Terms and Conditions
Terms and Conditions
Last updated: 7 October 2026
1. General Provisions
1.1.
These Terms and Conditions (“Terms and Conditions”) apply to orders, sales and deliveries of products (“Products”) offered and sold through the online shop at www.shop-armbruster.at.
The provider is:
Tiroler Schmuckkastl Armbruster KG
Innsbruckerstraße 22
6100 Seefeld in Tirol
Austria
Tel.: +43 5212 2317
Email: juwelier@armbruster.at
1.2.
The contract language is German.
2. Scope
2.1.
These Terms and Conditions apply where the purchaser is a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (KSchG) (“Customer”).
3. Amendments to the Terms and Conditions
3.1.
The Provider reserves the right to amend these Terms and Conditions. The Terms and Conditions applicable to the sale of Products are those in force at the time the purchase is concluded.
4. Customer Account
4.1.
To order Products, the Customer may create a customer account in the online shop. Creating a customer account requires the Customer to provide certain information.
Orders may also be placed without creating a customer account.
5. Order, Order Confirmation and Shipping Confirmation
5.1.
The ordering process consists of the following steps:
- selection of the desired goods;
- placing the goods in the shopping cart;
- entering personal information;
- selecting the payment method and delivery method;
- reviewing and, where necessary, correcting the order;
- submitting the binding order by clicking the button “Order with obligation to pay” or an equivalent wording.
5.2.
The Products and prices displayed in the online shop constitute an invitation to the Customer to submit a binding offer to purchase the Products from the Provider (“Order”).
By clicking the button labelled “Order with obligation to pay” or an equivalent wording, the Customer submits a binding Order to the Provider.
Images and representations of the goods are approximate unless expressly stated otherwise for the respective Product. Minor and objectively justified deviations, in particular in colour or appearance due to different screen settings, remain possible.
5.3.
The Provider will immediately send confirmation to the email address provided by the Customer that the Order has been received (“Order Confirmation”).
This Order Confirmation does not constitute acceptance of the Customer’s Order but merely confirms receipt of the Order by the Provider.
5.4.
Depending on the selected payment method, acceptance takes place at different times and in different forms:
- by sending an order acceptance confirmation by email, whereby the time at which the confirmation is received by the Customer is decisive;
- by dispatching the ordered goods to the Customer, whereby any shipping confirmation sent to the Customer shall be deemed to constitute acceptance of the Order. If no separate shipping confirmation is sent, receipt of the goods by the Customer shall be decisive;
- by sending a request for payment by the Provider.
5.5.
The Customer must ensure that all information provided in connection with an Order, in particular the information required for delivery, is complete, correct and up to date.
The Customer must notify the Provider without undue delay of any changes to this information.
6. Payment
6.1.
All prices are stated in euros and include VAT but exclude shipping costs unless otherwise stated.
Any applicable shipping costs will be displayed to the Customer before the Order is submitted.
6.2.
Payment may be made using the payment methods offered in the online shop.
These may include, in particular, credit card, EPS, Klarna, Apple Pay, Google Pay, PayPal and Shop Pay.
The payment methods actually available will be displayed to the Customer before the Order is completed.
6.3.
Shipping costs depend on the respective Order and will be displayed to the Customer before the Order is submitted and in the Order Confirmation.
7. Delivery
7.1.
The delivery methods available to the Customer are those specified by the Provider in the online shop.
7.2.
Any delivery dates stated by the Provider are based on the information provided by the appointed shipping service provider.
Unless a different delivery period is specified for the respective Products, delivery will take place no later than 30 days after conclusion of the contract.
7.3.
If a delivery date cannot be met due to force majeure, industrial action or other events beyond the Provider’s control, the delivery period will be reasonably extended for the duration of the impediment.
The Provider will inform the Customer as soon as possible of the beginning and end of such circumstances. The Customer may not derive any claims from a failure to provide such information.
7.4.
If the Customer is in default of accepting the Products, the warranty period shall commence in accordance with the applicable statutory provisions.
7.5.
If the Customer chooses to collect the goods in person, the Provider will inform the Customer by email when the ordered goods are ready for collection.
After receiving this email, the Customer may collect the goods from the Provider’s premises by prior arrangement.
No shipping costs are charged for collection in person.
8. Retention of Title
8.1.
The Products remain the property of the Provider until the purchase price and any additional costs, in particular shipping costs, have been paid in full by the Customer.
9. Delay by the Provider
9.1.
If the Provider is in delay in performing its obligations, the Customer must first request the Provider to perform within a reasonable additional period of two weeks.
If the Provider fails to perform within this additional period, the Customer may withdraw from the contract or continue to demand performance.
10. Statutory Warranty
10.1.
Tiroler Schmuckkastl Armbruster KG provides the statutory warranty in accordance with the applicable legal provisions.
For complaints, please contact:
10.2.
Where reasonable for the Customer, the Provider may request that defective Products be returned to the Provider. In such cases, the Provider shall bear both the risk of transport and the cost of returning the defective Products.
The Customer is requested to report any obvious transport damage to the delivery service and to inform the Provider accordingly.
Failure to do so will have no effect on the Customer’s statutory warranty rights.
11. Liability and Damages
11.1.
The Provider’s liability for damage caused by slight negligence is excluded, except in the case of personal injury and breach of essential contractual obligations.
Liability is also excluded for pure financial loss, loss of profit, damage suffered by third parties, indirect damage and consequential damage arising from defects.
The limitations or exclusions of liability set out in this Section 11 shall not apply where and to the extent that the Provider has acted with gross negligence or intent.
12. General Provisions
12.1.
Where Austrian law does not already apply due to the fact that this online shop is directed at the Austrian market, the exclusive application of Austrian law is agreed, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
12.2.
For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
12.3.
The Customer may set off claims against claims of the Provider only where the respective claims are legally connected, have been acknowledged by the Provider or have been established by a final court decision.
12.4.
The Customer is required to inform the Provider of any change of address.
If the Customer fails to notify the Provider of a change of address, any declaration sent by the Provider to the Customer’s most recently provided address shall nevertheless be deemed to have been received.
13. Right of Withdrawal
13.1.
Consumers have a statutory right of withdrawal in accordance with the Provider’s separate Information on the Right of Withdrawal.
The full information on the right of withdrawal and the model withdrawal form are available in the online shop under “Right of Withdrawal”.
13.2.
The Customer may also exercise the right of withdrawal using the “Withdraw from contract” button displayed in the online shop.
After submitting the online withdrawal declaration, the Customer will immediately receive confirmation on a durable medium, in particular by email, containing information about the content of the withdrawal declaration as well as the date and time on which it was received.
13.3.
In the event of a valid withdrawal, the Provider will reimburse all payments received from the Customer, including the cost of the least expensive standard delivery method offered by the Provider, in accordance with the applicable statutory provisions.
Any additional costs resulting from the Customer’s choice of a delivery method other than the least expensive standard delivery method offered by the Provider will not be reimbursed.
The Customer shall bear the direct cost of returning the goods.
14. Inspection of Goods and Diminution in Value upon Return
14.1.
During the withdrawal period, the Customer may inspect the goods to the extent necessary to establish their nature, characteristics and functioning.
14.2.
If handling of the goods beyond what is necessary for such inspection results in a diminution in their market value, the Customer shall be liable for that diminution in value in accordance with the applicable statutory provisions.
A diminution in value may arise in particular as a result of:
- damage or scratches;
- signs of wear, use or other traces of use;
- alterations, modifications or adjustments to the goods;
- missing components;
- missing accessories;
- missing original certificates, warranty cards, certificates of authenticity, boxes or other items forming part of the original delivery,
provided and to the extent that this results in an actual diminution in the market value of the goods.
14.3.
The Provider reserves the right to claim compensation, where permitted by law, up to the amount of the actual diminution in value and, where legally permissible, to take this amount into account when processing the reimbursement.
14.4.
Due to the potentially high value of the goods, the Customer is strongly advised to package the goods carefully and securely for transport and to use an insured and trackable shipping method appropriate to the value of the goods.
This recommendation is not a condition for the validity of the withdrawal.
15. Exclusion of the Right of Withdrawal
15.1.
The right of withdrawal does not apply, in particular, to goods made to the Customer’s specifications or clearly personalised to meet the Customer’s individual requirements.
This may apply in particular to jewellery individually made or personalised in accordance with the Customer’s wishes, provided that the statutory requirements for exclusion of the right of withdrawal are met.
