Terms & Conditions
- 1. General Definitions | Party to a contract
- 2. Registration | Customer Account
- 3. Order | Conclusion of Contract and Language
- 4. Storage of Contract Data
- 5. Product description | Prices
- 6. Payment
- 7. Delivery
- 8. Instructions for Revocation | Right of return
- 9. Retention of Title
- 10. Gift certificates | Promotions
- 11. Participant Terms and Conditions of the CLICCESSORY Status and Rewards Program
- 12. Warranty | Liability
- 13. Data Protection | Consent for Usage
- 14. Image Rights
- 15. Update of the General Terms and Conditions and Participant Terms and Conditions of the CLICCESSORY Status and Rewards Program
- 16. Applicable Law | Jurisdiction
- 17. Severability Clause | Effectiveness
1. General Definitions | Party to a contract
The following terms and conditions of Nerobin Jewelry GmbH, Hackescher Markt 4, 10178 Berlin, Geschäftsführer: Nicolas Harazim, info(at)nerobin.com (hereinafter referred to as "we") shall apply at the time of ordering on this website as the most valid and up to date version of the Terms and Conditions and as the basis for all of the offers of the Internet portal .cliccessory.com /.de and for agreed contracts, deliveries and services. Besides these, any differing or conflicting provisions do not apply, even if we provide a reservation in the knowledge of same being contrary or deviating from the provisions of the following conditions.
2. Registration | Customer Account
2.1. To order on our website and to also participate in the status and rewards program on CLICCESSORY (see conditions of participation under section 11), you must first register with truthful and complete information about yourself. The access data received after the registration in the registration confirmation process will not be made available to any third party and will be kept confidential. However, there is no obligation on our part to carry out the registration or the order of a registered customer, unless there is a previously confirmed order transaction.
2.2. If you register more than one account per customer, we are entitled to utilize our virtual in-house right and we reserve the right of deletion of these multiple registered accounts without notice.
2.3. Similarly, in designated areas we are entitled to recover from customers (eg. the CLICCESSORY-Blog or the like) created texts or content, where third party rights are infringed, we have the right to delete such content and we undertake this responsibility.
2.4. This applies also for manipulative or inadmissible use of the offered content or the disadvantage of other customers that goes beyond a personal, private and non-commercial use.
3. Purchase Order | Conclusion of Contract and Language
3.1. The following languages are available for the conclusion of contracts in the following countries / available destinations:
- Germany, Austria: German
- Switzerland: German, English
- Rest of the World: English
3.2. So long as you are over 18 years old or where a legal guardian of contracting age and ability is involved in the purchase order, an order can be placed on our online store.
3.3. By clicking on the buttons described “Buy Now” in the shopping cart and the registration of your account as described in section 2, you provide a binding offer for the conclusion of a valid purchase contract with us.
3.4. A binding sales contract is effective as soon as we send you an order confirmation with the details of your order, or at the very latest when the ordered goods are received, which we primarily only supply in small amounts to domestic households. When there is a suspicion that the goods that we supplied would be resold commercially, we are entitled to reject the offer/order without giving a further explanation.
3.5. Independent of your guaranteed right of revocation, we view your order as binding after at least 2 working days and at the latest 5 working days.
4. Storage of Contract Data
By submitting your registration information, you agree that we may store your personal information. You can order confirmation of these General Terms and Conditions for yourself at any time through the functions in your browser archive and they are also available to print. On receipt of your order you will automatically receive an order confirmation from us via email.
5. Product Description | Prices
5.1. We try to depict the item being shown on the product image as realistically as possible. Nevertheless, the highest quality natural materials are in our products, such is the variety of precious stones and pearls – that slight variations may result between the online photo presentation and the real product itself. However, this does not constitute a product defect.
5.2. The specified prices on our website www.cliccessory.com / .de are valid for your order at the time of ordering. These are prices inclusive of statutory VAT.
6.1. When ordering you can choose from a variety of secure and convenient payment methods, such as:
- Advance Payment
- Instant transaction/Giropay
- Credit Card
However, in a few cases, certain payment methods may not be offered.
6.1.1. Advance Payment| Instant Transaction
The most convenient payment method to use is an instant transfer, which is the same easy and secure function as your online banking and means a faster receipt of payment for us, which ensures an immediate processing of your order. But you can also pay by conventional transfer: You will receive your order confirmation in the form of an email with information about our bank details. If this is not the case, please transfer the invoice amount to the following account:
NEROBIN JEWELRY GMBH
BLZ 100 701 24
IBAN: DE84 1007 0124 0038 1541 00
Please use the following relevant information: Order and/ or Invoice number from your order.
6.1.2. PayPal Simply select PayPal during the checkout process and settle the payment of the order on your existing PayPal-account/credit card. If you do not have a PayPal account, you can easily and quickly register for one of the safest payment methods in the world during the payment process and complete your order a few minutes later.
6.1.3. Credit Card Using ta credit card with a secure credit card interface, you can pay quickly and safely with the most popular credit cards and be assured that your order will arrive for delivery in the fastest way possible.
6.2. We also accept payments from international accounts, but under no circumstances will we bear any transaction costs or bank charges.
6.3. With credit card payment, your card will be charged upon shipment of the goods.
6.4. All credit or invoices you receive from us will be primarily in electronic format and in the applicable currency of the ordering country.
7.1. The goods will be delivered after payment through one of the offered payment methods and only after receipt of full payment is received by us. If we receive no payment from you in spite of repeated requests and after the due date elapses, we reserve without further obligation the right to be excused from delivering on the contract. The contract shall then be terminated without the need for further action from either side.
7.2. If you order several products at the same time, it can be the case that separate delivery of individual products will occur at different times but this is without prejudice to § 266 of the German Civil Code.
7.3. If a particular item is not available, we undertake the responsibility to inform you of the unavailability of the item before accepting the order. We reserve the right to offer you a replacement item to be sent in this instance - price and quality equivalent. If you do not want to accept or keep this item, you can return it to us free of charge within the statutory warranty period.
7.4. Depending on the destination and method of payment for the order, the average delivery time is 1-7 days. In case of unforeseen circumstances, which we are not responsible for, the outward delivery time can be put backwards. If the delay in the delivery is more than 4 weeks, you can withdraw from the purchase contract. However, there is no entitlement to compensation.
7.5. Independent of insured shipping of the goods, you are responsible for the delivery to you or a person you have authorized and for a possible accidental deterioration or accidental destruction of the goods being sent.
7.6. We undertake the risk of transportation, as well as the cost of any accompanying documents. However, import sales tax, settlement and customs fees may be provided for separately in the invoice when delivered depending on the country of our shipping partner.
Usually we ship our products with our shipping partner DHL (Standard / Express).
8. Instructions for Revocation | Right of Return
8.1. You may revoke your contractual declaration within 14 days without giving reasons by returning the goods or by notification in writing (eg letter, fax, email). The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the recipient (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and not before fulfilling our information obligations pursuant to Article 246 § 2 in connection with § 1 paragraph 1 and 2 of the introductory law of the Civil Code and our obligations according to § 312e paragraph 1 sentence 1 of the Civil Code in conjunction with Article 246 § 3 of the Civil Code. The revocation period is sufficient to send either the revocation or the goods themselves.
The revocation or the returning of the product should be directed to:
Nerobin Jewelry GmbH,
FAX +49 30 5770 465 – 2
8.2. In the case of an effective return, or a revocation, the mutually received benefits are also to be returned and any benefits (e.g. interest) surrendered. If you cannot return them or in part cannot return them, or can only return them in a deteriorated condition, you must give us the performance received and benefits (e.g. benefits of use), and you have to pay us compensation. For the deterioration and derived benefits, you must pay compensation only to the extent the use or the deterioration is due to a handling of the goods, beyond testing the properties and functions. By "testing the properties and functions" refers to the testing and trying out the goods, as it is possible and customary in a retail store. Transportable items are to be sent back at our risk and expense. The returns are made exclusively with the same shipping partners, with whom the package was delivered to you. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, and it begins for us with its receipt.
8.3. The repayment is made to the account that you used to pay. For payment on receipt, such as a transfer payment in advance, remittance is directed to the account from which the transfer was made. If you have paid through PAYPAL or credit card, the refund will be made on the related PAYPAL or credit card account. Any losses due to currency fluctuations, cannot be refunded by us.
9. Retention of Title
Until full payment is made, the goods remain the property of Nerobin Jewelry GmbH.
10. Gift Certificates | Promotions
There are two types of Vouchers that you can use for shopping and ordering on www.cliccessory.com/.de:
Status and Promotional certificates are vouchers that you can use as part of our Status and Reward program for their respective status or which can be used under a special promotion. They cannot be purchased and usually have a limited validity. You can buy Gift vouchers which are transferable and can be gifted or given away.
10.1. Premium and Promotional Certificates can be obtained by you as part of our status and reward program for the current state of your Status account with regards number of points (for Participants T&Cs see section 11) or as part of a promotion.
You can redeem these types of vouchers within the provided period of validity of the vouchers exclusively at www.cliccessory.com/.de and only once within a single order. In individual cases, certain products on the order website may be excluded from this Voucher or a certain minimum order value may be outlined.
Unlike the Promotional Vouchers, Rewards vouchers are personalised and are only valid for you as a Status customer, i.e. they are not transferable to third parties.
These Vouchers must be redeemed prior to submitting the order, but only one per order. Subsequent offsetting of offers is not possible.
The order must at least match the amount of the voucher, as a refund of the remaining balance of the voucher is not possible.
If the cost of the order is greater than the voucher value, you can offset the balance by paying through one of the offered payment options.
A refund or a partial refund of a product paid with a voucher cannot be given if it was issued, as a promotional certificate under a promotional campaign, as it was not compensated for by consideration.
10.2. Gift Certificates
You can buy and give away gift certificates. The value of the vouchers may be redeemed for the purchase of items on www.cliccessory.com/.de, but may not be used to purchase other gift certificates.
Our gift vouchers are transferable to third parties, but are provided solely for non-commercial use. Vouchers may not be manipulated, copied or otherwise reproduced.
The value of the voucher cannot be paid out in cash and will not bear interest.
To redeem the vouchers the purchaser must be logged in with his account and enter the voucher code before the order is made. A voucher cannot be included after the order has been made.
If the price of the order is greater than the voucher value, you can offset the balance through one of the offered payment options.
Gift Certificates cannot be purchased with premium and promotional vouchers.
Gift Certificates may only be redeemed and canceled if they have not been charged with an order and credited to the purchaser.
We cannot be made liable if a gift voucher is lost, stolen or is no longer legible. In the case of an electronic transmission, we are not liable for incorrect information supplied, for example, because of spelling mistakes in an email address etc.
11. Participant Terms and Conditions of the CLICCESSORY Status and Premium Rewards Program.
The CLICCESSORY status and reward program rewards your enthusiasm for the concept of CLICCESSORY. For each extension of your personal collection of CLICCESSORY pieces you can earn status points when ordering. These status points determine your current level on the way to the elite circle of CLICCESSORY EVANGELISTS. The various Status-levels are Exclusive CLICCESSORY Worlds and a way of saying thank you to our dedicated CLICCESSORY ambassadors, and in turn, we reward you with access to non-public and special limited edition pieces, special premium vouchers and other benefits.
Having managed to become a CLICCESSORY EVANGELIST, this then opens up to you a unique circle of exclusive, strong personalities and VIPs from around the world. You get access to the Jewelry Club of CLICCESSORY and this can be used by a CLICCESSORY-EVANGELIST for premium benefits, and among other things, for launching their own designs, International presentations and the publishing of their collections in a special setting.
For the collection of status points some conditions apply that have been listed below. Special rules may also result from the promotion and communication mediums of the program (eg newsletters, reward certificates, campaigns).
11.1. Access and Participation.
11.1.1. You are eligible to participate in the CLICCESSORY Status and Reward Program if you are an individual natural person older than 18 years old and reside in a country where CLICCESSORY is offered. The residence provided is deemed to be your actual geographic living location (e.g. principal residence), and you must be able to demonstrate this on request of the Nerobin Jewelry GmbH.
11.1.2. Participation begins with the opening of a personal customer account (as mentioned in the terms and conditions described in section 2) on www.cliccessory.com/.de and upon the receipt of status points for a first order.
Starting at 50 status points (equivalent to an order of EUR 50.00) together with the order of your personal bracelet in it’s exclusive collection box. The CLICCESSORY collection bracelet is our gift to you and your ticket to an even more exclusive world of CLICCESSORY. The bracelet carries the first STATUS PEARL indicating your level on the way to the Evangelist level. With additional status points with every order you will increase your premium level and as an indication of each new level you will get another Status Pearl that you can wear on your bracelet.>
A legal claim of admission to participation in the CLICCESSORY status and rewards program does not exist. The Nerobin Jewelry GmbH can refuse authorization to participate in the CLICCESSORY status and reward program without giving any reason.
11.2. Collection of Status Points | Reaching of Status Levels
11.2.1. The basis of calculation for the CLICCESSORY status and reward program are status points that are posted to your status account within your customer account. The status points can be used only for such purposes as are expressly specified in the Terms and Conditions or by any other customer information. Bonus points from other programs cannot be converted into CLICCESSORY status points, unless the Nerobin Jewelry GmbH has reached an agreement with the operator of the other program. The status points and the status points account are not transferable and cannot be converted into cash, unless this is expressly provided for.
11.2.2. You can check the current status of your account status in your personal customer account. In addition, when you actively use the CLICCESSORY status and award program to a certain extent, you get regular information on your current account balance.
11.2.3. The acquisition of status points is possible immediately from commencement. The number of credited status points is determined and regulated by the program conditions at the time that the service is utilized.
11.2.4 Other ways to acquire status and reward points and the conditions associated with them, will be announced separately through special communication mediums.
11.2.5. For certain other services, the crediting of Status Points can be excluded by prior announcement by the previously mentioned communication mediums of the program.
11.2.6 Status Points will be credited to the status account automatically upon completion of earning status points by either qualifying through an online order or if you purchase a CLICCESSORY product in a shop at a designated terminal after registration. Status Points that are not automatically registered cannot be credited retroactively to the Status Account.
11.2.7. In the case of cancellation or even the partial return of the goods, the credited status points are also deleted to the corresponding amount.
11.3. Highest Status Level | Development of own collections/Design | Participation in Sales
At the highest Evangelist Level (from 10,000 status points) you have - in addition to many other benefits - the honor of representing exclusively selected Bisazo BERLIN jewelry combinations and/or the opportunity to design up to 5 of your own signature pieces in the Bisazo studios with support from bisazo BERLIN design teams and you will receive help to internationally launch your personally unique items by bisazo BERLIN.
Please note that these individual agreements have underlying special confidentiality requirements. Upon reaching the maximum Status and with you set as a VIP brand ambassador of the house of Nerobin Jewelry, there will be separate customary arrangements with you, but they will not be in conflict with other provisions of these terms and conditions.
11.4. Breach of Terms and Conditions | Termination of Contract
11.4.1. You may terminate the contractual relationship in writing at any time without notice. A termination by the Nerobin Jewelry GmbH is only possible with a notice period of two weeks, provided that the cancellation is not done because of important reasons. Termination without notice by the Nerobin Jewelry GmbH and exclusion from participation in the program can be made with good and important cause with effect in the future. An important reason exists in particular when a serious violation occurs by a member against these terms and conditions or terms and conditions outlined elsewhere, such as, the program documents or communication mediums of the program, or aforementioned rules for the Status and Reward Program of CLICCESSORY. The same applies to material misstatement, harassing or damaging behavior towards staff or other customers of Nerobin Jewelry GmbH or a partner company. Further claims (especially compensation claims) shall remain unaffected. In the cases mentioned above, the Nerobin Jewelry GmbH has the right to refuse or terminate an existing Status, unilaterally, without notice, as provided by these Terms and Conditions of the Status program. In the cases mentioned above, the Nerobin Jewelry GmbH also reserves the right to terminate your account. The power to block or freeze your account also exists in situations of objective suspicions with regards existence of good cause, and for a period that is required to properly investigate the facts surrounding a Participant claim arising from such freezing of an account. After a declaration of termination by the Nerobin Jewelry GmbH, the renewed participation in the CLICCESSORY Status and Reward program is not permitted. For the settlement of the following termination these terms and conditions shall continue to apply.
11.4.2. In the case of an ordinary termination by the Participant, through the Nerobin Jewelry GmbH, the Status Points remain valid for a period of six months after receipt of the notice, unless an earlier expiration occurs. In the case of a justified termination without notice by the Nerobin Jewelry GmbH, the status points expire upon receipt of the notice of termination.
11.4.3. The Nerobin Jewelry GmbH reserves the right to adjust the CLICCESSORY Status and Award program at any time or replace it with a different program and to terminate the membership contracts. For such terminations, the number 11.5.1 and 11.5.2 will have appropriate application.
12. Warranty | Liability
12.1. For claims that you have due to defects of the delivered goods, the statutory provisions shall apply. Damages due to a defect can be invoked only by considering the following rules.
12.2. We shall be liable without limitation for intent and gross negligence. In the event of a slightly negligent breach of a primary obligation or a collateral duty, the breach of which endangers the purpose of the contract or whose fulfillment is essential to the proper execution of the contract and which the customer was entitled to rely on ("essential accessory obligation"), our liability is limited to foreseeable damages, as typically limited. We are not liable for the negligent breach of contractual obligations, which do not belong to the essential accessory obligations
12.3. The liability for fraudulent concealment of defects, or in the case of a warranty and liability for claims under the Product Liability Act, and for damages resulting from injury to life, body or health, shall remain unaffected. You shall not be bound by a change in the burden of proof which is to your detriment.
12.4. With the exception of claims arising from tortious acts, your claims for damages for which liability is limited under this paragraph is regulated as lasting one year for the purposes of the statutory limitation period.
12.5. Insofar as our liability is excluded or limited, this also applies to the personal liability of employees, workers, co-workers, representatives and agents.
13. Data Protection | Consent for Usage
As our claim is so high to the standards of the quality of the product of Bisazo BERLIN, it is therefore also important for us that when you are online at any time that you feel safe when shopping and know exactly how your data is collected and used. We adhere strictly to the legal provisions of the Federal Data Protection and Telemedia Act and wish to inform you below about our data security.
Nerobin Jewelry GmbH
Hackescher Markt 4
FAX +49 30 5770 465 – 2
However, this does not apply to the data necessary to process your order. Upon receipt of your objection, we will no longer use the affected data for purposes other than to process your order, prepare it and deliver it, as well as the discontinuation of sending advertising material to you.
You can save this privacy statement on your computer or simply print it from the menu on your browser.
In accordance with statutory requirements, and in consideration of your respective interests which merit protection through the exclusion of the Transfer or use of credit data. We can share and ask for a credit check to SCHUFA 65203 Wiesbaden and other credit bureaus with orders and credit data. For first time orders we use other credit data and address data to estimate the risk of payment default, in some instances, this may not be undertaken by us. Furthermore, address data and order data are collected and processed for our own marketing purposes. Data is only passed for other marketing purposes, where permitted by law (generally published in lists and certain summarised data according to § 28 paragraph 3 S.2 and S.4 Federal Data Protection Act).
Information on this website about the surfing behavior of website visitors is collected and stored for marketing purposes in an anonymous format. This data is stored using so-called "cookie" text files on your computer and allow us to analyze browsing behavior in an anonymous format. For example, from which city a website visitor comes, uses what browser type and what the operating system of the web site visitor is and which pages he has visited on the website. In no instance can the data obtained be used to identify visitors to this website personally. The data collected is only used to improve the service. Therefore, all IP addresses will be shortened so that IP addresses are processed only in an anonymous format. Therefore, any other use or disclosure to third parties does not occur.
Declaration of Consent
13.3. Personal Recommendations
www.cliccessory.com/.de will display personalized recommendations. These are based on items that you have previously viewed, searched or purchased on our website. This of course will be stored anonymously in a cookie. Your personal information such as Name, date of birth and address are not stored. A positive identification of your identity is therefore not possible. If you do not want your previously viewed products to be stored anonymously, you can opt-out by contacting datenschutz(at)cliccessory.com. Please note that if you opt-out we can no longer offer you tailored product recommendations.
13.4. Social Plugins
On www.cliccessory.com/.de social plugins from Facebook and Google are used to make the offer of CLICCESSORY even more individual. For this we use the "Like-me" function. It involves offers of U.S. companies Facebook Inc. (1601 S. California Ave, Palo Alto, CA 94304, USA) and Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). If you use the function on our site, your browser makes a connection to Facebook or Google and the contents are loaded from these sites. Your visit to www.cliccessory.com / .de can possibly be tracked by Facebook and Google even if you do not actively use the function. If you have an account with Facebook or Google, you can use such a social plug-in and can share information with your friends. The Nerobin Jewelry GmbH has no influence on the contents of the plug-ins and the transmission of information. On its website, Facebook and Google provide detailed information about the extent, nature, purpose and processing of your available data. Here you will also find further information on your rights and settings options for protecting your privacy.
By logging out of your social network accounts and deleting set cookies, you can avoid Facebook and Google collecting information about you during your visit to www.cliccessory.com/.de.
Our portal uses so-called Internet retargeting. This allows it to target internet users with advertisements that they have already shown an interest in whilst browsing through our products in our online store. From studies, we know that the display of personalized, interest-based advertising is more interesting for users and customers than advertising, which has no such personal reference. The display of advertising materials when retargeting is based on a cookie-based analysis of previous user behavior. Of course, no personal data is stored either, and also, the use of retargeting technology is carried out in accordance with applicable data protection legislation.
14. Image Rights
All image rights belong to the Nerobin Jewelry GmbH or its affiliates. Use without explicit permission is prohibited.
15. Update of the General Terms and Conditions and Participant Terms and Conditions of the CLICCESSORY Status and Rewards program
We want and need to keep our provisions up to date in order to guarantee you the highest level of security and transparency when shopping online.
We therefore reserve the right, to unilaterally change the present terms and conditions of participation and contractual relationship established with you, if adaptation to changing technical and/or legal framework should be necessary or can be eliminated by subsequently resulting equivalent disorders. Of course, we will inform you of any change. These modifications become part of the contract if you have not objected to us within six weeks after receipt of amendments from us.
16. Applicable Law | Jurisdiction
The applicable law is exclusively German law. If the customer has no general jurisdiction in Germany, the jurisdiction is Berlin, Federal Republic of Germany. In addition, it can be at the customer’s general place of jurisdiction or at any other place which has legal jurisdiction to take judicial claims.
17. Severability Clause | Effectiveness
If individual provisions in the above regulations should prove to be ineffective in whole or in part, the validity of the remaining provisions shall remain unaffected. The ineffective provision shall be replaced by a provision that achieves the intent and purpose of the ineffective clause in a legally effective manner. The same applies to possible legal loopholes.