General Terms and Conditions

Translation notice: This English version of our Terms of Use is a translation provided as a customer service. In case of doubt, only the current German version shall apply.

Welcome to the website www.fjf-jewellery.com (hereinafter referred to as the "Website").

PLEASE READ THE FOLLOWING TERMS OF USE OF THE WEBSITE (HEREINAFTER THE "TERMS OF USE") CAREFULLY BEFORE USING OUR WEBSITE.

These Terms of Use govern access to and use of the Website and of the content and services available through the Website (the "Services").

Use of the Website and the Services requires full acceptance of these Terms of Use and of all policies and rules, including but not limited to the Privacy Policy, as well as acknowledgement of their respective binding content. If you (the "User") do not agree to be bound by these Terms of Use and to comply with all applicable laws, you should not continue to use the Services.

FJF reserves the right to amend these Terms of Use from time to time at its own discretion. Please read these Terms of Use regularly. Use of the Website and the Services after such changes constitutes your full acceptance of the revised Terms of Use. If you do not agree to the revised Terms of Use, please stop using the Website and the Services.

1. Legal Notice

1.1 The Website and its content are designed, operated and managed by FJF Jewellery GmbH, Hauptplatz 16, 3300 Amstetten, Austria (hereinafter "FJF", "we", "us", "our").

1.2 Purchases made by customers via the Website are processed by FJF Jewellery GmbH, Hauptplatz 16, 3300 Amstetten, Austria.

2. Minimum Age

2.1 The Services are generally not intended for persons under the age of eighteen (18) (or the respective age of majority in the User's country of origin).

3. Electronic Services

3.1 Certain parts of our Services may need to be provided via electronic communication channels (e.g. email, SMS, telephone).

3.2 You agree that we may contact you by SMS, email or other electronic means regarding Service-related issues, and you acknowledge that the use of mobile services may, in some jurisdictions, result in charges billed to you by your network operator and that you are responsible for these charges.

4. Intellectual Property Rights

4.1 The terms "Website" and "Material" refer, by way of example, to the software design, implementation and use of the Website, the layout, structure and organisation of the Website's content, and any material reproduced therein and/or made available to the public, in particular the collection and organisation of data and information, photos, images, illustrations, texts, video clips, musical compositions, audio clips, designs, devices, logos, trademarks or any other material reproduced and/or made available via this Website (the "Material").

4.2 All Material on this Website, in whole or in part, including, for example, trademarks, domain names, designs and models, patents and copyrights, is protected and is the sole property of FJF. All rights reserved worldwide.

4.3 All trademarks, trade names, logos and other distinctive designs and signs reproduced on the Website, whether registered or not, are trademarks or service marks of FJF. All domain names used on and/or associated with the Website are the property of FJF, which manages them worldwide.

4.4 This Website is intended exclusively for private, personal and non-commercial use, and the Material on this Website is presented for information and/or advertising purposes only.

4.5 Except where reproduction is for personal, non-commercial use, it is not permitted to reproduce, publish, disclose, transmit, make available to the public, republish, distribute, display, remove, delete, add to or otherwise modify, create and/or use derivative works of, or in any case create works from, sell or participate in the sale of this Website, in whole and/or in part, in any form and/or manner and for any purpose. If FJF should grant written permission to download or copy materials or software, the User does not acquire any rights, title or interest in the materials or software through such downloading or copying.

4.6 FJF is fully committed to maintaining, enforcing and protecting its rights and property throughout the world and to firmly combating infringements, in order to ensure that all rights and property are preserved to the greatest extent and fully respected. Any use not expressly permitted by these Terms of Use is prohibited. The absence of any legal action by FJF, whether judicial or extrajudicial, does not constitute consent to or tolerance of breaches of these Terms of Use of the Website and/or the infringement of intellectual property rights owned by and/or available to FJF.

5. Submitted Material

5.1 You acknowledge and agree that all suggestions, projects, ideas, concepts, photos, contributions or other content and materials (with the exception of personal data) submitted to FJF via this Website or otherwise (the "Submitted Material") will not be treated as confidential. By submitting the Submitted Material, you grant FJF a royalty-free, non-exclusive, worldwide right to copy, reproduce, publish, disclose, distribute or otherwise use the Submitted Material, in whole or in part, for the entire term of protection for advertising, promotional or product development purposes.

5.2 FJF is not and will not in future be obliged: (i) to treat the Submitted Material as confidential; (ii) to pay any compensation for or in connection with the use of the Submitted Material; (iii) to respond to the submission of the Submitted Material and/or to confirm its receipt.

5.3 You represent and warrant without restriction that the Submitted Material does not infringe any statutory and/or contractual rights of third parties, including, for example, copyright, trademarks, patents, trade secrets, confidentiality and other property or personality rights.

5.4 By submitting the Submitted Material, you acknowledge FJF's right, but not obligation, to copy, reproduce, publish, disclose, distribute or otherwise use this Submitted Material or parts thereof for any purpose, including, for example, advertising, promotion, product development or other commercial purposes, without granting you or any third party a right to compensation in any case. You are and remain fully responsible for the content of the Submitted Material.

5.5 FJF reserves the right to reject or delete Submitted Material for any reason or no reason, including Submitted Material that, in our discretion, violates these Terms of Use, is offensive or illegal, infringes the rights of any person or entity, or impairs or threatens the safety of any person or entity.

6. Links to Other Websites

6.1 This Website may contain links to other websites. FJF has no control over these websites and is not responsible or liable for the accessibility of third-party websites or for their content.

6.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not in any way constitute an endorsement of these websites, information, products or services by FJF and should not be interpreted as such. Any questions or comments regarding these websites should be directed to the respective operator.

6.3 You are not permitted to frame this Website on another website.

7. Authenticity of "FJF" Branded Products

7.1 The products advertised on the Website under the FJF brand are made from the finest materials and are authentic.

8. Disclaimer of Warranties

8.1 TO THE EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS CONTENT AND SERVICES ARE PROVIDED FREE OF CHARGE ON AN "AS IS" AND "AS AVAILABLE" BASIS. FJF MAKES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS CONTENT OR SERVICES, INCLUDING, FOR EXAMPLE, THAT IT WILL BE AVAILABLE AT ALL TIMES, WITHOUT INTERRUPTION OR MALFUNCTION, THAT IT IS PROTECTED AGAINST MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR), OR THAT IT IS SUITABLE FOR A PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES.

8.2 FJF IS COMMITTED TO ENSURING THAT THE INFORMATION PROVIDED ON THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER, FJF CANNOT GUARANTEE THE ACCURACY OF THIS INFORMATION OR THAT THIS INFORMATION IS FREE OF ERRORS OR OMISSIONS, AND FJF GIVES NO GUARANTEE AND ACCEPTS NO LIABILITY IN THIS RESPECT. FJF RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENT OF THE WEBSITE AT ANY TIME WITHOUT PRIOR NOTICE AND WITHOUT ANY LIABILITY.

9. Limitation of Liability

9.1 SOME COUNTRIES DO NOT ALLOW THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY, IN WHOLE OR IN PART, AND WHERE REQUIRED BY APPLICABLE LAW, THE CONTENT OF THIS SECTION MAY NOT APPLY TO YOU.

9.2 AS THE SERVICES ARE PROVIDED FREE OF CHARGE, YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED VIA THE WEBSITE. BY USING THE WEBSITE, YOU ASSUME ALL RISKS ASSOCIATED WITH SUCH USE AND TAKE FULL RESPONSIBILITY FOR ANY FAILURE OF USE, LOSS OF DATA AND COSTS RELATING TO ALL NECESSARY SERVICING AND MAINTENANCE OF HARDWARE AND/OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.

9.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO AGREE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, REPRESENTATIVES, EMPLOYEES OR PARTNERS LIABLE IN ANY WAY FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE, THE SERVICES, THEIR CONTENT, OR ANY LINKED WEBSITE, OR THE USE OF OR INABILITY TO USE THEM.

9.4 IT IS UNDERSTOOD THAT NOTHING IN THESE TERMS OF USE (I) EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY WILFUL MISCONDUCT; AND/OR (II) OUR LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

9.5 Should such a limitation of liability be challenged and upheld, FJF's liability shall in any case be limited to EUR 50.00 (fifty).

10. Indemnification

10.1 Where permitted by applicable law, you agree to indemnify us and all our subsidiaries and affiliated companies, as well as their respective officers, representatives, partners and employees, against any losses, liabilities, claims or demands, including reasonable legal fees, asserted by third parties arising from or in connection with any use of the Website and the Services in breach of these Terms of Use and/or any breach of these Terms of Use and/or any breach of your representations and warranties set out herein, and/or where material transmitted via the Services gives rise to our liability towards third parties.

11. Applicable Law

11.1 These Terms of Use and all non-contractual obligations arising from or in connection with the Terms of Use are governed by and shall be interpreted in accordance with Austrian law (without regard to its conflict-of-law rules), unless otherwise provided by the mandatory local legislation of your place of residence. All disputes arising from or in connection with these Terms of Use or non-contractual obligations arising from or in connection with the Terms of Use shall be subject to the exclusive jurisdiction of the Austrian courts or the jurisdiction of the courts of your place of residence, where provided for by applicable law.

12. Data Protection

12.1 Before uploading or providing personal data on this Website, please read the Privacy Policy carefully. Unless an opt-in is required under applicable data protection laws, by uploading or providing personal data on the Website you agree to be bound by our Privacy Policy.

13. Language

13.1 Our General Terms and Conditions for the use of the Website
have been translated into English as a customer service. In case of doubt, only the current German version shall apply.


Privacy Policy

Translation notice: This English version of our Privacy Policy is a translation provided as a customer service. In case of doubt, only the current German version shall apply.

Statement in accordance with the information obligations under the GDPR

The protection of your personal data is very important to us. We therefore process your data exclusively on the basis of the statutory provisions (GDPR, Austrian Telecommunications Act TKG 2003). In this privacy information, we inform you about the most important aspects of data processing in the context of our website.

Contacting us
If you contact us via the form on the website or by email, the data you provide will be stored by us for six months for the purpose of processing your enquiry and in case of follow-up questions. We will not pass on this data without your consent.

Data storage in the online shop
Please note that, for the purpose of simplifying the purchasing process and for subsequent contract processing, we store the IP data of the connection owner by means of cookies, as well as the name and address of the buyer.
The data you provide is required to fulfil the contract or to carry out pre-contractual measures. Without this data, we cannot conclude the contract with you. No data is transferred to third parties, with the exception of transfer to the transport/shipping company commissioned by us for the delivery of the goods and to our tax adviser for the fulfilment of our tax obligations.
If the purchasing process is cancelled, the data stored by us will be deleted. If a contract is concluded, all data from the
contractual relationship will be stored until the expiry of the statutory retention period for tax purposes (7 years).
In addition, the data name, address, goods purchased and date of purchase will be stored until the expiry of product liability (10 years).
Data processing is carried out on the basis of the statutory provisions of § 96 (3) TKG and Art. 6 (1) (a) (consent) and/or (b) (necessary for the performance of a contract) GDPR.

Cookies
Our website uses so-called cookies. These are small text files that are stored on your device with the help of your browser. They do no harm.
We use cookies to make our website user-friendly. Some cookies remain stored on your device until you delete them.
They enable us to recognise your browser on your next visit.
If you do not want this, you can set up your browser so that it informs you about the setting of cookies and you only allow this in individual cases.
Deactivating cookies may limit the functionality of our website.

Web analytics
Our website uses functions of the web analytics service Google Analytics by Google Inc., USA. For this purpose, cookies are used which enable an analysis of how users use the website. The information generated in this way about your use of this website is usually transferred to a Google server in the USA and stored there. You can prevent this by setting up your browser so that no cookies are stored.
We have concluded a corresponding data processing agreement with the provider.
Your IP address is recorded but immediately pseudonymised by deleting the last 8 bits. This means that only an approximate localisation is possible. The relationship with the web analytics provider is based on an adequacy decision of the European Commission ("Privacy Shield").
Data processing is carried out on the basis of the statutory provisions of § 96 (3) TKG and Art. 6 (1) (a) (consent) and/or (f) (legitimate interest) GDPR.
Our concern within the meaning of the GDPR (legitimate interest) is the improvement of our offering and our website. As the privacy of our users is important to us, user data is pseudonymised.

Privacy policy for the use of Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. If IP anonymisation is activated on this website, however, your IP address will first be shortened by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with further services related to website and internet use. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by adjusting your browser software accordingly; however, please note that in this case you may not be able to use all functions of this website to their full extent. You can also prevent the collection of data generated by the cookie and relating to your use of the website (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available at the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

Privacy policy for the use of Mouseflow

We use Mouseflow, a web analytics tool provided by Mouseflow ApS, Flaesketorvet 68, 1711 Copenhagen, Denmark. Mouseflow allows us to record the behaviour of visitors on our website (e.g. mouse movements, clicks, scrolling). The aim is to improve the user-friendliness of our website.

Processing is based on Art. 6 (1) (a) GDPR (consent) and, where applicable, Art. 6 (1) (f) GDPR (legitimate interest in analysing user behaviour to optimise our offering).

The data collected is stored in pseudonymised form. Mouseflow does not record keystrokes in form fields containing sensitive data.

You can find further information in Mouseflow's privacy policy: https://mouseflow.com/legal/privacy-policy/

You can deactivate the recording at any time, e.g. via our consent banner or using the following opt-out link: https://mouseflow.com/opt-out/.