GENERAL TERMS AND CONDITIONS OF BUSINESS

1. Scope of application

1.1 These general terms and conditions (hereinafter referred to as "Terms and
Conditions") govern the terms and conditions for the sale of products in
the online shop at www.thescapelabel.com (hereinafter referred to as "THE
S.CAPE LABEL").

1.2 Your contractual partner is THE S.CAPE LABEL e.K.

2. Validity of the Terms and Conditions

2.1 All contracts concluded by you with THE S.CAPE LABEL via the online shop are
subject to these terms and conditions.

2.2 THE S.CAPE LABEL may change the content of the terms and conditions at any time.
The version of the Terms and Conditions valid at the time of the conclusion of
the contract with you and accepted by you shall become part
of the contract.

3. information about the products

3.1 In the online shop www.thescapelabel.com THE S.CAPE LABEL sells jewelery under the
brand THE S.CAPE LABEL (hereinafter "Products").

3.2 All Products are classified by collection and are described in the Online Shop together with their essential characteristics.

3.3 Any photographs and descriptions of the products offered for sale are merely exemplary and do not become part of the contract.

Insignificant but recognisable deviations in colour and form cannot be avoided. They do not constitute a defect. Legal claims for defects remain unaffected.

3.4 In the event of differences between the illustration and the described product, the product description shall always take precedence.

4. Conclusion of contract

4.1 The publication of the products in the online shop represents an invitation to you to conclude a contract. By clicking on the button "complete order", you submit a binding offer.

4.2 The contract between THE S.CAPE LABEL and you is concluded upon acceptance of the order by THE S.CAPE LABEL. The acceptance is effected by sending an order confirmation to your e-mail address. This confirmation contains an order number which must be quoted in all subsequent communications with THE S.CAPE LABEL.

If you choose to pay with PayPal, the purchase contract is concluded, in deviation from the above provision, when you send the order.

4.3 Each order can be viewed by you on the website in your account, provided you have registered for this. Otherwise, you can send an e-mail to THE S.CAPE LABEL's customer service after submitting the order in order to ask questions about your order or to find out the current status.

4.5 THE S.CAPE LABEL has the right to accept or reject the order sent by you at its own discretion before the conclusion of the contract, without you being entitled to any claims whatsoever, including claims for damages.

Reasons for rejection can be:

1. The item ordered is out of stock
2. Payment is not cleared
3. There was an error in the product information, including price or advertising
4. Suspicion of fraud

4.6 In order to uphold the highest standards of customer service and satisfaction, we reserve the right to cancel orders from customers who have demonstrated negative behavior or violated our policies in the past.

Should a customer with a record of negative behavior place an order, we will retain the discretion to cancel such orders. Any payments already made in connection with these orders will be refunded accordingly.

4.7 The contract is concluded in the English language. 

5. Prices

All prices are stated on the website and include the applicable value added tax. Any shipping costs incurred are shown to you in the total price before the order is placed. The total price may vary depending on the shipping and payment method, place of delivery and total amount of the order.

6. Invoicing and payment modalities

6.1 We accept credit cards such as VISA, Mastercard and American Express, as well as payments via Paypal and Klarna.

In the event of a reversal of the order, the amount will be transferred back to your chosen payment method's account.

If that is unavailable, we will issue a store credit.

7. Shipping

7.1 Most orders will ship within the next business day. Once processed, you will receive a shipping confirmation e-mail with your tracking information. 

If you need to change or cancel your order, please email 

concierge@thescapelabel.com with your order number. Once the order is shipped we cannot make any changes including cancellations. 

7.2 Orders do not ship on weekends or German holidays, so if you order on Saturday, it will ship out on the next business day. 
Delivery may take up to 14 business days and will be made Monday to Saturday, excluding national holidays, using the shipping method specified by you. 

7.3 In the event of a failed delivery due to your absence, the courier will send an e-mail with a message about the delivery attempt and will make another delivery attempt in the following days.

If your order is ready for collection from the depot or a designated safe place of your choice, our Customer Service team will attempt to contact you to arrange a pickup. If collection is not possible due to your absence, or if you fail to collect the order despite being present, the products will be returned to THE S.CAPE LABEL, and you will not be entitled to any reimbursements. Should you request another delivery attempt, you will be responsible for any additional costs incurred.

7.4 Upon receipt of the Products, we ask you to check the following things thoroughly:

a) The packaging has not been altered or opened.

b) The number of products delivered matches the information on the order confirmation.

We ask you to immediately report any damage to the packaging or the products, as well as any mismatch in the number of products in the delivery or the order confirmation. To do so, you may contact THE S.CAPE LABEL's customer service and must indicate the order in which these defects occurred. Your legal claims due to defects remain unaffected.

8. Discount vouchers - offers

8.1 Any discount vouchers can be entered by you when placing the order. The system will update the order total after deducting the net amount of the discount.

8.2 The discount voucher can only be combined with other offers if this is expressly stated on the discount voucher.

9. Cancellation policy

9.1 Right of revocation

You have the right to cancel this contract within fourteen days without giving any reason.

The revocation period is fourteen days from the day on which you have taken possession of the products.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent to us). 

To comply with the revocation period, it is sufficient that you send the notification of
the exercise of the right of revocation before the expiry of the revocation
period.

9.2
Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs, without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal 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; in no case will you be charged for this repayment. We may refuse repayment until we have received the products back or until you have provided proof that you have returned the products, whichever is the earlier.

You must return or hand over the products to us without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the products before the expiry of the
period of fourteen days. You shall bear the direct costs of returning the products.

9.3 The right of withdrawal does not apply to the delivery of products that are not suitable for return for reasons of health protection or hygiene if they have been worn after delivery.

10. Defective goods

10.1 We define a product as defective if it exhibits any of the following:

Gemstone Flaws

Includes visible chips, cracks, fractures, or internal inclusions that affect the appearance or durability of the gemstone, as well as significant color irregularities or fading.

Metal Defects

Includes porosity (small holes or pits), discoloration or tarnishing not in line with normal wear, scratches, dents, or weak soldering resulting in structural instability.

Manufacturing Defects

Includes loose or poorly set gemstones, asymmetry in designs where symmetry is expected, and inconsistent finishing, such as uneven polishing or buffing.

Structural Defects

Includes loose hinges, weak links in chains, broken or improperly functioning clasps or closures, or misshapen rings or other items resulting from improper manufacturing.

Any of these issues would deem the product as defective. This does not include normal wear and tear or defects arising from misuse, improper care, or accidents.

10.2 We only accept and arrange returns of defective products.

10.3 In the event of defects, you shall be entitled to the statutory rights. In such a case, you are requested to contact the Customer Service.

10.4 We do not accept returns of earrings due to hygenic reasons. Under the circumstance of receiving a damaged pair, please contact our customer service immediately within 14 days of receiving your order.

10.5 The products offered in the online shop comply with national and European legal regulations. The images and colours of the products published on the Website may differ from the actual ones, which may be due to a local setting of the systems and/or the means of display. This is however not considered a defect.

10.6 When purchasing one of our sample items, you acknowledge that the product may contain pre-communicated defects or imperfections. By proceeding with the purchase, you agree to forfeit your right to return, request a refund, or exercise the right of withdrawal as provided under EU consumer law. Sample items are sold in their current condition ("as-is"), and no post-purchase claims regarding quality or defects will be accepted.

11. Data protection

Your data is collected by THE S.CAPE LABEL in accordance with the applicable data protection laws. Further details can be found in the Privacy Policy.

12. Intellectual property

All (registered) trademarks, intellectual works of any kind, distinctive signs, names, illustrations, photographs, written or graphic texts, as well as any other intangible property of intellectual property protected by law and by international treaties, reproduced on the Website remain the property of THE S.CAPE LABEL. Access to the Website and/or the conclusion of a purchase contract does not confer any rights on you. Any use, even partial, of the aforementioned intellectual property is prohibited without the prior written consent of THE S.CAPE LABEL.

14. Property

All items sold through the website remain the property of until full payment has been received by THE S.CAPE LABEL.

15. Returns 

15.1 Returns must be requested within 10 days of you receiving your order. Products must be returned in their original condition and with original packaging. We may reject the return if the products have any stains and/or show visible signs of intentional damage. Refunds are made to the original payment method. If that is unavailable, we will issue a store credit. Returns may only be made once, products purchased with a store credit are non-refundable. We only accept returns for products that are confirmed to be defective. In the event that an incorrect size was ordered, an exchange will be provided. However, returns or refunds for products based on personal preference or dissatisfaction with the item are not permitted, as the responsibility to select suitable products rests with the customer.

15.2 If an incorrect size is ordered, THE S.CAPE LABEL will gladly offer a free exchange. In cases where the desired size is out of stock, we will provide a voucher equivalent to the original item's value. Please note that refunds are not available, as selecting the correct size is the responsibility of the customer.

16. Commercial Purchase Policy

To maintain the integrity of our business and protect our proprietary information, we strictly prohibit other businesses from purchasing products from THE S.CAPE LABEL.

In the event that a business places an order using a private email address or otherwise attempts to circumvent this policy, we reserve the right to treat such actions as industrial espionage. As a result, the contract will be automatically revoked pursuant to Section 9 of our Terms and Conditions, and any orders placed will be canceled without refund.

17. Applicable law

These General Terms and Conditions and any contract concluded with the Customer shall
be governed by the laws of the Federal Republic of Germany.