5. We deliver to the following countries: worldwide.
  6. Customers have the opportunity to use an alternative dispute resolution. The following EU Commission link (also called OS platform) contains information about online dispute resolutions and serves as a central contact point for out-of-court settlement of disputes resulting from online purchase contracts: http://ec.europa.eu/consumers/solving_consumer_disputes/non-judicial_redress/adr-odr/index_en.htm

2) Terms and conclusion of contract

  1. In the online shop www.bettencourt-jewellery.com, the seller offers the customer new goods, above all jewellery, for sale.
  2. When purchasing in the online shop, the contract of sale comes into effect after the acceptance of the customer’s order by the seller. Price displays in the online shop do not represent an offer in the legal sense. The receipt and acceptance of the order shall be confirmed to the customer by email.
  3. Please note that in the product detail page, the product price refers to the product presented in the first image. All the other images are suggestions, with no price tags attached.

3) Prices, shipping costs, sales tax and payment

  1. For orders via online shop the prices indicated at the moment of the order shall apply. All prices include the statutory sales tax (VAT).
  2. The offered prices include the shipping costs for shipping within Germany. For orders outside of our online shop (see 2.3) the prices indicated by the seller shall apply, also including the shipping costs within Germany.
  3. The delivery to the customer by the seller is made according to the customer’s wishes, using the following payment methods: prepayment (Visa & MasterCard incl. Maestro, giropay, SOFORT Überweisung, and PayPal).
  4. If a customer is in default with his/her payment obligations, the seller is entitled to claim damages according to the legal provisions and/or withdraw from the contract.
  5. The seller shall always provide the customer with an invoice which is handed out upon delivery of the goods or otherwise sent in text form.
  6. BETTENCOURT - CREATIVE JEWELLERY - vouchers can’t be used in the Internet to buy further vouchers under www.bettencourt-jewellery.com. In the case of loss, theft or non-legibility of vouchers, BETTENCOURT - CREATIVE JEWELLERY assumes no liability. It remains BETTENCOURT - CREATIVE JEWELLERY reserved to reject a payment with vouchers in the individual case if the payment due to a technical failure is not possible. The voucher can be used for purchases on our on-line shop for an equivalent or higher amount. Several vouchers can be redeemed per order. Their value is used for the current order and automatically deducted from the total order value. Residual sums which are not covered by the voucher can be comfortably settled with one of our other offered payment methods. The voucher has a validity of three years from the date of issue. The voucher is not refundable and can’t be exchanged for cash.

4) Website Cookies

What are cookies?

Cookies are small text files containing a string of characters that can be placed on your computer or mobile device that uniquely identify your browser or device. What are cookies used for?

Cookies allow a site or services to know if your computer or device has visited that site or service before. Cookies can then be used to help understand how the site or service is being used, help you navigate between pages efficiently, help remember your preferences, and generally improve your browsing experience. Cookies can also help ensure marketing you see online is more relevant to you and your interests.

What types of cookies does Bettencourt Creative Jewellery (BCJ) use?

There are generally four categories of cookies: “Strictly Necessary,” “Performance”,“Functionality” and “Targeting Cookies” . BCJ routinely uses all four categories of cookies on the Service. You can find out more about each cookie category below.

  1. Strictly Necessary Cookies. These cookies are essential, as they enable you to move around the Service and use its features, such as accessing logged in or secure areas.
  2. Performance Cookies. These cookies collect information about how you have used the Service, for example, information related to the unique username you have provided, so that less strain is placed on our backend infrastructure. These cookies may also be used to allow us to know that you have logged in so that we can serve you fresher content than a user who has never logged in. We also use cookies to track aggregate Service usage and experiment with new features and changes on the Service. The information collected is used to improve how the Service works.
  3. Functionality Cookies. These cookies allow us to remember how you’re logged in, whether you have a wishlist or items in your bag, when you logged in or out. These cookies also allow us to tailor the shop to provide enhanced features and content for you. The information these cookies collect may be anonymous, and they are not used to track your browsing activity on other sites or services.
  4. Targeting Cookies. BETTENCOURT - CREATIVE JEWELLERY (BCJ), our advertising partners or other third party partners may use these types of cookies to deliver advertising that is relevant to your interests. These cookies can remember that your device has visited a site or service, and may also be able to track your device’s browsing activity on other sites or services other than BCJ. This information may be shared with organizations outside BCJ, such as advertisers and/or advertising networks to deliver the advertising, and to help measure the effectiveness of an advertising campaign, or other business partners for the purpose of providing aggregate Service usage statistics and aggregate Service testing.

How long will cookies stay on my device?

The length of time a cookie will stay on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies will only stay on your device until you stop browsing. Persistent cookies stay on your computer or mobile device until they expire or are deleted.

How to control and delete cookies

If you want to delete cookies follow the instructions at http://www.wikihow.com/Clear-Your-Browser%27s-Cookies. If you wish to disable your browser from receiving cookies follow the instructions at http://www.wikihow.com/Disable-Cookies. Note that if you set your browser to disable cookies, you may not be able to access certain parts of our shop and other parts of our shop may not work properly.

(Text inspired by Wiki-how)

5) Delivery and transfer of risk

  1. The ordered goods will be delivered to the address indicated by the customer, provided that nothing to the contrary has been agreed. The delivery is made directly from our warehouse in Germany.
  2. The availability of each good is specified in the online item description. Unless expressly agreed otherwise, goods available at the warehouse are shipped within 2-3 business days after payment instruction (in the case of prepayment by bank transfer: within 2 to 3 working days after receipt of payment). If the goods are specified in the online shop as out of stock, the seller endeavors to ensure the delivery as soon as possible. Details regarding the delivery period shall be non-binding unless the date of delivery has been exceptionally confirmed by the seller.
  3. The seller reserves the right to make a partial delivery as far as this appears to be advantageous for a quick processing and the partial delivery is not exceptionally unreasonable for the customer. Additional costs resulting from partial deliveries will not be charged to the customer.
  4. The risk of accidental loss and deterioration of the goods shall pass to the customer upon delivery of the item. If the customer is an entrepreneur, the risk of accidental loss and deterioration of the goods as well as the risk of delay shall pass with the delivery of the goods to the forwarder, the freight carrier or any other party appointed to handle the consignment.
  5. All offered stones are natural products. Therefore, they may slightly differ in colour and structure from the stones in our photos. Also, your monitor colour quality and configuration can as well interfere with the product colour appearance.

6) Retention of title

  1. The delivered goods shall remain in possession of the seller until all claims resulting from the contract have been performed; if the customer represents a public-law entity, a public special fund or a trader in the course of exercising his/her commercial or independent professional activity, this furthermore applies as a result of the current business relationship until all claims the Seller is entitled to in connection with the contract are settled.

7) Right of retention

  1. The customer has a right of retention only insofar as his counterclaim is based on the same contractual relationship.

8) Liability for material defects and legal defects

  1. If defects are detected, the customer is entitled to the statutory warranty rights in agreement with the following provisions.
  2. Damages caused by improper actions by the customer during installation, connection, operation or storage of the goods do not justify a warranty claim against the seller. Information regarding proper handling of the products can be found in the product description.
  3. Defects must be notified by the customer within the warranty period of two years. The preceding limitations of liability shall not apply if the seller fraudulently concealed the defect or granted warranty for the quality of the goods. Furthermore, the preceding limitations of liability shall not apply to damage claims by the customer in cases of bodily harm or damage to health due to a defect for which the seller is responsible, or that is based on willful or grossly negligent conduct by the seller or his vicarious agents. The above-mentioned reductions shall not apply to defects of a structure or an object that has been used in conformity with its usual manner of utilization and has caused its defectiveness.
  4. If there are any defects, and they were asserted promptly, the seller shall be entitled to subsequent performance. If the subsequent performance fails, the customer has the right to reduce the purchase price or to withdraw from the contract. In all other respects the statutory provisions shall apply.

9) Obligation to inform about transport damage

  1. If goods are delivered with visible damages to the packaging or the content, the customer shall immediately complain about the losses at the carrier/freight company without prejudicing their warranty (§ 7) and contact the seller immediately and directly by email or any other way (fax/letter) to preserve the possible legal right to complain about the forwarding agent.

10) Exclusion of Liability

  1. Aside from the responsibility for material defects and defects of title, the seller has unlimited liability if the damage was caused by wilful intent or gross negligence. He shall also be liable in the event of slightly negligent breach of substantial obligations (obligations, whose violation endangers the fulfilment of the purpose of the contract) and in the case of breach of cardinal obligations (obligations whose fulfilment enable proper performance of the contract in the first place and upon whose adherence the customer regularly relies), but only limited to damage which is foreseeable in connection with each contract. The seller shall not be liable for the slightly negligent breach of obligations other than the ones stated above.
  2. The above limitations of liability shall not apply in the case of loss of life, injury to body and health, for a defect after an assumption of the guarantee for the quality of the product and fraudulently concealed defects. Liability according to the German product liability act (Produkthaftungsgesetz) shall remain unaffected.
  3. In case the liability of the seller is ruled out or restricted, the same shall apply to the personal liability of his employees, representatives and vicarious agents.

11) Right of cancellation

  1. You have the right to cancel this contract, within fourteen days without providing reasons.
  2. The cancellation period shall expire fourteen days from the day on which you or a third party other than the carrier and indicated by you, take/takes possession of the goods.
  3. To exercise your right of cancellation you must inform us "de Bettencourt Handels GmbH", Ohmstrasse 3, 85301 Schweitenkirchen, cancelation@bettencourt-jewellery.com, using an explicit declaration (e.g. by letter, telefax or e-mail) about your decision to revoke this contract. You can use the enclosed sample withdrawal form, which shall not, however, be mandatory.
    You can also fill in and submit the sample withdrawal form or any other explicit declaration electronically on our website www.bettencourt-jewellery.com. If you make use of this possibility, we will be able to confirm the receipt of such cancellation by e-mail immediately.
  4. To comply with the deadline for removal, it is sufficient to send your communication concerning the right of cancellation before the expiry of the cancellation period.

12) Consequences of cancellation

  1. If you revoke this contract, we are obliged to reimburse all payments we have received from you, including delivery costs (excluding the additional upcoming costs, in case a customer preferred a different type of delivery to the cheapest standard delivery offered by us) without delay and at the latest within fourteen days from the date we received the notification of the cancellation of the contract. For this reimbursement we use the same means of payment used during the original transaction…
  2. … unless explicitly agreed otherwise; in no case, repayment fees will be charged to you. We may withhold the reimbursement until we have received the returned goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest.
  3. The goods must be returned immediately to us and in any case not later than 14 days from the date of notification of such cancellation.
  4. All return products must have the attached security tag intact.
  5. The deadline is met if you send the goods before the expiry of the fourteen-day period. You must bear all immediate costs of returning the goods.
  6. You shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functioning of the goods.

13) Cancellation Form

If you want to cancel the contract, then please fill in this form and send it back to us:


To:    de Bettencourt Handels GmbH ', Ohmstrasse 3, 85301 Schweitenkirchen,

          Federal Republic of Germany


           Email: cancelation@bettencourt-jewellery.com:


We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract of sale of the following goods (*)/provision of the following service (*)....................

Ordered on (*) ................/received on (*) ..............


Name of the customer (s) ...........................


Address of the customer (s) ...........................



Signature of the customer (s) (only for notifications on paper) ............................


Date .......................

(*) Delete as appropriate.