Terms and Conditions

These terms and conditions apply to all contracts for the purchase of jewelry and commissioned pieces concluded between Andrea Janosik, 386 Gregory Rd, West Palm Beach, FL 33405, USA (the “Seller”) and you as the customer via the website andreajanosik.com, by email or on the basis of an inquiry sent through the contact form.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A trader is a natural or legal person who, when concluding the contract, acts in the exercise of their trade, business or profession.

Deviating terms of the customer do not become part of the contract unless the Seller expressly agrees to them in writing.

The presentation of jewelry on the website is not a legally binding offer but a non-binding presentation. All pieces are handmade one-offs or small series; deviations in size, surface and color from the pictures are inherent to the materials and do not constitute a defect.

Inquiry and offer: Via the inquiry form or by email you can ask about the availability, price and delivery time of a piece, or request a commissioned piece. The Seller will then send you an offer by email stating description, price, shipping costs, delivery time and payment method. The contract is concluded when you accept this offer by email within the period stated in it, or otherwise within 14 days.

Ordering via the website: Where the website offers a shopping cart, you place the desired pieces in the cart, enter your details and submit a binding offer by clicking the “Order with obligation to pay” button. Before submitting you can review and correct all entries. The automatic confirmation of receipt merely documents that your order has arrived. The contract is concluded when the Seller accepts your order by a separate order confirmation sent by email or by dispatching the goods, and at the latest upon dispatch.

The Seller stores the text of the contract and sends it to you together with these terms by email. The contract languages are German, English and Slovak.

For commissioned pieces (made or adapted to your specifications, such as size, material, engraving or design), the Seller agrees the scope, price and production time with you in advance by email. The Seller may request a deposit of up to 50% of the price; production begins once the deposit has been received.

Commissioned pieces are made according to your wishes and are clearly tailored to your personal needs. There is no right of withdrawal for them (see section 9).

All prices are stated in US dollars (USD) unless another currency is expressly indicated. As the Seller is established outside the European Union, no EU value added tax is shown.

Shipping costs are stated separately in the offer or before you submit your order and depend on the destination country, shipping method and insurance.

The goods are imported from a third country into the EU or your destination country. Customs duties, import VAT and carrier fees may be charged on import. These charges are not included in the price and are paid by you as the recipient to the customs authority or the carrier. Their amount depends on the destination country and cannot be influenced by the Seller. On request, the Seller will share the information known to her before the contract is concluded.

The available payment methods are stated in the offer or during the ordering process (for example bank transfer, PayPal or credit card via a payment service provider). The purchase price is due upon conclusion of the contract; for commissioned pieces as set out in section 3.

The goods are dispatched after the full amount has been received. Bank and currency conversion fees of your payment provider are borne by you.

Delivery is made by insured parcel shipping to the delivery address you have provided. The delivery time is stated in the offer or with the piece; if no time is stated, it is up to 21 days after receipt of payment for available pieces. Customs clearance and postal transit times to the destination country may extend the delivery time.

For consumers, the risk of accidental loss or deterioration of the goods passes upon handover to you. For traders, the risk passes upon handover to the carrier.

If a piece cannot be delivered because it has meanwhile been sold or a material is no longer available, the Seller will inform you without delay and refund any payments already made without undue delay.

The goods remain the property of the Seller until payment has been made in full.

The statutory warranty rights apply. For consumers habitually resident in the European Union, at least the mandatory provisions of the law of their country of residence apply, in particular the two-year warranty period from handover.

The jewelry is handmade from oxidized sterling silver, leather, resin and other materials. Small irregularities, natural changes in oxidation and signs of wear are typical of the materials and do not constitute a defect. Care instructions are enclosed with every shipment; damage caused by improper handling, water, chemicals or force is excluded from the warranty.

Please report transport damage and defects as soon as possible by email to aj@andreajanosik.com so that a quick solution can be found. Your statutory rights remain unaffected.

Consumers habitually resident in the European Union have the following right of withdrawal.

Instructions on withdrawal

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party named by you who is not the carrier, take possession of the goods.

To exercise your right of withdrawal, you must inform us (Andrea Janosik, 386 Gregory Rd, West Palm Beach, FL 33405, USA, email: aj@andreajanosik.com, phone: +1.242.424.4331) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us (Andrea Janosik, 386 Gregory Rd, West Palm Beach, FL 33405, USA) without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods; for a return from the EU to our seat outside the EU, we estimate these costs, including insurance, at up to USD 80.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Exclusion of the right of withdrawal: The right of withdrawal does not apply to contracts for the supply of goods that are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or that are clearly tailored to the personal needs of the consumer (commissioned pieces, adaptations and engravings made to customer specifications).

If you wish to withdraw from the contract, please fill in this form and send it back.

To: Andrea Janosik, 386 Gregory Rd, West Palm Beach, FL 33405, USA Email: aj@andreajanosik.com

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / for the provision of the following service (*): Ordered on (*) / received on (*): Name of consumer(s): Address of consumer(s): Signature of consumer(s) (only if this form is notified on paper): Date:

(*) Delete as appropriate.

The Seller is liable without limitation for intent and gross negligence and for damage resulting from injury to life, body or health. In cases of slight negligence, she is liable only for the breach of essential contractual obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose observance you may regularly rely; in that case liability is limited to the foreseeable damage typical of the contract.

Mandatory statutory liability provisions, in particular under product liability laws, remain unaffected.

Contracts between the Seller and you are governed by the law of the Commonwealth of The Bahamas, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer habitually resident in a member state of the European Union, this choice of law does not deprive you of the protection afforded by the mandatory consumer protection provisions of your country of residence (Art. 6(2) of Regulation (EC) No 593/2008, Rome I). Those provisions continue to apply in your favor. Jurisdiction for consumers is likewise governed by the mandatory statutory rules; in particular, you may bring proceedings at your place of residence.

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. If you have questions or complaints, please contact the Seller directly by email; she will endeavor to find an amicable solution.

Should individual provisions of these terms be wholly or partly invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.

The version of these terms published on the website at the time the contract is concluded applies; the version is indicated above with its date.