General Terms and Conditions
of the Royal Diamonds Partnership under Civil Law, Germany, hereinafter called "RD":


A. RD will not assume liability for damages of any kind resulting from the use of this internet offer, except for cases of gross negligence or intent. The same shall apply for registered pages violating applicable laws. B. We are obliged by law to inform you of the following: according to ß286 para. 3 German Civil Code the debtor of a claim will ultimately be in default if he does not effect payment within 30 days after maturity and receipt of an invoice or an equivalent account of charges. In case this invoice is not paid within the following 30 days, this will result in default interest and collection expenses incurred to be paid by you.

§ 1 Validity of Conditions

RDís deliveries, performances and offers are based exclusively on these Terms and Conditions. They shall thus apply also to any future business relations, even they are not expressly agreed upon.

§ 2 Conclusion of Contract
1.)
The offers that RD places on the internet are a non-binding invitation to the customer to order goods from RD. The customer submits a binding quote on the conclusion of a contract of sale by ordering the desired goods on the internet, via e-mail or by telephone or fax. The offer shall be binding at the latest after passing the respective interface to RD online. RD is entitled to accept this quote within a time period of 14 calendar days by sending an order confirmation. The order may also be confirmed by transmission of an e-mail or by telefax. After unsuccessful expiry of the time limit the quote is considered rejected.
2.)
Offers by RD are without engagement and non-binding. Drawings, diagrams, measures, weights or other performance data are only binding, if they are expressly agreed upon in writing. The products of RDís product range are subject to corrections, color variations and technical modifications. RD shall commit to specifically worked-out offers for two weeks.
3.)
Any agreements between RD and the customer for the purpose of fulfilling this contract shall be put into writing. In order to be effective, deviations from the requirement of written form must also be in writing.


§ 3 Power of Revocation
1.)
As a consumer, the customer has the right to revoke his declaration of intention to place the order within 14 days after receiving the goods without giving reasons. The cancelation shall be in writing. The right of withdrawal by simply sending back the goods is expressly excluded, unless the customer has the returned goods insured to the amount of their value. In case of withdrawal and return according to the preceding paragraph RD shall bear the costs of return. The goods shall be returned at RDís risk and expense. As far as the customer does not return the goods, RD will either collect the goods or have them collected through an authorized company. In this case, the customer must keep the goods ready for collection according to prior scheduling. If the goods are returned, the customer must send them as specially ensured consignment of valuables, e.g. as an insured parcel (VALUEPACK), RD bearing the extra charges incurred.
2.)
As far as the customer is responsible for deterioration, loss, or any other impossibility, or if he defaults in executing his right of withdrawal, he shall be obliged to pay RD damages for the deterioration or loss incurred.
3.)
A right of withdrawal according to ß 3.1. of these Terms and Conditions is not granted in the following cases: a) Delivery of goods produced according to customer specifications or that are clearly taylored to the individual requirements of the customer, or that are not suitable for returning due to their nature. b) In case of used or worn goods."


§ 4 Prices, Price Changes
1.)
Prices include the current legal sales tax. Shipping, postage and insurance costs are invoiced separately. The exact amount is marked individually for every merchandise.
2.)
If there is a time period of more than four months between contract conclusion and the agreed and/or actual delivery date, RDís prices valid at the time of delivery or provision shall apply, as far as these are higher than the original prices. If the latter exceed the prices originally agreed upon by more than 10%, the customer shall be entitled to cancel the contract, unless the list price valid at the time of delivery has been agreed on, based on a customized contract.


§ 5 Delivery and Performance Times
1.)
The agreement of delivery dates or deadlines, binding or non-binding, must be in writing.
2.)
RD shall not be responsible for delivery and performance delays due to Acts of God and due to events making delivery extremely complicated or impossible for RD Ė this includes in particular strike, lockout, official orders, etc., even if this concerns suppliers of RD or their sub-suppliers- even with stipulated deadlines and dates. This gives RD the right to postpone the delivery or performance by the period of obstruction plus an appropriate preparation time or to cancel the contract fully or in part due to the contract part not yet fulfilled.
3.)
If the obstruction lasts for more than three months, the customer shall be entitled, after a reasonable extension of time, to cancel the contract with respect to the part not yet fulfilled. If the delivery time is extended or RD is released from their responsibility the customer shall not have the right to deduce any claim for damages thereof. RD shall be entitled to invoke the mentioned circumstances only if they have informed the customer immediately.
4.)
As far as RD is responsible for the non-compliance with bindingly confirmed deadlines and dates or is in default, the customer is entitled to receive default damages in the amount of 0.5 % for each complete week of default, but a maximum of 5 % of the invoice value of the deliveries and performances affected by the default. Any further claims shall be excluded, as far as the default is not based on intent or gross negligence on the part of RD.
5.)
RD shall is entitled to make partial deliveries and partial performances at any time.
6.)
Fulfillment of RDís delivery and performance obligations implies the timely and correct fulfillment of the customerís obligations.
7.)
In case of the customerís default of acceptance RD has the right to claim the damage they are entitled to. Upon default of acceptance the risk of coincidental deterioration and coincidental loss passes to the customer.

 

§ 6 Shipping, Delivery and Passing of Risk
1.)
Passing of risk shall be effected upon delivery of the object of sale to the consumer.
2.)
Upon the customerís request deliveries will be insured in his name and on his account.

 

§ 7 Warranty
1.)
RD grants a warranty on all products of 24 months as from delivery. The warranty on quality applies to possible material and processing defects. As far as the manufacturer grants a longer warranty period on certain products, this is considered as stipulated. The warranty applies only to the delivered products, and not to consequential damages, loss or willful damage. The legal warranty provisions are not affected by this regulation. In case of a warranty claim the customer has to provide evidence by presenting an invoice or receipt or certificate of warranty.
2.)
The warranty does not include the elimination of faults originating from normal wear and tear, outside influence, or operating errors. It is cancelled if the customer himself modifies or has third parties modify devices, elements, or accessory devices without RDís consent, unless the customer provides evidence that the defects concerned were caused neither in total nor in part by such modifications and that the removal of defects will not be impeded by the modification.
3.)
The customer must report defects to RD immediately, however at the latest one week after reception of the goods. Defects that could obviously not be discovered within this period must be reported to RD immediately after discovery.
4.)
The customer shall immediately examine the objects delivered with regard to potential losses during transportation or other external defects, secure the appropriate evidence and assign potential claims for damages to RD, handing over the documents upon request.
5.)
If the customer makes a claim for warranty, RD can choose either repair or replacement. If the repair or replacement fails after a reasonable period of time, the customer is entitled to choose reduction of the purchase price or cancelation of contract.


§ 8 Limitation of Liability
Damage claims from positive breach of an obligation, from fault at conclusion of contract, and from unlawful act are excluded both against RD and against its subcontractors or vicarious agents, as far as the damage was not caused intentionally or grossly negligent. This applies in particular to repairs by RD or to shipping of customer property to third-party companies for the purpose of repairing.


§ 9 Retention of Title
1.)
Up to satisfaction of all claims that RD is entitled to for any legal reason against the customer at present or in the future, RD reserves the proprietary right of the goods delivered (reserved goods). The customer is not permitted to dispose of the reserved goods.
2.)
Upon seizure of the reserved goods through third parties Ė especially bailiffs Ė the customer shall refer to the property of RD and notify RD immediately, so that RD is able to enforce their property rights. As far as the third party is not able to refund to RD the judicial and extra-judicial costs incurred in this context, the customer shall be liable for the costs.
3.)
In case the customer violates the contract Ė in particular in case of default Ė RD is entitled to take back the reserved goods at the customerís expense.


§ 10 Payments
1.)
Payments with the effect of a discharge can be made only by bank transfer to a bank account specified by RD or in cash or by debit entry, up to the respective redemption guarantee. Payments for C.O.D. parcels shall be made directly to the postman using one of the payment methods mentioned above.
2.)
Goods are delivered strictly against payment in advance only, unless otherwise agreed. If goods are ordered specifically for the customer, the order can be conditioned on a deposit in the amount of 30 % of the total order value.
3.)
Payment on invoice is possible only for consumers older than 18 years of age.
4.)
Every incoming order can be subject to a credit status inquiry. If this should lead to a negative result, RD reserves the right to deliver C.O.D. or not to deliver at all.


§ 11 Delay in Taking Delivery, Return
1.)
If the customer refuses to take delivery after a reasonable extension of time or, before this time has elapsed, expressly states his non-willingness to take delivery, RD can cancel the contract or claim damages due to non-fulfillment.
2.)
In case of default of acceptance, RD can claim damages due to non-fulfillment in the amount of 30% of the order value without deductions, as far as the customer does not provide evidence that the loss has not been incurred at all or not in the amount of the lump sum. Apart from that RD reserves the right to claim a higher, proven damage.
3.)
Return of the objects handed over to RD for repair shall only be effected against delivery of the order confirmation. If the customer misplaced his order confirmation, he is considered as unauthorized recipient, unless RD has other knowledge of his authorization to receive the objects. The customer must collect repaired objects within one year, after receiving a notice by RD to collect the repairs. If the client or his address is unknown, RD has the right, after expiration of the time period mentioned above, to sell the goods on the open market, unless the client reports to RD prior to the sale. The entitlement to potential realization proceeds remains unaffected, as far as these exceed the repair price plus storage costs.


§ 12 Data Protection
1.)
Data processing is effected in accordance with the applicable German Data Protection Act. All the data received from the customer is collected, processed, utilized, or forwarded to authorized partners, as far as this is required for establishing and executing the contract.
2.)
The contractual data is used to induce a credit status inquiry, if required. This notice is given in accordance with the provisions of ß 33 I of the German Data Protection Act. Both the data required for handling of business and the data from a potential credit status inquiry are of course treated as confidential.


§ 13 Applicable Law, Jurisdiction, Separability
1.)
These Terms and Conditions and any legal relations between the parties are governed by German Federal Law.
2.)
As far as the customer is a merchant within the meaning of the German Commercial Code, a corporate body under public law, or special asset under public law, Nuremberg shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from this contractual relationship.
3.)
In case a provision of these Terms and Conditions or a provision within the framework of other agreements is or becomes invalid, this shall not affect the validity of any other provision or agreement. The invalid provision shall be substituted by a permissible provision which economically comes closest to the original provision. (November 2005)

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