Terms and Conditions - FoFo Jewelry & Gemstones in Munich
1. General
1.1. About FoFo and the Terms of Sale
These Terms of Sale apply to all sales of products or services by FoFo GmbH that you order on our website https://shop.fofo.de or through one of their mobile or digital applications containing an express reference to these Terms of Sale, or by telephone via our website.
By placing an order, you agree to the Terms of Use and the Privacy Policy, the provisions of which form an integral part of these Terms of Sale. If you do not agree to our Terms of Sale, you cannot place orders for products or services through the distribution channels. These Terms of Sale do not apply to the purchase of our products and services in one of our FoFo stores.
1.2. Offered Goods / Formation of the Contract
The jewelry and watches offered are used and are in a condition corresponding to their age and history. Any defects have been taken into account in the price.
The items offered by FoFo Fochtmann ́s Forum GmbH on the internet or by other means of telecommunications represent sales offers. The contract is concluded between the buyer and the provider. In the case of "Buy", the contract is concluded with the valid acceptance of the sales offer by the buyer. The information provided by Fochtmann ́s Forum GmbH regarding the offered jewelry, gemstones, and watches is non-binding.
1.3. FoFo Fochtmann ́s Forum GmbH
(hereinafter the provider of jewelry, gemstones, and watches) processes purchase requests/orders in the form of an online website under the portal www.fofo.de on the basis of the General Terms and Conditions (GTC) as well as the "Information Obligations for Distance Contracts" including the corresponding "Declaration of Withdrawal". The Fochtmann ́s Forum GmbH www.fofo.de website offers used jewelry and watches from private to private in its own name, but for the account of the consignor (consignment contract and purchase contract between FoFo Fochtmann ́s Forum GmbH /provider and consignor).
1.4. Update of the Terms of Sale
We may amend these Terms of Sale from time to time, so we ask you to check them regularly so that you are aware of updates. The latest version of these Terms of Sale can always be accessed via the platforms. Every new version of these Terms of Sale takes effect immediately upon publication and applies to all product or service orders placed from that time onward. All changes to the Terms of Sale made after placing an order will not affect that order and your relationship with us, unless required by applicable law.
1.5. Persons Entitled to Purchase
Only natural (and not legal) persons who (a) have reached the age of legal majority required for entering into contracts (eighteen years in most countries), (b) have the legal capacity required to enter into contracts, and (c) use a shipping address in a country or countries where we deliver (which will be described in more detail in the distribution channels), can order products through the distribution channels. If you are legally a minor or cannot legally enter into contracts for any other reason, a parent or legal guardian must place an order in your name and be asked to agree to these Terms of Sale.
By placing an order through the distribution channels, you declare and warrant that you are a bona fide end user or end customer who is purchasing products or services for their own or other personal use.
1.6. Availability of Jewelry, Watches, and Other Services
Your order(s) are subject to availability. The products displayed on our website are always only available once, as they are jewelry and watches from private to private. We can search for a piece of jewelry or watch(es) of your choice by prior arrangement. However, we cannot guarantee that we will find anything. It may happen that there are overlaps between an online purchase and a physical purchase (in person in the store), cancellation of the goods, or incorrect description of the desired goods. We assume no liability for this. All sizes, prices (e.g., ring sizes), and weights (grams and carats) are subject to reservation unless otherwise described (e.g., GIA expertise, etc.) and input errors.
2.0. Prices, Taxes, and Shipping Costs
All prices of the listed jewelry and watches on our website are inclusive of the applicable differential taxation, as they are used jewelry and watches from private to private. The sale of the jewelry and watches listed on the website is without shipping costs. A VAT refund upon entry into a country outside the EU is not possible.
Other taxes and costs (e.g., customs duties when shipping to Switzerland) are not included in the sale price. Such a process must be discussed directly with us by telephone, email, or post.
2.1. Shipping Costs for Shipments Within Germany
We ship jewelry and watches after we have received payment. Unless otherwise requested, we ship with a special carrier for high-value jewelry and watches (e.g., Parcel Broker and ProSegur). This service is provided within one business day after consultation of the exact delivery period. Usually from Mon - Fri 9 a.m. to 12 p.m. and 12 p.m. to 6 p.m. Delivery on Saturday is possible. The costs amount to €40 to €75 (Euros) for shipments up to an insurance value of €25,000. For shipments to the German islands (e.g., Sylt, Norderney, Helgoland, etc.), other shipping rates and delivery times apply. Shipments with a higher insurance value are of course possible. We reserve the right at any time to change prices and delivery costs at any time without prior notice.
2.2. Shipping Costs for Shipments Outside Germany (Worldwide)
The respective shipping costs to the corresponding country will be agreed with you as needed and per order. See point 2.0.
3.0. Expertise
There is the option to have your gemstone(s) graded according to the rules of the International Diamond Council (IDC) in a diamond testing laboratory and/or color stone testing laboratory.
The shipping costs and the costs of creating the expertise are to be borne by the consignor/seller.
The costs of the expertise are based on the increasing size/carat weight of the respective gemstone. The logistics (packaging and shipping) of the round-trip transport is handled by FoFo Fochtmann ́s Forum GmbH.
4.0. Payment
We accept the payment methods listed within the framework of the ordering process through the distribution channels. Depending on the payment method, we may ask you for additional information, including certain forms of identification (e.g., passport, ID card, or other required identification documents).
When placing your order via ww.fofo.de, you must enter your corresponding payment details into the corresponding form. If you wish to order by telephone, you will be asked for your payment details by an employee. To avoid errors, you may then be asked to submit your complete payment details by postal or digital means. If the card issuer refuses to authorize us, you must take care of solving the problem. This can be, for example, a transaction limit set by the bank for EC cards to protect you in case of loss and data theft.
Regarding other payment methods, checks may be carried out regarding validity and approval by the payment system providers. You expressly authorize us to carry out security checks to the extent we deem them necessary, as well as to occasionally transmit or obtain information about you to third parties or from third parties, including, but not limited to, the details of your payment card, to confirm your identity, as well as to validate your payment card, to obtain initial authorization of the payment card, and to authorize individual purchase transactions.
The full amount of your purchase will be blocked on your payment card until your order has been shipped. At this time, you will receive an order and shipping confirmation, and your payment card will be charged with the respective purchase price. We accept transfers from your bank account to ours. We can confirm receipt of an order to be settled by bank transfer, however, the order will only be processed when the payment has been received and confirmed by us by email, telephone call, or fax. If no payment is received in our bank account by transfer within five (5) days after placing the order, your order will be canceled. Please indicate the item number on the bank transfer.
In those cases where we offer PayPal/PayPal Express/Alipay/WeChatPay/iDeal as a payment method, the total amount of your purchase will be due immediately after placing the order. An advance payment does not affect your statutory rights in accordance with these Terms of Sale (including, for example, a right to a refund). If we cannot fulfill our shipping and/or delivery obligations set out below, we will notify you by email and immediately refund the advance payment.
4.1. Secure Payment
If we offer it, you can pay for your order by credit card - or payment card.
All credit card holders are subject to validity checks and approval by the card-issuing institution. If the issuer of your payment card refuses to approve the payment to FoFo Fochtmann ́s Forum GmbH, you must contact your card-issuing institution directly to solve this problem, and FoFo Fochtmann ́s Forum GmbH is not liable for delays or non-delivery.
5.0. Receipt Confirmation of Your Order
As soon as you have made your choice and placed your order through the distribution channels, you will receive a written receipt confirmation of your order (by email or otherwise to confirm the details of your order together with an order number). Please make sure that this order number is kept for future inquiries regarding your order. This receipt confirmation of your order does not constitute an acceptance of your order. For the purpose of order confirmation, we carry out the usual credit checks, fraud prevention checks, security checks, and associated legal checks, and only after this do we process your order, subject to their acceptance. Upon receipt of the receipt confirmation of your order, you bear the responsibility to check it and confirm that it exactly corresponds to the order you requested.
6.0. Delivery
After positive receipt of funds through your selected payment method in our account, we will arrange the shipment as quickly as possible. See point 2.1.
If you wish to have your order shipped to a different address, please let us know. Likewise, a delivery time window and the desired date for your delivery. The delivery includes a corresponding case/bag/bag for each piece of jewelry. If stated, e.g., for watches, "with box and papers", the original box with the associated papers is included. If a piece of jewelry is described by an expertise (e.g., DPL, DSEF, GIA, HRD, SSEF, etc.), the corresponding expertise is attached to the shipment.
7.0. Invoice(s)
The invoice for your purchase at www.fofo.de is attached to the delivery to you. If you purchase multiple pieces of jewelry and watches, you will receive an invoice for each individual item. Upon request, your name and address will be on this invoice.
8.0. Returns and Exchanges
a.) Right of Withdrawal
You have the right to cancel the contract concluded by our written order confirmation without stating reasons within fourteen (14) days from the time that you or a person designated by you (except the carrier) physically come into possession of the products of your order. If you are a customer residing in the European Union or the European Economic Area and have completed the purchase through the distribution channels, it is considered your statutory right that you can withdraw from the contract. To comply with the period to be observed for withdrawals from the contract, it is sufficient that you withdraw from the contract before the expiration of the withdrawal period.
To cancel the contract as well as return your product(s), you can contact us via the withdrawal form. The use of the withdrawal form (model cancellation contract) is not mandatory. You can also send us an unambiguous declaration such as a letter by post, fax, or by email to the following address:
FoFo Fochtmann ́s Forum GmbH
Kardninal- Faulhaber Str. 15
D - 80333 Munich
Tel.: +49 (0)89 22 40 96
Fax.: +49 (0)89 29 16 21 87
info@fofo.de
b.) Return Process
The products purchased through the distribution channels - can be returned to us after exercising the right of withdrawal. Upon return, we will refund the paid amount through the same payment method we received it. For return shipping, see point: 2.1.
c.) Condition of Returned Products
Upon receipt, we check whether the returned product is in order. i.e. whether gemstones were exchanged and/or damaged, whether there are damages indicating negligence in handling, etc.
We reserve the right not to accept the return if the product shows signs of wear, was used, or was in any way altered from its original condition.
All our products are subject to a strict inspection. i.e. each product is examined for authenticity, workmanship, material (or alloy). The offered jewelry and watches are used and are in a condition corresponding to their age and history. Any defects have been taken into account in the price. This is to be observed in any case. In the case of a return by the buyer, everything must be handed over completely as the buyer received it from us.
In case of a violation of these Terms of Sale, we are entitled to refuse the acceptance of the returned product and return it to you at your expense.
d.) Refund
You can return a product purchased through the distribution channels for the purpose of a refund if the return meets these Terms of Sale and specifically (a) the right of withdrawal and (b) the return process set out above.
Only the buyer is entitled to receive the refund of the purchase price. Under no circumstances does a person who received the product as a gift (i.e. a "gift recipient") have a claim to receive a refund. If you are the recipient of a gift and wish to return a product, please contact a FoFo employee. There is the option, after consultation, to re-consign the product and re-deliver it under your name. This decision is at the discretion of FoFo Fochtmann ́s Forum GmbH.
After sale with an indefinite date, the written estimated consignment price will be paid out to you. (FoFo consignment contract).
9.0. Repair
Changes and repairs to jewelry and watches:
We are dealers of exclusive jewelry and watches from private to private. Please note that we cannot perform goldsmith work (size changes, reworking, repairs, and setting work) and watchmaker work (battery changes, service, watch straps, etc.).
FoFo does not cover repair costs.
10.0. Product Description
In the enclosed invoice you will find the detailed product description. In this, the "type" of the product is described (e.g., brooch, ring, watch, etc.), if available, the fineness of the material used (e.g., 750°°° yellow gold, etc.), the "brand" if available (e.g., Rolex, Cartier, Bulgari, etc.), as well as the type of the used gemstones and the indication of the respective carats. The indication of the estimate of the carats are "approximate" figures. These cannot be calculated 100% accurately in a processed piece of jewelry/watch (set condition). If a recognized expertise is available (e.g., DPL, DSEF, SSEF, HRD, GIA, etc.), the approximate "ca." indication is omitted. If not described otherwise by a recognized expertise, a color value is given for diamonds/brilliant-cut diamonds, which the gemstone meets. This is ensured by our in-house appraisers, gemmologists, and goldsmiths.
All watches for sale are checked by external watchmakers and/or directly by the respective company (brand). Only after passing this process may the watches be sold. On the invoice you will find the sentence: "No guarantee on movement and operation". i.e. we assume no liability for factory errors.
11.0. Limitation of Liability
To the extent permitted by applicable law, we reject and exclude all other provisions, terms, and warranties or guarantees regarding the Products and the distribution channels, whether provided for by codified law or otherwise expressly or implicitly, or arising from prior dealings, commercial practice, or custom.
Nothing in these Terms of Sale limits or excludes our liability for any claim to the extent that such limitation or exclusion cannot be limited or excluded under applicable law. Subject to the preceding sentence and in accordance with these Terms of Sale, our total liability to you for any order, whether based on contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damage, shall in no event exceed one hundred percent (100%) of the price of the Product(s) in your order.
Please note that in some jurisdictions, consumer protection laws may not permit the exclusion or limitation of certain warranties or liabilities, and thus the above exclusions and limitations may not apply in such cases.
12.0. Governing Law and Jurisdiction
These Terms of Sale are governed by the laws of the country in which the applicable selling company has its registered office, excluding conflict of laws rules, and shall be interpreted accordingly ("Applicable Law"). All disputes, controversies, or claims arising out of or in connection with these Terms of Sale, including the validity, invalidity, breach, or termination of the Terms of Sale, shall be settled by a court of competent jurisdiction or an arbitration tribunal in accordance with the Terms of Sale. If the Applicable Law differs from the mandatory consumer laws in your own country, we will grant you similar protection.
You may bring an action against us either in the courts of the country in which the applicable selling company has its registered office or in the courts of the country in which you reside. We may also bring an action against you in the courts of the country in which you reside.
Without prejudice to the possibility of legal action, you and FoFo shall first attempt to settle the dispute or reach an agreement amicably within thirty (30) days regarding the Product, the Terms of Sale, or any breach of these Terms.
