Terms & Conditions (T&Cs)
I. Scope of applicationAll deliveries and services from current and future business relations are based exclusively on the following terms & conditions as well as any separate contractual agreements. Any differing terms & conditions of purchase on the part of the buyer shall not become part of the content of the contract, even in the event of the acceptance of an order. Their inclusion is expressly rejected.
II. Conclusion of the contract
The purchase contract is concluded with DIAMONDAS Bvba. The presentation of the products in the online shop does not represent any legally binding offer but rather a non-binding online catalogue. An offer to buy can be placed by phone as well as by fax, by email or by means of the ordering system integrated into the seller's online shop. By clicking the "place binding order" button you are submitting a binding order for the goods included in the shopping cart. The confirmation of the receipt of the order will occur immediately after the order has been sent but still does not represent any acceptance of a contract. We can accept your order by sending an order confirmation by email within five days. If the buyer desired individual consultation then the buyer can use a contact form available for download from the online shop to specify the budget and request to be personally contacted. In such a cash the seller will make a non-binding presentation to the buyer of a product corresponding to the buyer's budget specifications. By placing the order the buyer is submitting his/her offer to buy the specific product and the seller can accept this by sending an order confirmation in writing or by email.
III. Prices and shipping costs
The prices at the time the order is placed by the buyer shall apply, provided that the parties have not agreed to any other arrangements. All prices include any applicable statutory VAT at the current time, which is listed separately. The delivery will be made at the shipping and insurance costs stated for the respective individual costs, which will be added to the specified price for the purchased goods. The amount of the shipping and insurance costs incurred will be notified or shown to the customer before the binding order is placed.
IV. Payment and delivery
The buyer shall pay for the goods in advance by means of a bank transfer of the invoice amount. The seller reserves the right to permit or exclude certain forms of payment in the individual case. The insured delivery of the goods will not occur until after payment in full of the invoice amount has been received by the seller's specified account. Provided that no differing delivery period is specified and the seller has not specified any differing delivery period in the seller's order confirmation, the delivery will be made within twelve work days after receipt of payment, subject to the proper and on-schedule delivery by our suppliers. The seller shall notify the buyer as soon as the seller finds that he/she is not capable of delivering within this period. Force majeure events, strikes, lockouts or disruptions of operations, distribution or supply affecting the seller or the seller's suppliers entitle the seller to postpone the delivery by an appropriate period or to revoke the contract in full or in part due to the contractual obligations not yet fulfilled. If the shipment is made to the customer's address then when placing the order the customer shall specify whether the delivery is to be made to the customer personally or to a person authorised by the customer by means of a written power of attorney, in which case a certified copy of that person's ID card is also to be included with the order. The authorised recipient is to be ready to receive the shipment at the specified address within the time window specified by the valuables-in-transit carrier. The customer shall bear the costs of failed efforts to deliver. The contract shall be fulfilled with the handover of the sealed container by the valuables-in-transit carrier. Ownership shall be transferred. If the shipment is to be made to a bonded warehouse then the further handling shall be based on the storage contract to be concluded separately between the buyer and the storage company. The signed storage contract shall be sent to the customer with the invoice by the storage company. The customer is to sign and return it without undue delay. When the storage company accepts delivery of the goods specified on the shipping list a certificate of receipt will be created that is to be signed by the storage company. The acceptance of the delivery of the subject of the contract for storage means that the ownership of the purchased goods is transferred to the buyer and the contract is fulfilled. The physical handover and acceptance of delivery shall be replaced by the placement of the subject of the contract in storage in accordance with the storage contract. We will not deliver to Packstation parcel machines. The goods shall remain the property of the seller until their payment in full. After payment has been received by the seller's account the buyer will receive a copy of the certificate for the delivery item after its purchase in advance by email.
V. Reservation of right of revocation
The seller has the right to revoke the contract if the purchase price changes after conclusion of the contract at the time of the intended covering purchase due to currency fluctuations and price changes on the spot markets to the detriment of the seller to such an extent that it is no longer reasonable to adhere to the price stipulated in the contract. This shall be the case if the exchange rate of the euro to the US dollar has worsened for the seller by more than 4 percentage points or if the Rapaport Diamond Index has risen by more than 4 percentage points in comparison to the time of the conclusion of the contract.
VI. Offsetting, right of retention, default in payment
The customer is not permitted to offset costs against claims that are in dispute or have not been determined without further legal recourse, nor is the customer permitted to assert a right of retention due to a claim that is in dispute or has not been determined without further legal recourse. Notwithstanding other claims, if the buyer defaults on payment then the legally owed default interest is to be charged on the residual amounts.
VII. Obligation to notify
If the customer identifies damage to the packaging upon receipt of the delivery then the customer is to have the damage confirmed in writing by the freight forwarder when the goods are accepted and is to inform the seller of this. In addition, the goods are to be immediately inspected for completeness and apparent defects upon receipt. The seller is to be notified of any complaints as quickly as possible. If the buyer is not a consumer then the buyer is obligated to immediately inspect the goods with due diligence for non-conformities in terms of quality and quantity and is to notify the seller in writing of apparent defects within 7 work days from the receipt of the goods. As long as you have dispatched the notification before the expiration of the period then the notification will be considered to have been made within the period. This also applies for the period of time starting from the discovery of hidden defects. The assertion of warranty claims is excluded if you have violated the obligation to inspect the goods and notify the seller of any complaints. Failure to file a complaint or to make contact will not lead to consequences of any sort for your legal claims and their enforcement, particularly your warranty rights. However, this information will help us to assert our own claims against the carrier and/or transport insurance provider.
The delivered goods shall be considered defective if they do not fulfil the criteria from the order. The delivered goods shall not be considered defective if the seller delivers a higher quality or better gemstone weight. The parties agree that the nature of the goods shall only include the specifications made by the seller and the manufacturer's product description but not other advertising, public promotions and statements of the manufacturer. If there is a defect then the buyer can demand subsequent performance (repair of the defect or delivery of a replacement). If the subsequent performance fails then the buyer can reduce the purchase price, revoke the contract or demand damage compensation in accordance with the following provisions. With regard to damages incurred other than through injury to life, limb or health or through wilful deceit, the seller shall only be liable insofar as the damages were incurred due to a breach of obligation committed by the seller, by the seller's legal representatives or by the seller's vicarious agents either deliberately or as a result of serious negligence. If essential contractual obligations are affected by the breach then the seller shall also be liable for ordinary negligence. The provisions of the Product Liability Act remain unaffected. The warranty period for consumers is based on the legal regulations and the warranty period for traders is 1 year from the delivery of the goods.
IX. Proprietary and intellectual property rights
The seller shall retain the proprietary and intellectual property rights to offers, images, drawings, calculations and other documents. The documents specified above may not be made accessible to third parties without the written consent of the seller. This applies in particular for all graphical material from the seller's Internet presence.
X. Right of withdrawal for consumers
(A consumer is a natural person who concludes a legal transaction for a purpose that cannot be attributed to the person's commercial or independent activity.)
A. Cancellation policy
Right of withdrawal
You have the right to withdraw this contract within fourteen days without specifying a reason. The withdrawal period amounts to fourteen days starting from the day on which you have or on which a third party (who is not the carrier) specified by you has taken possession of the goods.
In accordance with Section 312g (2) no. 8 of the German Civil Code there shall be no right of withdrawal if the subject of the contract is the delivery of goods whose price depends on fluctuations of the financial market upon which the trader has no influence and which can occur within the withdrawal period. This applies to Diamonds because the prices on the international diamond markets are quoted on the basis of the US dollar and the current prices in EUR are directly dependent upon the corresponding currency parities on the foreign exchange market.
In order to exercise your right of withdrawal you must inform us of your decision to withdraw this contract by sending a clear declaration (e.g. a letter sent by post, fax or email) to us at:
Telefon: +32 3 808 3937
Telefax: +32 3 808 3938
Telefon: 0211 237 0 4922
Telefax: 0211 237 0 4923
As long as you have sent notification that you are exercising the right of withdrawal before the expiration of the withdrawal period then the withdrawal will be considered to have been carried out within the withdrawal period.
Consequences of withdrawal
If you withdraw this contract then we are to promptly repay to you all payments we have received from you including the costs of delivery (with the exception of additional costs resulting from you having selected a type of delivery other than the least expensive standard delivery offered by us) within fourteen days from the day on which we received the notification of your withdrawal of this contract. For this repayment we will use the same means of payment that you used for the original transaction unless we have agreed to other arrangements with you; you will not be charged any fees for this repayment under any circumstances. We can refuse the repayment until we have received the goods returned back to us or until you have verified to us that you have sent back the goods, whichever is earlier. You are to send back or hand over the goods to us promptly, in any event within fourteen days from the day in which you have notified us of your withdrawal of this contract. As long as you have dispatched the goods before the expiration of the fourteen-day period then the return will be considered to have been carried out within the period. You shall bear the direct costs of the return of the goods in the amount of EUR 25. You will only have to pay for any loss of value of the goods if this loss of value is traced back to unnecessary handling of the goods after an inspection of the nature, characteristics and functioning of the goods.
Exclusion of right of withdrawal
There shall be no right of withdrawal for contracts for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to the customer's personal needs or are no longer suitable for return due to their nature, among other circumstances.
End of the cancellation policy.
XI. Identification of the buyer
The seller shall identify the buyer, insofar as this is legally required. This will not be the case if the payment is made from a bank account within the European Union or - in the case of cash payment and self pick-up - the purchase price does not exceed EUR 14,999.00. If these conditions of exemption are not met then the parties agree that the Postident procedure of Deutsche Post or a similarly effective means of identification shall be used.
If the buyer wishes to sell diamonds acquired from the seller at a later point in time then the seller shall offer support to the buyer. At the request of the customer the seller shall sell the stone at the best possible conditions and in return for payment of a commission to be individually agreed upon in each case. For this purpose the stone shall be handed over to the company at a location of the seller to be specified in order to verify its compliance with the criteria defined in the certificate and its authenticity. The sale shall be carried out concurrently against payment. The seller shall be notified of the purchase price after deduction of the commission. No guarantee is provided that a certain price will be achieved.
XIII. Storage of the text of the contract
We will store the text of the contract and send you the order data and our General Terms & Conditions by email. You can view the General Terms and Conditions on our site and download them from there at any time. You can view your past orders in our customer login area.
XIV. Place of performance, legal venue and applicable law
German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) for consumers, but only provided that this does not thereby undermine the protection granted through the mandatory statutory provisions of the country in which the consumer's habitual residence is located. The language available for the conclusion of the contract is German. The place of performance for all services from the business relations existing with the seller as well as the legal venue shall be the place of the seller's registered office, provided that the buyer is not a consumer but rather a trader, a legal person under public law or a special fund under public law. The same applies if the customer does not have any general legal venue in Germany or the EU or if the customer's place of residence or habitual residence is unknown at the time that the action is filed. The power to take legal action at a different legal venue shall remain unaffected by this.
Status: 30 April 2017
Telephone: +32 3 808 3937
Fax: +32 3 808 3938
Telephone: 0211 237 0 4922
Fax: 0211 237 0 4923