Terms and Conditions
(Version of 05.09.2016)
1. Placing of orders
1.1 We perform all our deliveries and services under the following conditions. When placing an order with us, our contractual partner accepts these conditions. He also accepts that these conditions apply to all future business relations with us.
1.2. We do not accept conflicting terms and conditions or the differing business conditions of the contractual partner unless we have agreed to them in writing in individual cases.
2. Prices and payment conditions
2.1. The prices quoted by us only apply to the specific order. Follow-up orders are regarded as new orders.
2.2. The prices given in our quotations are ex works and subject to change. They do not include transportation charges, insurance, customs duty and VAT.
2.3. If labour or material costs increase before the order is executed and the increase was not foreseeable at the time the quotation was submitted, we reserve the right to adjust our prices correspondingly without calculating any additional profit.
3. Payment conditions
3.1. Invoices for sales from the warehouse are payable within 10 days of the invoice date with a 3% discount and within 30 days in full. Discount deductions after the deadline given are not accepted.
3.2. Invoices for repairs are payable immediately in full.
3.3. If precious metal is delivered, a discount will only be given on the pattern price.
3.4. Amounts under EUR 100 are payable immediately in full in all cases.
3.5. If the term of payment is exceeded, we are entitled to charge interest at the usual bank debit interest rate, at least however 2% over the respective discount rate of the German Central Bank. We reserve the right to charge for further loss or damage.
3.6. In the event of payment arrears and any justified doubts regarding the customer’s ability to pay, we are, without prejudice to our other rights, authorised to demand security or advance payment for outstanding deliveries and to require immediate payment of all claims from the business relationship.
3.7. When we allow the customer to pay just the pattern price in cash for purchase contracts and works supply contracts, and apart from that to settle the debt by supplying a corresponding amount of precious metal, the provision of the precious metal and delivery of the goods must take place concurrently. The delivery of the precious metal is carried out at the risk and expense of the customer. When the precious metal has been received by us, it becomes our property. In the case of intentionally delayed delivery, the customer is obliged to compensate us for any damage incurred.
3.8. Bills of exchange and cheques are only accepted on the basis of an express agreement and on account of performance. Discount charges and other exchange costs are to be borne by the customer.
3.9. The customer may only offset our claims with undisputed or legally binding counterclaims. He can only exercise a right of retention if it is based on the same contractual relationship and when the underlying counterclaims are undisputed or legally binding.
4.1. The delivery shall take place at the cost of the customer “ex works”. The customer shall bear the risk of accidental loss or accidental deterioration of the goods during dispatch. This also applies to the dispatch of goods to a recipient designated by the customer as well as to prepaid deliveries. The goods are insured by us against transport damage. The fact that we have arranged insurance does not mean that we assume the risk for transportation. Justified product returns are also insured as long as the customer uses the same form of dispatch as we chose when sending the product to the customer. The return of the product must also be agreed with us beforehand. The customer undertakes to observe the previously mentioned regulations when returning a product. The customer shall bear the cost of transport insurance.
4.2. Goods that are sent to us for repair, reworking or service, must be adequately insured by the customer to cover dispatch to ourselves, the period of time for execution of the work and return delivery. The customer shall bear the risk of any deterioration or a loss at our site for which we are not responsible.
4.3. All jewellery products and precious stones surrendered to us for processing or reworking may incur damage even if the utmost care is taken. We assume no liability for such damage.
4.4. The following events can lead to an appropriate extension of the delivery period – if they have an adverse effect on performance: circumstances of force majeure that only occur after conclusion of the contract or that we were unaware of at conclusion of the contract through no fault of our own; other unusual and for us unforeseeable and unavoidable events that occurred after conclusion of the contract; subsequent strikes and legal lockouts.
4.5. If we fail to meet the delivery deadline, the customer already agrees now to a 3-week extension period. If we allow this extension period to elapse without making the delivery, the customer is entitled to withdraw from the contract. The customer’s claims for damages due to a delay in delivery or non-performance due to delay shall only exist to the extent provided for in section no. 7 of these conditions.
4.6. We are entitled to make partial deliveries to a reasonable extent.
5. Sampled offers sent on approval
5.1. If offers are sent on approval, all the goods sent out are regarded as definitively accepted if we do not receive the consignment back by the deadline given on the enclosed sample note.
5.2. Upon delivery of the sampled offer to the customer or dispatch to the promoter, every risk, in particular concerning loss, disappearance or deterioration through no fault of our own is transferred to the customer.
5.3. The customer undertakes to insure our sampled offers adequately against theft, burglary, extortion, fire and water damage and assigns to us in advance his claims from the insurance policies from future losses as a security. We herewith accept such an assignment. We undertake to release the securities to which we are entitled according to the provisions given above as we see fit insofar as their value exceeds the claims to be secured by 15%.
5.4. The customer is not allowed to hand over our sampled offers to third parties on a commission basis or for selection without our prior written consent.
5.5. When returning sampled offers, the customer bears the risk of loss or damage beyond his control.
5.6. The loss of the detailed information on the jewellery piece enclosed by us (on cards or labels) forms an obligation to buy the product.
6. Notice of defects, warranty and liability
6.1. Visible defects must be reported to us in writing no later than one week after delivery of the product at its place of destination.
6.2. In the case of a justified notice of defect, we undertake to either repair the product or supply a replacement to the customer – at our discretion. In the event of failure of the repair or replacement, the customer can opt for a reduction in the purchase price or cancellation of the sale. Claims for compensation are excluded.
6.3. Claims from the customer for replacement of defects – or consequential damages are excluded regardless of their legal status. Non-contractual claims and claims due to the breach of contractual or legal secondary obligations are also excluded. The above limitation does not apply, 1.) if the product delivered by us lacks promised characteristics. We are only liable for damage not caused to the delivery item itself if the assurance was intended to protect the customer against a consequential damage of this type; 2.) if one of the cases arises under which liability is accepted according to section 7 of these conditions.
7. Other claims for damages
7.1. All claims from the customer for compensation of damages of any kind are excluded regardless of their legal status. This also applies to non-contractual claims and claims due to the breach of duties in contract negotiations and the breach of contractual or legal secondary obligations. The above limitation does not apply, 1.) in the case of intentional or grossly negligent contractual infringements by our management, executives and vicarious agents. 2.) if there is a liability in accordance with the German Product Liability Law for defects in the item delivered without fault for death, for bodily injury and injury to health or damage to items mainly used in a private capacity.
8. Design protection
8.1. Designs, samples, models etc. are regarded as our intellectual property and must not be copied, duplicated or used in any way for reproduction purposes or passed on to third parties without our written consent.
8.2. If we receive goods for the purpose of reproduction, the customer shall provide an assurance that they are free of the rights of third parties. The customer shall indemnify us from any claims for compensation or unfair enrichment from third parties.
9. Retention of title
9.1. We retain ownership of the delivered item until full payment of all debts arising from the business connection has been made, including those arising in the future as well as any accessory claims and until the payment of bills of exchange and cheques has been confirmed.
9.2. In the case of an outstanding account, the retained title agreed in accordance with the above-mentioned provision shall be regarded as security for the outstanding balance.
9.3. If we accept liability in the interests of the customer as drawer of an inverted or acceptor’s bill of exchange, our rights to retained title remain valid until the customer has fully encashed the bill of exchange or has fully released us from our liability under the bill.
9.4. The customer is only allowed to sell delivered items under retention of title in the ordinary course of business. Any pledging or transfer of title to the goods subject to retention of title as security is not allowed. If the customer resells goods subject to retention of title that are not yet paid for to third parties, he himself must arrange a retention of title with the customer in a loan transaction.
9.5. In the case of pledging or confiscation of the item, the purchaser undertakes to immediately contradict our rights as supplier. If the purchaser fails to do this, he is liable to pay us damages.
9.6. If the reselling of our goods subject to retention of title does not take place by cash, the customer already assigns his purchase price claim against the customer now in the amount of our invoice as a security. We herewith accept such an assignment. The customer is herewith granted revocable authorisation to collect the assigned claim in trust for us until he properly fulfils his payment obligations to us. If the customer falls into arrears, we are authorised to disclose the assignment and demand that the third party make payment to us. The customer must send us all the documents and information for the enforcement of the demand on request.
9.7. If the customer includes his claim from reselling our goods in an existing real or so-called improper current account relationship, he assigns herewith in advance his claims to the ascertained and acknowledged balance in his favour to us, as well as any existing surplus on termination of the current account relationship, in an amount equal to the price charged to him by us for our resold goods as a security.
9.8. The customer is allowed to process or rework our goods subject to retention of title in the ordinary course of business. Processing or rework of the goods take place for us as manufacturers within the meaning of Section 950 German Civil Code (BGB) without any obligation on our part. We acquire ownership of a new item resulting from processing or rework without any further ado. If our item under retention of title is processed together with other goods that do not belong to us, we acquire the co-ownership of the new item in the ratio of the value of our item under retention of title to the value of the other co-processed goods.
9.9. The customer undertakes to insure the item under retention of title at his expense and in our favour against theft, burglary, robbery, extortion, fire and water damage. The customer already assigns any insurance claims resulting from this with regard to the item under retention of title to us now as security. We herewith accept such an assignment.
9.10. The customer undertakes to leave our original labels on the item until resale or if using his own labels, undertakes to show with an appropriate label that the item originated from our deliveries.
9.11. In the event of payment arrears and other behaviour in breach of contract on the part of the customer, we are authorised to take ownership of the item under retention of title at the expense of the customer or to demand assignment of the customer’s right to recover possession against third parties. The enforcement of our right to retention of title and any pledging of our product by ourselves shall not constitute a withdrawal from the contract unless otherwise specified in the German Consumer Credit Act.
9.12. We undertake to release the securities to which we are entitled according to the provisions given above as we see fit insofar as their value exceeds the claims to be secured by 15%.
10. Further rights in the case of a deteriorating financial situation
10.1. If the customer’s financial situation deteriorates significantly after concluding the contract, we are authorised – without prejudice to any other rights – to withdraw from the contract if the customer does not provide adequate security within a reasonable period of time set by us or fails to make payment.
11. Data processing
11.1. We are entitled to process or have processed all data affecting the business relationship with the customer within the meaning of the German Federal Data Protection Act (BDSG).
12. Place of performance, place of jurisdiction and applicable law
12.1. The place of performance for deliveries and payments for both parties is exclusively Idar-Oberstein.
12.2. The place of jurisdiction for all legal disputes arising from this contractual relationship as well as legal disputes regarding its creation and effectiveness, also for lawsuits relating to bills of exchange and cheque payments, is Idar-Oberstein.
12.3. All contracts are exclusively subject to German law for both parties excluding the UN Convention on Contracts for the International Sale of Goods.