1.1 These general terms and conditions ("Terms") of Emil Krack, trading as "Goldschmiede Krack" ("Seller"), apply to all contracts for the supply of goods that a consumer or a business ("Customer") concludes with the Seller for the goods presented in the Seller's online shop. Terms and conditions of the Customer do not become part of the contract unless expressly agreed otherwise.
1.2 These Terms apply accordingly to contracts for the supply of vouchers, unless something different is provided for them.
1.3 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or independent profession.
1.4 A business within the meaning of these Terms is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or independent profession when entering into a legal transaction.
2.1 The product descriptions in the Seller's online shop are not binding offers by the Seller. They are an invitation to the Customer to submit a binding offer.
2.2 The Customer can submit an offer using the order form in the Seller's online shop. After placing the selected goods in the shopping cart and going through the electronic ordering process, the Customer makes a legally binding offer to buy the goods in the cart by clicking the button that completes the order. The Customer can also submit an offer to the Seller by email, through the online contact form or by telephone.
2.3 The Seller can accept the Customer's offer within five days
If more than one of these applies, the contract is concluded at the moment the first of them occurs. The acceptance period begins on the day after the Customer sends the offer and ends at the end of the fifth day after it was sent. If the Seller does not accept the offer within this period, the offer is deemed to be rejected and the Customer is no longer bound by it.
2.4 If the Customer chooses a payment method offered by PayPal, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). The PayPal User Agreement applies, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or, if the Customer does not have a PayPal account, the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays with a PayPal payment method selected in the online ordering process, the Seller already now declares acceptance of the Customer's offer at the moment the Customer clicks the button that completes the order.
2.5 For orders placed through the Seller's online order form, the Seller stores the contract text after the contract has been concluded and sends it to the Customer in text form (e.g. email, fax or letter) after the order has been submitted. The Seller does not make the contract text available in any other way. If the Customer created a user account in the Seller's online shop before ordering, the order data is archived on the Seller's website and can be viewed free of charge in the Customer's password-protected account using the login details.
2.6 Before submitting a binding order through the online order form, the Customer can spot input errors by reading the information shown on the screen carefully. The browser's zoom function, which enlarges the display, can help to recognise input errors. The Customer can correct entries with the usual keyboard and mouse functions during the electronic ordering process until clicking the button that completes the order.
2.7 The contract can be concluded in different languages. The languages available are shown in the online shop.
2.8 Orders are usually processed automatically by email. The Customer must make sure that the email address given for processing the order is correct, so that emails sent by the Seller can be received at that address.
3.1 Consumers generally have a right of withdrawal.
3.2 Details of the right of withdrawal are set out in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at that time.
4.1 Unless the Seller's product description states otherwise, the prices shown are total prices including statutory VAT. Any additional delivery and shipping costs are shown separately in the product description.
4.2 For deliveries to countries outside the European Union, further costs may arise in individual cases for which the Seller is not responsible and which the Customer bears. These include, for example, charges of credit institutions for transferring money (e.g. transfer or exchange fees) and import duties or taxes (e.g. customs duties). Money transfer charges may also arise if the delivery is not to a country outside the European Union but the Customer pays from a country outside the European Union.
4.3 The available payment methods are shown to the Customer in the Seller's online shop.
4.4 If payment in advance by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
4.5 If the Customer chooses a payment method offered through the payment service "PayPal", payment is processed by PayPal, which may use third-party payment service providers for this. Where the Seller offers payment methods through PayPal for which the Seller performs in advance (e.g. purchase on invoice or payment in instalments), the Seller assigns its payment claim to PayPal or to the payment service provider engaged by PayPal and named to the Customer. Before accepting the assignment, PayPal or that payment service provider carries out a credit check using the customer data provided. The Seller reserves the right to refuse the selected payment method if the result of the check is negative. If the payment method is approved, the Customer must pay the invoice amount within the agreed payment period or at the agreed intervals. In that case the Customer can only pay to PayPal or to the payment service provider engaged by PayPal with discharging effect. Even after the assignment, the Seller remains responsible for general customer enquiries, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returned items, or credit notes.
4.6 If the Customer chooses the payment method "Sofortüberweisung" (instant bank transfer), payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden ("Klarna"). To pay by "Sofortüberweisung", the Customer needs an online banking account activated for this service, must identify themselves accordingly during payment and must confirm the payment order. Klarna then carries out the transaction immediately and debits the Customer's bank account. Further information on "Sofortüberweisung" is available at https://www.klarna.com/sofort/.
4.7 If the Customer chooses a payment method offered through the payment service "Shopify Payments", payment is processed by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland ("Shopify"). The individual payment methods offered through Shopify Payments are shown to the Customer in the Seller's online shop. Shopify may use other payment services to process payments, for which special payment terms may apply; the Customer will be informed of these separately where applicable. Further information on "Shopify Payments" is available at https://www.shopify.com/legal/terms-payments/de.
4.8 If the Customer chooses a payment method offered through the payment service "Apple Pay", payment is processed by Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered through Apple Pay are shown to the Customer in the Seller's online shop. Apple may use other payment services to process payments, for which special payment terms may apply; the Customer will be informed of these separately where applicable. Further information on Apple Pay is available at https://www.apple.com/apple-pay/.
4.9 If the Customer chooses a payment method offered through the payment service "Google Pay", payment is processed by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered through Google Pay are shown to the Customer in the Seller's online shop. Google may use other payment services to process payments, for which special payment terms may apply; the Customer will be informed of these separately where applicable. Further information on Google Pay is available at https://pay.google.com/about/.
4.10 If the Customer chooses a payment method offered through the payment service "Stripe", payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The individual payment methods offered through Stripe are shown to the Customer in the Seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply; the Customer will be informed of these separately where applicable. Further information on Stripe is available at https://stripe.com/.
4.11 If the Customer chooses a payment method offered through the payment service "Klarna", payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden ("Klarna"). Further information and Klarna's terms are available here: https://goldschmiede-krack.de/en/pages/zahlung-und-versand
4.12 If the Customer chooses payment by credit card via Stripe, the invoice amount is due immediately when the contract is concluded. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method if the result is negative.
5.1 If the Seller offers shipping, the goods are delivered within the delivery area specified by the Seller to the delivery address given by the Customer, unless agreed otherwise. The delivery address given in the Seller's order processing is decisive for the transaction. If the Customer pays with PayPal, however, the delivery address stored with PayPal at the time of payment is decisive.
5.2 If delivery fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the outbound shipping costs if the Customer validly exercises the right of withdrawal. If the Customer validly withdraws, the provisions of the Seller's withdrawal policy apply to the return costs.
5.3 If the Customer acts as a business, the risk of accidental loss and accidental deterioration of the goods passes to the Customer as soon as the Seller has handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the Customer acts as a consumer, this risk generally passes only when the goods are handed over to the Customer or a person authorised to receive them. By way of exception, the risk also passes to a consumer as soon as the Seller has handed the goods over to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment if the Customer commissioned that forwarding agent, carrier, person or institution and the Seller had not previously named it to the Customer.
5.4 If the Customer is a consumer based in Germany or a business, the Seller reserves the right to withdraw from the contract if the Seller itself is not supplied correctly or properly. This applies only if the Seller is not responsible for the non-delivery and has, with due care, concluded a specific covering transaction with the supplier. The Seller will make every reasonable effort to obtain the goods. If the goods are unavailable or only partly available, the Customer will be informed without delay and any consideration already received will be refunded without delay.
5.5 If the Seller offers collection, the Customer can collect the ordered goods at the address and during the business hours given by the Seller. No shipping costs are charged in this case.
5.6 Vouchers are provided to the Customer as follows:
If the Seller delivers before receiving payment, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.
The statutory provisions on liability for defects apply unless the following provisions state otherwise. By way of derogation, the following applies to contracts for the supply of goods:
7.1 If the Customer acts as a business,
7.2 The limitations of liability and shortened periods set out above do not apply
7.3 In addition, for businesses the statutory limitation periods for any statutory right of recourse remain unaffected.
7.4 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer is subject to the commercial duty to inspect and give notice of defects under Section 377 HGB. If the Customer fails to give the notice required there, the goods are deemed to be approved.
7.5 If the Customer acts as a consumer, the Customer is asked to report goods delivered with obvious transport damage to the carrier and to inform the Seller. If the Customer does not do so, this has no effect on the Customer's statutory or contractual claims for defects.
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
8.1 The Seller has unlimited liability on any legal ground
8.2 If the Customer is a consumer based in Germany or a business, the following limitations of liability apply:
If the Seller negligently breaches an essential contractual obligation, liability is limited to the damage that is typical for the contract and foreseeable, unless the Seller has unlimited liability under the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, whose fulfilment makes the proper performance of the contract possible in the first place, and on whose fulfilment the Customer may regularly rely. Otherwise the Seller's liability is excluded, unless the Seller has unlimited liability under the preceding clause.
8.3 The above provisions on liability also apply to the Seller's liability for its vicarious agents and legal representatives.
9.1 If, under the contract, the Seller owes not only the supply of goods but also their processing according to specifications given by the Customer, the Customer must provide the Seller with all content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the Seller, and must grant the Seller the rights of use required for this. The Customer alone is responsible for obtaining this content and the rights to it. The Customer declares and assumes responsibility for being entitled to use the content provided to the Seller, and in particular ensures that no rights of third parties are infringed, especially copyrights, trademark rights and personality rights.
9.2 The Customer indemnifies the Seller against claims that third parties 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. This includes the necessary costs of legal defence, including all court and lawyers' fees at the statutory rates. This does not apply if the Customer is not responsible for the infringement. If a claim is made by a third party, the Customer must promptly, truthfully and completely provide the Seller with all information needed to examine the claims and to defend against them.
9.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer violates statutory or official prohibitions or public morality. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, insulting, harmful to minors and/or glorifies violence.
10.1 Vouchers issued by the Seller free of charge as part of promotions with a limited period of validity, which cannot be purchased by the Customer ("promotional vouchers"), can only be redeemed in the Seller's online shop and only within the stated period.
10.2 Promotional vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the promotion if the content of the promotional voucher says so.
10.4 Promotional vouchers can only be redeemed before the ordering process is completed. They cannot be offset afterwards.
10.5 Only one promotional voucher can be redeemed per order.
10.6 If the promotional voucher is for a fixed amount rather than a percentage discount, the value of the goods must be at least the amount of the voucher. Any remaining balance is not refunded by the Seller.
10.7 If the value of the promotional voucher does not cover the order, the Customer can pay the difference with one of the other payment methods offered by the Seller.
10.8 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.
10.9 The promotional voucher is not refunded if the Customer returns goods paid for wholly or partly with it under the statutory right of withdrawal.
10.10 The promotional voucher may only be used by the person named on it and cannot be transferred to third parties. The Seller is entitled, but not obliged, to check whether the holder of the voucher is actually entitled to it.
11.1 Gift vouchers can only be redeemed before the ordering process is completed. They cannot be offset afterwards.
11.2 If the value of the gift voucher does not cover the order, the Customer can pay the difference with one of the other payment methods offered by the Seller.
11.3 The balance of a gift voucher is neither paid out in cash nor does it bear interest.
11.4 Gift vouchers are transferable. The Seller can perform with discharging effect to the holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller knows, or through gross negligence does not know, that the holder is not entitled, lacks legal capacity or lacks authority to represent.
12.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.
12.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at that time.
The Seller is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
Last updated: 23 September 2026
