Terms of service

01

Seller and scope

The Hiyara online store at wearhiyara.com is operated by:

Marko Šimunić, trading as HIYARA
Peiner Straße 108
38176 Wendeburg
Germany
Email: hello@wearhiyara.com

These terms apply to purchases made through our online store by consumers. A consumer is a natural person acting for purposes predominantly outside their trade, business or profession. Additional seller contact information is provided in our Legal Notice.

These terms form part of a purchase contract only where they are made available and incorporated in accordance with applicable law. Merely browsing the website does not mean that you have concluded a purchase contract or consented to marketing.

02

Products and natural variations

The description, materials, dimensions, available variants and price shown for the selected piece form the basis of your order. Please review the product information before purchasing.

Our pieces are handmade and include natural stones. Variations in color, pattern and texture may occur where consistent with the product description. Screen settings and lighting can also affect how photographs appear.

These explanations do not permit us to substitute different materials or excuse a defect, an incorrect item, or a failure to meet the agreed product characteristics. Your statutory rights remain unaffected.

03

Placing an order and forming the contract

Product listings invite you to place an order; they are not themselves a binding offer by Hiyara.

Choose your piece and variant, add it to the cart, and continue to checkout. Before submitting, you can review and correct your items, quantity, delivery details and available payment and shipping choices. The checkout displays the total payable before you place your order.

By clicking the final payment-obligation button, you submit a binding offer to purchase the items shown in your order summary.

We accept your offer at the earliest of the following events: we send you an email expressly confirming acceptance of the order, we collect your payment, or we dispatch the goods. A payment authorisation or temporary reservation of funds alone is not collection of payment. An automated message that merely acknowledges receipt of your order is not acceptance unless it expressly states otherwise.

We will accept or decline your offer within two business days of receiving it. If we do not accept within that period, you are no longer bound by the offer. Any payment already collected constitutes acceptance as described above; any later cancellation must therefore have a lawful basis.

Before acceptance, we may decline an order, for example if an item is unavailable or we cannot verify payment. After a contract is formed, we do not have an unrestricted right to cancel it. Statutory rights concerning mistakes, non-payment and other lawful grounds remain unaffected.

04

Contract language and records

The contract language is the language of the store version through which you place your order (German or English), unless another contract language is expressly agreed before ordering.

We retain order and transaction records. Your order details are provided by email. You can save or print these terms and the information displayed during checkout before submitting your order, and retain the emails we send you.

If you need a copy of your order information or the terms applicable to your order, contact hello@wearhiyara.com. Access through a customer account depends on the account features available and is not required to exercise your consumer rights.

05

Prices and tax treatment

The price and currency applicable to your purchase are displayed before you submit your order. Shipping charges, if applicable, are shown separately. The checkout total includes any taxes that Hiyara is legally required to collect for the transaction.

For supplies qualifying for the German small-business exemption under Section 19 UStG, Hiyara applies the Kleinunternehmerregelung. Those supplies are exempt from German VAT, and German VAT is not separately charged or shown on the invoice. This exemption does not mean that every transaction in every destination country is exempt from tax.

For international orders, destination-country tax rules may apply. Import VAT, customs duties or delivery-partner clearance fees not collected at checkout may be payable on import where permitted by law. The Shipping Policy explains these charges.

06

Payment

The payment methods available for your order are displayed at checkout. Payment is handled through the selected payment provider, which may apply its own service terms.

The payment due date, any authorisation and the time of collection depend on the payment method and are explained during checkout. An unsuccessful payment does not entitle us to collect more than the agreed amount.

If you believe you have been charged incorrectly or more than once, contact us so we can investigate. Your rights to dispute an unauthorised payment remain unaffected.

07

Shipping and delivery

We dispatch from Germany to the destinations available at checkout. Shipping charges, free-shipping thresholds and delivery periods are set out in our Shipping Policy and any specific delivery information provided before ordering.

The total delivery periods in our Shipping Policy include preparation and transit. A different period for a particular item or destination must be stated before ordering.

For consumer purchases using a delivery service offered by Hiyara, the risk of loss or damage generally remains with us until you or a person you nominate, other than the carrier, receive the goods. The statutory exception for a carrier independently commissioned by you and not offered by us remains applicable.

Contact us if a parcel is delayed, damaged or marked delivered but has not been received. A carrier investigation does not suspend your statutory rights or applicable deadlines.

08

Withdrawal and voluntary returns

Consumers have a statutory right of withdrawal where provided by applicable law. For ordinary goods purchases covered by the EU withdrawal rules, the period is generally 14 days from receipt, subject to the applicable rules for delivery in multiple parts and any lawful exceptions.

Our Return and Refund Policy contains the withdrawal instructions, return address, reimbursement rules and model withdrawal form. A clear withdrawal statement does not require prior approval or a reason.

Hiyara also offers a separate voluntary 30-day return period on the conditions stated in that policy. Its condition and packaging requirements do not restrict statutory withdrawal rights.

Handmade production, ordinary size choices and a standard Hiyara brand engraving do not, by themselves, make a piece personalised for the purpose of excluding statutory withdrawal. Any lawful exception for genuinely personalised goods does not remove rights concerning faulty or misdescribed goods.

09

Faulty, damaged or incorrect goods

Your statutory rights concerning goods that are faulty, damaged, misdescribed or different from your order apply without being limited by our voluntary return period.

Contact hello@wearhiyara.com with your order details and a description of the problem. Photographs may help where reasonably available, but providing them, retaining original packaging or reporting within a short voluntary deadline is not a condition of your statutory rights.

Where the legal requirements are met, remedies may include repair or replacement, a price reduction or termination of the contract and reimbursement. We bear the necessary costs of statutory remedies as required by law.

10

Liability

Hiyara is liable in accordance with applicable statutory law.

Nothing in these terms excludes or limits liability where such exclusion or limitation is prohibited, including liability for intent, gross negligence, injury to life, body or health, or liability under applicable product-liability legislation.

Nothing in these terms restricts mandatory consumer rights or the remedies available under applicable law.

11

Website content and permitted use

Text, photographs, logos and other content on this website are protected by intellectual-property rights held by Hiyara or the relevant rights holders.

You may browse the website and save or print information needed for your purchase, records or exercise of consumer rights. Any statutory rights to use content remain unaffected. Other reproduction or commercial use requires permission where required by law.

You must not unlawfully interfere with the website, attempt unauthorised access or use it for fraudulent purposes. This does not restrict lawful complaints, reviews or the exercise of legal rights.

12

Privacy and Shopify services

Our store is hosted by Shopify. Shopify processes personal data when you visit or purchase from the store, including for enhanced services that may use information from interactions with Hiyara, other merchants and Shopify. Information may be shared with Shopify and relevant third parties in other countries.

Our Privacy Policy explains Hiyara’s processing, Shopify Network Intelligence, the relevant legal bases and your privacy choices. Shopify’s own processing is explained in its Consumer Privacy Policy; additional rights controls are available through the Shopify Privacy Portal.

Acceptance of purchase terms is not a substitute for consent to optional marketing or tracking.

13

Applicable law and consumer jurisdiction

These terms and purchase contracts are governed by German law. If you are a consumer habitually resident in another country, this choice does not deprive you of protections provided by mandatory provisions of the law that would apply in the absence of this choice.

Jurisdiction is determined by the applicable statutory rules. These terms do not require consumers to bring claims exclusively in Germany or waive any mandatory right to bring proceedings in their home jurisdiction.

14

Changes and contact

The version of these terms incorporated when your contract is concluded applies to that contract. Later website updates do not retrospectively change an existing purchase contract.

Individual agreements take precedence over these standard terms where applicable. If a provision is invalid, the consequences are determined by applicable law; it is not automatically replaced by whichever wording is most favourable to Hiyara.

For questions about these terms or your consumer rights, contact hello@wearhiyara.com. For delivery and order-status enquiries, you can also contact orders@wearhiyara.com.