Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal and Voluntary Return Policy
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Retention of Title
7. Liability for Defects (Warranty) and Guarantee
8. Liability
9. Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications
10. Redeeming Promotional Coupons
11. Redeeming Gift Certificates
12. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “GTC”) of F.M. LUXURY COLLECTIONS LTD (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These Terms and Conditions apply mutatis mutandis to contracts for the delivery of gift certificates, unless otherwise specified.

1.3 For the purposes of these Terms and Conditions, a “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial activities nor to their self-employed professional activities.

1.4 For the purposes of these General Terms and Conditions, a “business entity” is a natural person, a legal entity, or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or self-employed professional activities.

2) Conclusion of the Contract

2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but are intended to enable the Customer to submit a binding offer.

2.2 The customer may submit an offer using the online order form integrated into the seller’s online store. After adding the selected items to the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding offer to enter into a contract for the items contained in the shopping cart by clicking the button that finalizes the order process.

2.3 The seller may accept the customer's offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the customer’s receipt of the order confirmation is decisive, or
• by delivering the ordered goods to the customer, in which case the date the goods are received by the customer is decisive, or
• by requesting payment from the customer after the customer has placed an order.

If more than one of the aforementioned alternatives applies, the contract is concluded at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the close of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If you select a payment method offered by PayPal, payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full, or—if the customer does not have a PayPal account—subject to the Terms for Payments Without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.

2.5 If the “Amazon Payments” payment method is selected, payment processing is handled by the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), in accordance with the Amazon Payments Europe Terms of Use, available at https://pay.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, the customer simultaneously issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares its acceptance of the customer’s offer at the moment the customer initiates the payment process by clicking the button that completes the ordering process.

2.6 When a customer submits an offer via the Seller’s online order form, the Seller will store the contract text after the contract is concluded and send it to the customer in writing (e.g., via email, fax, or letter) after the customer submits their order. The Seller will not make the text of the contract available in any other way. If the customer has created a user account in the Seller’s online store before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the appropriate login credentials.

2.7 Before submitting a binding order via the Seller’s online order form, the Customer can identify any potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Various languages are available for entering into the contract. The specific language options are displayed in the online store.

2.9 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at that address. In particular, if the customer uses spam filters, they must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of Withdrawal and Voluntary Return Policy

3.1 Consumers generally have a statutory right of withdrawal.

3.2 Further information regarding the statutory right of withdrawal—in particular, the exceptions to this right for goods manufactured to the customer’s specifications (Section 312g(2)(1) of the German Civil Code (BGB))—as well as the consequences of withdrawal, can be found in the seller’s separate notice of withdrawal.

3.3 Regardless of the statutory right of withdrawal, the Seller grants consumers a voluntary right to return and exchange certain product categories that goes beyond the requirements of the law. The specific conditions, time limits, and any applicable costs are set forth as follows:

• Ready-to-Ship & Standard Jewellery (e.g., Promise Rings, Clover Collection): Returns accepted within 30 days of receipt, in full and free of charge.
• Engagement Rings (Custom-Made): Free exchange or refund (minus a 20% processing fee) within 60 days of receipt.
• Wedding Bands & Memoire Rings (Custom-Made): Excluded from the voluntary right of return and exchange.
• Custom-made items & special requests: Excluded from the voluntary right of return and exchange.

Full details, including return shipping costs and the return process, are described in the cancellation policy and on the seller’s returns page. This voluntary right does not in any way limit the consumer’s statutory rights, in particular the right of cancellation and warranty claims.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs related to the transfer of funds may also apply even if the delivery is not being made to a country outside the European Union, but the customer is making the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller's online store.

4.4 If payment in advance by bank transfer has been agreed upon, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If the “SOFORT” payment method is selected, the payment transaction is processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “SOFORT,” the customer must have an online banking account that has been activated for use with “SOFORT,” must authenticate their identity during the payment process, and must confirm the payment instruction to “SOFORT.” The payment transaction is then processed immediately by “SOFORT,” and the customer’s bank account is debited. The customer can find more detailed information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.

4.6 If a payment method offered through the “Shopify Payments” payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered through Shopify Payments are disclosed to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

4.7 If a payment method offered through the “mollie” payment service is selected, payment processing is handled by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter: “mollie”). The specific payment methods offered through “mollie” are displayed to the customer in the seller’s online store. To process payments, “mollie” may use additional payment services, which may be subject to specific payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about “mollie” is available online at https://www.mollie.com/de/.

4.8 If a payment method offered through the “Stripe” payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The specific payment methods offered through Stripe are displayed to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions; the customer will be notified of these separately, if applicable. Further information about Stripe is available online at https://stripe.com/de.

4.9 If the “Purchase on Account” payment method is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 days of the invoice date, without any deductions, to Klarna AB, Sveavägen 46, 11134 Stockholm, Sweden (www.klarna.de), unless otherwise agreed. The “purchase on account” payment method is subject to a successful credit check by Klarna AB. If, following the credit check, the customer is authorized to use the “purchase on account” payment method, the payment will be processed in cooperation with Klarna AB, to whom the seller assigns its payment claim. In this case, the customer may make payment with discharging effect only to Klarna AB. In all other respects, the General Terms and Conditions of Klarna AB apply, which the customer can access during the ordering process. The seller reserves the right to offer “purchase on account” only up to a certain order volume and to decline this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of the applicable payment restriction in the payment information provided in the online store.

4.10 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to conduct a credit check and to decline this payment method if the credit check is negative.

4.11 If you select a payment method offered through the “Klarna” payment service, payment processing is handled by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). For more information and the terms and conditions of 

5) Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing system shall be decisive for the transaction.

5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s withdrawal policy shall apply to the costs of returning the goods.

5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally does not pass to the customer until the goods are handed over to the customer or to an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the freight forwarder, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, the carrier, or the other person or entity designated to carry out the shipment, and the seller has not previously identified this person or entity to the customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper supply to the Seller. This applies only if the Seller is not responsible for the non-delivery and has entered into a specific offsetting transaction with the supplier with due care. The Seller will make every reasonable effort to procure the goods. In the event that the goods are unavailable or only partially available, the Customer will be notified immediately and the purchase price will be refunded without delay.

5.5 Pickup by the buyer is generally not permitted. In individual cases, it may be allowed upon prior written agreement with the seller.

5.6 Coupons are provided to the customer as follows:

– by email

6) Retention of Title

If the seller makes an advance delivery, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty) and Guarantee

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

7.1 If the customer is acting as a business,

• the seller may choose the method of subsequent performance;
• For new goods, the statute of limitations for claims arising from defects is one year from the date of delivery of the goods;
• For used goods, claims for defects are excluded;
• The statute of limitations does not start anew if a replacement delivery is made under the warranty for defects.

7.2 The limitations on liability and shortened time limits set forth above do not apply

• for the customer's claims for damages and reimbursement of expenses,
• in the event that the seller fraudulently concealed the defect,
• for goods that, when used in the manner in which they are normally intended, were used in a structure and caused its defectiveness,
• regarding any obligation the seller may have to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3 Furthermore, with respect to business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

7.4 If the customer is acting as a consumer, he or she is asked to file a complaint with the delivery service regarding any goods delivered with obvious shipping damage and to notify the seller of this. Failure to do so shall have no effect on the customer’s statutory or contractual claims for defects.

7.5 In addition to the statutory warranty for defects, the Seller offers a voluntary, lifetime warranty against material and workmanship defects for jewellery made of solid gold and platinum. This warranty is in addition to the customer’s statutory warranty rights and does not limit them in any way. The exact terms, scope, exclusions, and the process for claiming this warranty are described in detail on the Seller’s separate warranty page.

8) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims—including tort claims—for damages and reimbursement of expenses as follows:

8.1 The seller shall be fully liable on any legal grounds

• in cases of willful misconduct or gross negligence,
• in the event of intentional or negligent injury to life, body, or health,
• based on a warranty promise, unless otherwise specified in this regard,
• due to mandatory liability, such as under the Product Liability Act.

8.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damages typical for this type of contract, unless unlimited liability applies in accordance with the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Seller, based on its content, to achieve the purpose of the contract; the fulfillment of which is essential for the proper performance of the contract; and on the observance of which the Customer may regularly rely.

8.3 In all other respects, the seller’s liability is excluded.

8.4 The foregoing liability provisions also apply with respect to the Seller’s liability for its agents and legal representatives.

9) Special Terms and Conditions for the Processing of Goods According to Specific Customer Specifications

9.1 If, under the terms of the contract, the Seller is obligated not only to deliver the goods but also to process them according to the Customer’s specific specifications, the Customer must provide the Seller with all content required for such processing—such as text, images, or graphics—in the file formats, formatting, image sizes, and file sizes specified by the Seller, and must grant the Seller the necessary rights of use for this purpose. The customer is solely responsible for procuring this content and acquiring the necessary rights to it. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, the customer shall ensure that this does not infringe any third-party rights, including, but not limited to, copyrights, trademark rights, and personality rights.

9.2 The Customer shall indemnify the Seller against any claims that third parties may assert against the Seller in connection with an infringement of their rights resulting from the Seller’s use of the Customer’s content in accordance with the contract. The Customer shall also bear the necessary costs of legal defense, including all court and attorney’s fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obligated to provide the Seller immediately, truthfully, and completely with all information necessary to assess the claims and mount a defense.

9.3 The Seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates any legal or regulatory prohibitions or is contrary to public decency. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

10) Redeeming Promotional Coupons

10.1 Coupons issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the customer (hereinafter “Promotional Coupons”), may only be redeemed in the Seller’s online store and only during the specified period.

10.2 Promotional coupons may only be redeemed by consumers.

10.3 Certain products may be excluded from the coupon promotion if the terms of the promotional coupon specify such a restriction.

10.4 Promotional coupons can only be redeemed before the order process is completed. They cannot be applied retroactively.

10.5 Only one promotional coupon may be redeemed per order.

10.6 The value of the merchandise must be at least equal to the amount of the promotional coupon. The seller will not refund any remaining balance.

10.7 If the value of the promotional coupon is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the remaining balance.

10.8 The balance of a promotional coupon will not be paid out in cash, nor will it accrue interest.

10.9 The promotional coupon is non-refundable if the customer returns goods paid for in whole or in part with the promotional coupon under their statutory right of withdrawal.

10.10 The promotional coupon is transferable. The seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the seller’s online store. This does not apply if the seller is aware of—or is grossly negligent in failing to be aware of—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

11) Redeeming Gift Certificates

11.1 Gift certificates that can be purchased through the Seller’s online store (hereinafter “Gift Certificates”) may only be redeemed in the Seller’s online store, unless otherwise specified on the gift certificate.

11.2 Gift certificates and any remaining balance on gift certificates may be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer’s account until the expiration date.

11.3 Gift certificates can only be redeemed before the order process is completed. They cannot be applied retroactively.

11.4 Only one gift certificate may be redeemed per order.

11.5 Gift certificates may only be used to purchase merchandise and not to purchase additional gift certificates.

11.6 If the value of the gift certificate is not sufficient to cover the order, one of the other payment methods offered by the seller may be selected to pay the remaining balance.

11.7 The balance on a gift certificate will not be paid out in cash, nor will it accrue interest.

11.8 The gift certificate is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the gift certificate in the Seller’s online store. This does not apply if the Seller is aware of—or is grossly negligent in failing to recognise—the respective holder’s lack of entitlement, legal incapacity, or lack of authority to act on behalf of another.

12) Alternative Dispute Resolution

The seller is not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.

As of February 22, 2026