1. basic provisions
1.1. The following terms and conditions apply to contracts for the purchase of colored gemstones that you conclude with us (Deutsches Edelsteinhaus DEH GmbH, Im Alpenblick 30/2, 88239 Wangen im Allgäu).
1.2. The services we offer are aimed at both consumers and entrepreneurs. A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. Entrepreneur acc. § 14 para. 1 BGB (German Civil Code) is any natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his independent professional or commercial activity.
1.3. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.
2. subject matter of the contract/conclusion of the contract
2.1. The subject of the contract is the sale of investment colored gemstones investment colored gemstones. Here you can choose colored gemstones according to your desired value of min. 15.000 € incl. Purchase sales tax. The selection of the individual colored gemstones is made by us and in individual cases agreed with you. On the one hand, a gemological report from an external, internationally recognized testing laboratory (e.g. DSEF in Idar-Oberstein, Gübelin Gem Lab Ltd in Lucerne, SSEF in Basel) is prepared on the quality of the investment gemstones selected for you by us. On the other hand, an expert opinion is drawn up by an external, sworn IHK expert on the value of the investment colored gemstones selected for you by us.
2.2. You have the option of having the investment colored gemstones you purchased stored in a duty free warehouse. Separate conditions apply to this.
2.3. Furthermore, you have the option to choose an escrow agreement regarding the purchase price payment. As a result, we receive the purchase price deposited by you with the external trustee a deposit of 35% and only after successful delivery of the investment colored gemstones to you a final payment of 65%. Separate conditions apply to this.
2.4. You can make a free and non-binding telephone consultation appointment with us.
2.5. We will then send you a non-binding offer by e-mail. You can then submit a binding offer to us in text form (e.g. by e-mail).
2.6. We are entitled to accept your offer within 5 working days after receipt of the offer. The acceptance of the offer will be made by e-mail.
2.7. The processing of the conclusion of the contract and the transmission of all information required in connection therewith is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you provide is correct, that receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
3. prices and terms of payment
3.1. Unless otherwise indicated for the individual payment types, the payment entitlements are
from the concluded contract are due for payment immediately.
3.2. The actual purchase price may differ from the order volume by up to 10%, as it is determined by the
prices determined in the appraisals. If the value determined by the appraiser (=purchase price) is lower than the order volume, we will refund the overpaid amount to the buyer’s account. If the value determined by the appraiser (purchase price) is higher than the order volume, the buyer will receive an invoice for the difference, which he must transfer to the account of DEH within one week. In the event of escrow settlement, the Buyer’s payment shall be made exclusively to the external escrow agent.
4. retention of title
The goods remain our property until full payment. If you are in default of payment for more than 10 days, we have the right to withdraw from the contract and reclaim the goods.
5. right of withdrawal
The contract for the purchase of investment colored gemstones can not be revoked. The price of colored gemstones is subject to fluctuations over which we have no control and which may occur within the withdrawal period. According to the statutory provision of § 312g para. 2 No. 8 BGB, there is no right of withdrawal for such goods.
6.1. The statutory rights of liability for defects shall apply.
6.2. Insofar as you are an entrepreneur, the following shall apply in deviation from the statutory
a) In the event of defects, we shall, at our discretion, provide warranty by rectification or
Redelivery. If the rectification of defects fails, you can demand a reduction in price or withdraw from the contract at your discretion. The remedy of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the item or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be required to bear the increased costs incurred by transporting the goods to a place other than the place of performance, provided that such transport does not correspond to the intended use of the goods.
b) The warranty period is one year from delivery of the goods. The shortening of the deadline does not apply:
– for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;
– in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
7. limitation of liability
7.1. We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the fulfillment of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
7.2. The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act remains unaffected.
8. choice of law, place of performance, place of jurisdiction
8.1. German law applies. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle).
8.2. The place of performance for all services arising from the business relations with us and the place of jurisdiction shall be our registered office, provided that you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. This shall not affect the right to bring an action before the court at another statutory place of jurisdiction.
8.3. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.