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I. General Terms and Conditions

1. Basic terms

1.1. The following terms and conditions apply to contracts for the purchase of colored gemstones that you conclude with us (German Gemstone House / Deutsches Edelsteinhaus DEH GmbH, Im Alpenblick 30/2, 88239 Wangen im Allgäu).

1.2. The goods and services offered by us are directed to both consumers and undertakings. A consumer within the meaning of the following terms is any natural person who concludes a legal transaction for a purpose which can neither be attributed to his/her business nor to his/her independent vocational activity. An undertaking in accordance with § 14 Abs. 1 BGB (German Commercial Code) is a natural or legal person or a legally competent company (Gesellschaft) of persons who or which, in concluding a legal transaction, acts in exercise of their or its business or independent vocational activity.

1.3. Unless otherwise agreed, the integration of any other terms that may be used by you shall not be recognized.

2. Subject of the contract/contract conclusion

2.1. The subject of the contract is the sale of investment colored gemstones. You can acquire colored gemstones in the amount of your choosing of at least €15,000 including VAT. The selection of the individual colored gemstones is performed by us and agreed upon with you in individual cases. First, a gemological findings report on the condition of the investment gemstones is produced by an external, internationally recognized test laboratory selected by us for you (e.g. DSEF in Idar-Oberstein, Gübelin Gem Lab Ltd. in Lucerne, SSEF in Basel). Further, an appraisal of the value of the investment gemstones is produced by an external, court-certified Chamber of Commerce (IHK) expert selected by us for you.

2.2. You have the option to have the investment gemstones that you acquire stored in a duty-free warehouse. Separate terms and conditions apply for that option.

2.3. Further, you have the option to enter into a trust agreement regarding the purchase price payment. Under that option we receive a pre-payment of 35% of the purchase price that you have deposited in a third-party trust or escrow account, and upon successful delivery of the investment gemstones to you, we then receive a final payment in the amount of 65%. Separate terms and conditions apply for that option.

2.4. You can arrange a free, non-binding telephone consultation with us.

2.5. We will send you a non-binding offer by email after the consultation. You can submit a binding offer in writing (e.g., by email) to us thereafter.

2.6. We have the right to accept your offer within five (5) working days after receipt of the offer. The acceptance of the offer is made by email.

2.7. The processing of the conclusion of the contract and the transmission of all required information in that context is executed by email, in part automated. You must therefore ensure that the email address provided by you is accurate, that the receipt of emails is technically secured, and that, in particular, such receipt is not hindered by a spam filter.

3. Prices and terms of payment

3.1. Unless otherwise indicated for the individual payment types, all payment obligations arising out of the concluded contract are immediately payable.

 3.2. The actual purchase price can deviate up to 10% from the figure in the purchase order, because it is

 calculated based on the prices determined in the appraisals. If the value determined by the appraiser (=purchase price) is below the purchase order price, then we will transfer the amount in excess back to the account of the buyer. If the value determined by the appraiser (=purchase price) is greater than the purchase order price, then the buyer will receive an invoice for the balance, which they shall transfer within one week to the account of the Deutsches Edelsteinhaus DEH GmbH. If trust processing is elected, then the buyer shall execute payment exclusively to the third-party trustee.

4. Retention of title

We retain ownership of the goods until full payment is received. If you are in default on payment for more than ten (10) days, then we have the right to withdraw from the contract and demand the return of the goods.

5. Right of revocation

The contract for the purchase of investment gemstones may not be revoked. The price of the colored gemstones is subject to fluctuations over which he have no influence and which can occur within the period of revocation. Under the statutory framework of § 312g para. 2 no. 8 BGB (GCC), no right of revocation exists for such goods.

6. Warranty

6.1. The legal warranty rights for liability for defects govern.

6.2. To the extent you are an undertaking, the following deviations from the legal warranty regulations shall apply:

a) For defects, we will perform our choice of either reworking or replacement.

If remedying the defect fails, you may elect your choice of a reduction or a revocation of the contract. The rectification 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 obliged to bear the increased costs arising from the transfer of the goods to a place other than the place of performance, insofar as the transfer 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 period shall 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 warranty 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 willful intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfillment enables the proper execution of the contract in the first place, whose breach jeopardizes achieving the purpose of the contract, and which you as the customer regularly trust to be observed. In the latter case, however, we are only liable for the foreseeable damage typical of this type of contract. We are not liable for the simple negligent breach of obligations other than those mentioned in the preceding sentences.

7.2. The above exclusions of liability do not apply to injury to life and limb or health. Liability under the German 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 only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's usual place of residence is not withdrawn as a result (favorability principle).

8.2. The place of performance for all goods and services arising out of business relationships with us and the place of jurisdiction is our registered office, so far as you are not a consumer, but rather an entrepreneur, a legal entity under public law, or a special asset fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the European Union, or if your domicile or usual place of residence is not known at the time the complaint is brought. The right to bring claims at another legal place of jurisdiction remains unaffected hereby.

8.3. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

II. Customer information

1. Identität des Verkäufers

1. Identity of the seller

DEUTSCHES EDELSTEINHAUS DEH GmbH

Im Alpenblick 30/2

88239 Wangen im Allgäu

Email: info@deutsches-edelsteinhaus.com

Telephone: +49(0)7528 / 916986 - 0

Alternative dispute resolution:

The European Commission provides a platform for online dispute resolution outside of the courts (ODR platform), available at: https://ec.europa.eu/odr

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself, and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1. The contract language is English.

3.2. The terms of the contract with information on the ordered goods, including these

General Terms and Conditions, will be sent to you by email with the acceptance of the contract offer and/or with the notification thereof, which you can print out or store electronically. The contract terms are not stored by us.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the product description in our respective offer.

5. Prices and payment modalities

5.1. The prices indicated by us represent final prices including taxes. Shipping costs and any other costs that may be incurred are stated separately in the offer.

5.2. Any costs incurred for the transfer of funds (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.3. The payment methods available to you are stated in the respective offer.

6. Terms of delivery

6.1. We deliver the goods in accordance with agreements with you. Any resulting shipping costs are listed in the respective offer and will be stated separately by us on the invoice.

6.2. The terms of delivery, the date of delivery, as well as any existing limitations on delivery are stated, as needed, in the respective offer.

6.3. Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you upon handover of the goods, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or a person otherwise designated to carry out the shipment.

6.4. If the place of delivery is outside the European Union, then costs may arise that are not borne by us, such as, e.g., duties, taxes, or funds transfer fees (transfer or currency exchange fees of credit institutions), and these must be borne by you.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

Deutsches Edelsteinhaus DEH GmbH

Effective date 01.07.2021

Deutsches Edelsteinhaus DEH GmbH
Chief Executive Officers: Alexander Streeb, Oliver Kleimaier

Commercial Register Number: HRB 737047