Terms of service
SECTION 1 – SCOPE
Welcome to Kristalla! The terms “we”, “us”, and “our” refer to Kristalla. Kristalla operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a personalized shopping experience (the “Services”). Kristalla is powered by Shopify, which enables us to provide these Services to you.
These Terms and Conditions apply to all orders placed by consumers (Section 13 of the German Civil Code (BGB)) through the Kristalla online store (www.kristalla-luxury.com). The version valid at the time of the order shall apply.
SECTION 2 – ACCESS AND ACCOUNT
By agreeing to these Terms and Conditions, you represent that you have reached the age of majority in your state, province, region, or country of residence and that you have given us your consent to allow any minor dependents to use the Services on devices that you own, purchase, or manage.
In order to use the Services, including accessing or browsing our online store or purchasing products or services offered by us, you may be required to provide certain information, such as your email address and billing, payment, and delivery details. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you are fully authorized to provide such information.
Contracts are concluded exclusively in the German language. Registration is not required in order to place an order. Access credentials must be treated confidentially and may not be disclosed to third parties.
SECTION 3 – OUR PRODUCTS
We have made every effort to display our products and services in our online store as accurately as possible. However, we cannot guarantee that the colours, appearance, or presentation of products will be displayed accurately on your device.
The essential characteristics of each product can be found in the respective product description within the online store. Images are provided for illustrative purposes only and do not constitute binding representations or guarantees.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match the representations shown in our online store.
SECTION 4 – ORDERS
By placing an order, you submit a binding offer to purchase. Kristalla reserves the right to refuse orders at its sole discretion.
A contract is concluded when you click the “Buy Now” button in the online store and we confirm your order by email. We store the contract text and send you the order details and these Terms and Conditions by email.
Please review your order carefully before submitting it, as changes may only be possible after acceptance upon mutual agreement.
Returns and exchanges are subject to our Cancellation Policy: www.kristalla-luxury.com/policies/refund-policy
SECTION 5 – PRICING AND BILLING
Prices, discounts, and special offers may be changed without prior notice.
All prices are stated in Euro and represent final prices in accordance with Section 1 (2) of the German Price Indication Ordinance (PAngV).
As a small business pursuant to Section 19 of the German Value Added Tax Act (UStG), no value-added tax (VAT) is charged or shown separately.
Shipping costs are clearly displayed before completion of the order.
The purchase price is due immediately upon conclusion of the contract.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including trademarks, texts, designs, images, and graphics, are the property of Kristalla or its licensors.
Any use, reproduction, distribution, or publication of copyrighted materials is prohibited without our prior consent, unless permitted by applicable law.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to tools offered by third-party providers as part of the Services. We neither monitor nor control such tools.
Where personal data is processed through the use of such tools, our Privacy Policy shall apply in addition: www.kristalla-luxury.com/policies/privacy-policy
Responsibility for the lawful and data protection-compliant operation of such tools rests with the respective third-party provider.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain hyperlinks to websites provided or operated by third parties. We are not responsible for the content, availability, or security of such websites.
Before making purchases or providing personal data on third-party websites, please review their respective privacy policies and terms of use.
Kristalla assumes no responsibility or liability for the processing of personal data, products, services, or contractual obligations of third-party providers.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Kristalla is powered by Shopify; however, all sales transactions are concluded exclusively between you and Kristalla.
Shopify is not responsible for transactions, product defects, returns, refunds, or any contractual obligations arising from purchases made through our online store.
Shopify acts solely as a technical service provider for the operation and hosting of the store infrastructure. Kristalla remains the sole contractual partner and point of contact for complaints, returns, customer service inquiries, and warranty claims.
SECTION 10 – PRIVACY POLICY
All personal data collected through our Services is subject to our Privacy Policy: www.kristalla-luxury.com/policies/privacy-policy
We process personal data exclusively in accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).
Personal data will not be disclosed to third parties for marketing purposes unless you have expressly consented to such disclosure.
SECTION 11 – FEEDBACK
If you submit feedback, suggestions, reviews, ideas, or other content to us, we may use such feedback to improve our products and Services.
By submitting feedback, you grant us a non-exclusive, worldwide, royalty-free right to use such content to the extent necessary for the presentation, promotion, and improvement of our products and Services.
Your personal data will not be published unless you have expressly consented to such publication.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders where information is inaccurate, at any time and without prior notice.
Your statutory rights, including warranty rights and the right of withdrawal, shall remain unaffected.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes and in accordance with these Terms and Conditions.
Any use of the Services that violates applicable laws, regulations, the rights of third parties, or these Terms and Conditions is strictly prohibited.
We reserve the right to suspend, restrict, or terminate your account, orders, or access to the Services if there is reasonable evidence of misuse, fraudulent activity, unlawful conduct, or a violation of these Terms and Conditions.
Such measures shall not affect any statutory rights to which you may be entitled.
SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP
We may terminate this agreement or your access to the Services at our discretion where permitted by law.
This applies in particular in cases of payment default, misuse of the Services, fraudulent conduct, or breaches of essential contractual obligations.
Any statutory warranty rights, withdrawal rights, or other mandatory consumer rights shall remain unaffected.
SECTION 15 – WARRANTY DISCLAIMER
Products offered through the Services are subject to the statutory warranty provisions applicable under German law.
The statutory warranty rights for defects (Sections 434 et seq. of the German Civil Code (BGB)) shall apply.
Kristalla shall be liable for material defects and defects of title in accordance with the applicable legal provisions.
Any additional guarantees shall apply only if expressly stated for the respective product.
SECTION 16 – LIMITATION OF LIABILITY
Kristalla shall be liable without limitation for damages resulting from injury to life, body, or health, as well as for damages caused intentionally or by gross negligence.
In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), liability shall be limited to the foreseeable damage typical for the contract.
Any further liability is excluded to the extent permitted by law.
The above limitations of liability shall also apply to our legal representatives, employees, agents, and vicarious agents.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Kristalla from justified third-party claims to the extent that such claims are caused by your culpable conduct.
This provision shall not apply to consumers where it would limit or exclude mandatory statutory rights.
Claims arising from product defects shall be governed exclusively by the applicable statutory provisions.
SECTION 18 – SEVERABILITY
If any provision of these Terms and Conditions is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.
The parties shall endeavour to replace the invalid provision with a valid provision that most closely reflects the economic purpose of the original provision.
Mandatory statutory provisions shall prevail where applicable.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, together with any policies or operating rules published by us on this website or in connection with the Services, constitute the entire agreement between you and us and govern your use of the Services.
Any ambiguities in the interpretation of these Terms and Conditions shall be resolved in accordance with German law and shall not be construed against either party.
SECTION 20 – ASSIGNMENT
You may not assign, transfer, or otherwise dispose of this agreement or any rights or obligations arising under these Terms and Conditions without our prior written consent.
We may transfer our rights and obligations under this agreement to affiliated companies or service providers, provided that such transfer does not adversely affect consumers.
In the event of such a transfer, you will be informed in due time.
SECTION 21 – GOVERNING LAW
These Terms and Conditions shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
For consumers who have their habitual residence within the European Union, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of their country of residence.
SECTION 22 – HEADINGS
The headings used in these Terms and Conditions are included for convenience only and shall not affect the interpretation or construction of any provision of these Terms and Conditions.
SECTION 23 – CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right to amend or update these Terms and Conditions at any time.
Where material changes are made, we will inform you in due time in text form, for example by email.
The amended Terms and Conditions shall apply only if you do not object to them within 14 days of receiving notification of the changes.
The notification shall expressly inform you of your right to object and the consequences of failing to do so.
SECTION 24 – CONTACT INFORMATION
If you have any questions regarding these Terms and Conditions, please contact us:
Kristina Kies
Friedrichstr. 9
90408 Nuremberg
Germany
Phone Number: +49 176 61179022
E-Mail: info@kristalla-luxury.com
Tax Number: DE453887071
Responsible for the content of this website in accordance with Section 5 DDG (German Digital Services Act) and Section 18 (2) MStV (German State Media Treaty).