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Terms of service

Terms and Conditions

1. Scope

These Terms and Conditions apply to all contracts between you and Pukka Berlin GmbH – both to orders placed via our online shop and to purchases, custom-made pieces and repair orders in our stores and showrooms.

Our online shop is aimed exclusively at consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its trade, business or self-employed profession.

2. Contracting party, conclusion of contract, correction options

The purchase contract is concluded with Pukka Berlin GmbH. By listing products in the online shop, we make a binding offer to conclude a contract for these items. You can first place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order, using the correction tools provided and explained in the checkout process. The contract is concluded when you accept the offer for the goods in your shopping cart by clicking the order button. Immediately after submitting your order, you will receive a confirmation by e-mail.

For purchases, custom-made pieces and repairs in our stores and showrooms, the contract is concluded when you sign the order form or pay at the till. You will receive a copy of the order form or an order confirmation by e-mail.

3. Contract language, storage of the contract text

The languages available for concluding the contract are German and English. We store the contract text and send you the order details and our Terms and Conditions in text form. You can view the contract text in your customer account.

4. Delivery

Shipping costs may apply in addition to the stated product prices. You will find details on any shipping costs in the respective offers. You can also pick up your order at one of our stores or showrooms (Berlin Bikini Berlin, Berlin Torstraße, Düsseldorf, Munich – addresses and opening hours on our website). Section 5 applies to pick-ups.

5. Pick-up, storage and default of acceptance

5.1 As soon as your item – order, custom-made piece or repair – is ready for pick-up, we will let you know by e-mail or phone. Please pick it up within 6 months of this notification.

5.2 If you do not pick up the item within this period, we will send you a reminder in text form and set you a further deadline of at least 4 weeks. In doing so, we will point out the consequences set out in 5.3 to 5.6.

5.3 For the period of default of acceptance, we may claim reimbursement of the additional expenses we incur for storing and preserving the item (Section 304 German Civil Code, BGB).

5.4 Custom-made pieces that have not been paid in full: if the further deadline expires without result, we may withdraw from the contract and claim damages. We will offset any deposit paid against our damages. You remain entitled to prove that we have suffered no damage or less damage.

5.5 Items paid in full: if the further deadline expires without result, we may withdraw from the contract. In that case, we will refund the purchase price to you less the costs of storage (5.3) and any damage incurred, e.g. loss of value of engraved, adjusted or custom-made pieces. You remain entitled to prove that we have suffered no damage or less damage. Alternatively, we may deposit the item with the competent local court (Amtsgericht) (Sections 372 et seq. BGB); you bear the costs of the deposit (Section 381 BGB).

5.6 Repairs: until the repair has been paid for, we hold a lien on your piece of jewellery (Section 647 BGB). If payment is still not made after the further deadline has expired, we may realise the piece in accordance with the statutory provisions (Sections 1228 et seq. BGB), after having notified you of this at least one month in advance. We will pay out any surplus proceeds to you.

5.7 Your statutory rights remain unaffected.

6. Payment

For custom-made pieces, a deposit of at least 50% of the order value is due when the order is placed; the balance is due on pick-up or before shipping.

The goods remain our property until paid in full.

The following payment methods are generally available in our shop:

Credit card

When placing your order, you enter your credit card details. Once you have been verified as the legitimate cardholder, the payment is processed automatically and your card is charged.

PayPal

During checkout, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, log in with your credentials and confirm the payment instruction to us. After you place the order in the shop, we ask PayPal to initiate the payment. PayPal then processes the payment automatically. You will receive further information during checkout.

PayPal Plus

As part of the PayPal Plus payment service, we offer you various payment methods as PayPal services. You will be redirected to the website of the online provider PayPal, where you can enter your payment details and confirm the use of your data by PayPal and the payment instruction to PayPal. If you have chosen PayPal as your payment method, you must be registered there or register first and log in with your credentials in order to pay the invoice amount. PayPal processes the payment automatically immediately after you confirm the payment instruction. You will receive further information during checkout. If you have chosen credit card as your payment method, you do not need to be registered with PayPal. Immediately after you confirm the payment instruction and have been verified as the legitimate cardholder, your credit card company processes the payment at PayPal's request and your card is charged. You will receive further information during checkout. If you have chosen direct debit as your payment method, you do not need to be registered with PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. PayPal will inform you of the debit date (pre-notification). After submitting the direct debit mandate immediately following confirmation of the payment instruction, PayPal asks its bank to initiate the payment. The payment is processed and your account is debited. You will receive further information during checkout.

Sofort by Klarna

After placing your order, you will be redirected to the website of the online provider Sofort GmbH. To pay the invoice amount via Sofort, you need a bank account activated for online banking, must verify yourself accordingly and confirm the payment instruction to us. You will receive further information during checkout. Sofort then processes the payment immediately and your account is debited.

Apple Pay

To pay the invoice amount via Apple Pay, you must use the Safari browser, be registered with the service provider Apple, have activated Apple Pay, log in with your credentials and confirm the payment instruction. The payment is processed immediately after you place your order. You will receive further information during checkout.

Giropay

After placing your order, you will be redirected to your bank's website. To pay the invoice amount via Giropay, you need a bank account activated for online banking, must verify yourself accordingly and confirm the payment instruction to us. You will receive further information during checkout. The payment is then processed immediately and your account is debited.

Pay by invoice via Klarna

In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on invoice as a payment option. Please note that Klarna invoice is only available to consumers and that payment must be made to Klarna. When buying on invoice with Klarna, you receive goods that are in stock first and always have a payment period of 14 days. For goods on back order, the invoice is due after 30 days even if the product has not yet been delivered. You can find the full terms and conditions for purchase on invoice here.

Pay by invoice and financing via Klarna

In cooperation with Klarna AB (www.klarna.de), Sveavägen 46, Stockholm, Sweden, we offer purchase on invoice and instalment purchase as payment options. Please note that Klarna invoice and Klarna instalments are only available to consumers and that payment must be made to Klarna.

Klarna instalments

With Klarna's financing service, you can pay for your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least €6.95). Further information on Klarna instalments, including the terms and conditions and the Standard European Consumer Credit Information, can be found here.

Shopify Pay

We use the payment service provider "Shopify Payments", 3rd Floor, Europa House, Harcourt Building, Harcourt Street, Dublin 2. If you choose a payment method offered via Shopify Payments, payment is processed by the technical service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland, to whom we pass on the information you provided during checkout together with information about your order (name, address, account number, bank code, credit card number if applicable, invoice amount, currency and transaction number) in accordance with Art. 6(1)(b) GDPR. Your data is passed on solely for the purpose of payment processing with Stripe Payments Europe Ltd. and only to the extent necessary for this purpose. Further information on data protection at Shopify Payments can be found at: https://www.shopify.com/legal/privacy.
Data protection information on Stripe Payments Europe Ltd. can be found here: https://stripe.com/de/privacy

7. Transport damage

If goods are delivered with obvious transport damage, please report this to the delivery service as soon as possible and contact us without delay. Failing to report the damage or contact us has no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurance.

8. Warranty and guarantees

The statutory warranty rights apply. Information on any additional guarantees and their exact conditions can be found with the respective product and on dedicated information pages in the online shop.

Independently of the statutory warranty rights, we grant a voluntary two-year guarantee against manufacturing defects. This guarantee does not cover damage caused by improper use, normal wear and tear or your own fault.

Customer service: you can reach our customer service for questions, complaints and claims on weekdays from 11 am to 5 pm on +49 (0) 30 31199532 and by e-mail at service@pukkaberlin.com.

9. VAT on exports to non-EU countries

9.1 All prices in our online shop and in our stores are final prices and include statutory VAT. There is no entitlement to a refund of the VAT included in the purchase price. The tax exemption for exports in non-commercial travel (Section 6(3a) German VAT Act, UStG) is a provision in favour of the seller; we are under no statutory obligation to refund VAT.

9.2 For orders with a delivery address outside the European Union, German VAT is not charged during checkout. A refund is therefore neither necessary nor possible in these cases. Any import duties, customs and taxes incurred in the country of destination are borne by the buyer.

9.3 For orders with a delivery address within the European Union, a VAT refund is excluded. This also applies if the goods are later taken to a country outside the European Union and customs proof of this is provided.

9.4 When you buy in one of our stores, we take part in the tax-free procedure if you tell us before completing the purchase that your place of residence is outside the European Union. Customers resident within the European Union cannot take part in the procedure; what counts is your place of residence at the time of purchase, not your nationality. The required documents are completed together with you exclusively at the time of purchase and handed to you together with the receipt. You have the export confirmed by the competent EU customs office when crossing the border. The VAT is then paid out via the tax-free service provider we use, in accordance with its terms and fees; we do not pay it out ourselves.

9.5 A subsequent VAT refund is excluded if the procedure under 9.4 was not initiated at the time of purchase. Please therefore talk to us before you pay – we cannot refund VAT afterwards.

9.6 If we have doubts about the authenticity or completeness of the documents provided, we reserve the right to have them checked by the competent customs authority.

10. Liability

For claims based on damage caused by us, our legal representatives or vicarious agents, we are always liable without limitation

  • in the event of injury to life, body or health
  • in the event of intentional or grossly negligent breach of duty
  • in the case of guarantee commitments, where agreed, or
  • insofar as the scope of the German Product Liability Act applies.

In the event of a slightly negligent breach of essential contractual obligations – obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contracting party may regularly rely (cardinal obligations) – by us, our legal representatives or vicarious agents, liability is limited to the damage foreseeable at the time the contract was concluded and typically to be expected. Otherwise, claims for damages are excluded.

11. Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR), which you can find here. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.