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General Terms and Conditions of Diamant Agentur GmbH (As of 18.12.2018)
§ 1 Scope of Application
The following conditions apply to all contracts concluded between the seller, Diamant Agentur GmbH (in the following: Seller), Zimmersmühlenweg 62 in 61440 Oberursel, and buyer/customer that are deemed to have been expressly accepted when placing an order. A buyer or customer is any individual that concludes a legal transaction for a purpose that cannot be described as a commercial business activity.
§ 2 Subject Matter of the Contract
The contract regulates the purchase and sales by the seller and buyer through the online platform www.diamantagentur.de, especially diamonds and jewelry. Contractual languages are German and English only.
§ 3 Conclusion of the Contract
3.1 The offered range of products in the online shop of Diamant Agentur GmbH are without obligation. That is, the offered products are an invitation to place an order. The procedure of the ordering process is as follows: After choosing the product by clicking the button “add to basket” you get to the details page of the product. Then you start the order process by clicking the button “checkout”. After providing your billing and shipping address you enter the payment details. Before finalizing the purchase the customer gets to review his selection and has the opportunity to cancel or change it. The button “buy” completes the purchase and represents a binding contractual offer by the client (purchase offer by the client). The purchase offer can also be submitted by telephone, fax or email. Diamant Agentur GmbH will thereafter confirm the order. The initial receipt confirmation of the order is not yet the binding acceptance of the order. Diamant Agentur GmbH can accept the buyers offer by sending an order confirmation or delivering the goods within 5 days. The confirmation of receipt of payment alone does not constitute an acceptance of the contract by the seller.
3.2 Order details, terms and conditions are not stored in Diamant Agentur GmbH´s system. Please ensure that you print the confirmation email or save it otherwise as it will contain the order details and terms and conditions.
§ 4 Shipping and Prices
4.1 In case the offered products are not available Diamant Agentur GmbH can withdraw from the contract and will immediately transfer the advance payment back to the buyer´s bank account. The seller does not bear the procurement risk. Neither party shall be liable for any delay or failure to perform any obligation to the other if such delay or failure shall be caused by an event or contingency beyond its reasonable control, irrespective of the nature thereof, however, the delaying party shall endeavor to correct such delays as soon as reasonably practicable.
4.2 Post office boxes are excluded from delivery. Furthermore, delivery to large institutions like hospitals – in which the personal receipt of the package cannot be guaranteed – is excluded from delivery. If the Seller delivers the goods to a third party (company, hotel reception etc.) at Customer's request, the passing of risk and of charges within the meaning of Section 446 German Civil Code (BGB) is deemed to have been effected as soon as delivery to the third party has taken place.
4.3 The prices of the offered products at www.diamantagentur.de include VAT. Shipping costs are included within Germany. Shipping to EU countries costs 25 €, shipping to Switzerland 75 €. Express delivery can only be arranged on request.
4.4 The seller can withdraw from the contract in case the client does not take the ordered product after a reasonable deadline. In this case the seller is entitled to ask for compensation. Furthermore, in this time the client bears the risk of accidental loss or accidental deterioration of the goods – except in case the client makes use of his right of cancellation.
4.5 The client is responsible for providing the correct personal contact and shipping information and has to ensure that these are valid and functioning. Potential additional costs as a result of wrong personal data can be imposed on the client.
4.6 Loose diamonds that are delivered in a sealed box should not be uncased. This would damage the sealing and possibly the diamond as well. Furthermore, the necessary re-sealing by a gemological institute and the re-checking of the stone – depending on the diamond quality - can cost up to 200 €.
§ 5 Payment
5.1 Not paying the money owed within two weeks after receiving the receipt of the purchase order results in default of payment. In this case the interest of four points above the base of the European Central Bank apply. Default of payment may result in default charges of 5 €.
5.2 Payment methods are:- Advance payment by bank transfer- Payment by PayPal- Cash (according to prior agreement)
5.3 In case the chosen diamond or jewelry is not available, was wrongly priced or the client uses his right of cancellation Diamant Agentur GmbH will immediately transfer the money back to the same bank account or PayPal account. The seller reserves the right to exclude payment methods in individual cases. Invoices are immediately due. Delivery time is defined by the time from receipt of payment to delivery of the goods to the client.
§ 6 Warranty
6.1 Statutory rights apply.
6.2 In case the goods show defects the client is entitled to remedy of a defect or subsequent performance in terms of deliver replacement. In the event that neither prove successful the buyer is entitled to a reduction in price or withdrawal from the contract. Negligible defects do not result in a reduction of price nor in the withdrawal. Excluded herein is compensation for defects caused by improper use. Diamant Agentur GmbH will only grant compensation if the damage is a result of gross negligence or deliberate intent. Statutory rights are not affected by these exclusions.
6.3 The risk of accidental loss or deterioration of the goods is transferred to the client (or his representative) on delivery of the goods – regardless if the shipping was insured or not.
6.4 The warranty for used goods is one year.
§ 7 Additional Warranty Conditions for Entrepreneurs
7.1 In deviation from the statutory warranty rights the following conditions apply:The risk of accidental loss or deterioration of the goods is transferred to the buyer already upon handing over the parcel to the delivery service/agent. Warranty claims are only valid for one year. In the event of defects Diamant Agentur GmbH can choose between remedy of a defect or delivering replacement.
7.2 In case of obvious defects the entrepreneur has to declare them immediately and in writing. The burden of proof is bears the entrepreneur.
§ 8 Liability
8.1 Diamant Agentur GmbH has unlimited liability for injury to life, body and health due to intentional or negligent breach of duty. For property and financial damages we are liable, unless the latter are caused intentionally or by gross negligence.
8.2 In the event of a breach of cardinal obligations (material contractual obligations) Diamant Agentur GmbH is liable for property damage and financial loss in case of slight negligence. The compensation is limited to the typical damage to be expected at the time of closing the agreement.
§ 9 Right of Cancellation
Consumers are entitled to a right of cancellation in distance selling contracts according to § 355 BGB. The statutory cancellation period is fourteen days. In deviation from this regulation Diamant Agentur GmbH grants a cancellation period of 30 days. The consumer´s power of revocation is outlined accordingly: The client has the right to cancel the contract in writing (letter, email, fax) within 30 days without stating reasons or by returning the item concerned. The cancellation period starts with the receipt of this notification of your right of cancellation but not prior to receiving the goods by the customer or his/her representative. In order to cancel the contract the customer has to direct the notice of cancellation to:Diamant Agentur GmbHZimmersmühlenweg 62 in 61440 Oberursel, Deutschland. Telefon: 06171-9893363 Fax: 032223-945519 email@example.comThe customer may use the attached example form to let us know about your decision to cancel the contract, however, the use of this form is not compulsory. It is sufficient to send the form within the cancellation period.Consequences of cancellationIf the customer cancels the contract, Diamant Agentur GmbH will transfer all payments received back to the customer´s bank account within fourteen days after receipt of the cancellation notice including the shipping cost (excluding additional shipping cost due to the customer´s personal preference of any other shipping option other than standard shipping).The same PayPal or bank account from which the payment originates will be used for the transaction if not otherwise agreed upon. Diamant Agentur GmbH will not charge the customer any fees for transferring the money back. The money can be held back until the goods were returned. The customer has to return the goods within fourteen days after sending the cancellation notice. Important here is the date of sending the shipment, not the delivery at Diamant Agentur GmbH. The customer bears the cost of sending the goods back. The customer will have to compensate for a possible loss in value of the goods only in case the decline in value was caused by improper usage by the client. This shall not apply if the relevant deteriorated condition was due to simple trial use as if conducted in a store.Notice: The cost for sending the goods back may depend on the location, the packing, the weight and the value of the package. At www.ups.com one can calculate the cost for returns. Alternatively one can use www.gallewerttransporte.de for additional shipping options. Excluded from the right of cancellation are individualized products with engravings and custom-made products.
§ 10 Retention of title
All delivered goods remain the seller´s property until fully paid. § 11 Final ProvisionsGerman law applies whereas the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The place of jurisdiction for all legal disputes originating from this contract is Bad Homburg if the customer is a commercial business, legal entity under public law, a person without a place of residence or a customer whose place of residence is unknown at the time that the lawsuit is filed. The additional right to appeal to courts of another legal place of jurisdiction shall remain unaffected.In case individual provisions of these terms and conditions are fully or partially invalid, the validity of the remaining provisions stays unaffected.
An example letter for your right of cancellation you find here.
(Wenn Sie den Vertrag widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es zurück.)
Diamant Agentur GmbH, Zimmersmühlenweg 62 in 61440 Oberursel, Deutschland.
Telefon: 06171-9893363 Fax: 032223-945519 Email: firstname.lastname@example.org
Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den
Kauf der folgenden Waren (*)/die Erbringung der folgenden Dienstleistung (*)
Bestellt am (*)/erhalten am (*) ____________________________________
Name des/der Verbraucher(s) ____________________________________
Anschrift des/der Verbraucher(s) __________________________________
Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)
(*) Unzutreffendes streichen.