General terms and conditions of business

§ 1 Basic provisions

  • The following terms and conditions apply to all contracts concluded with us, Fine Gems Collection GmbH , via the websitewww.finegems-collection.de , unless expressly agreed otherwise in writing.

  • Deviating or conflicting terms and conditions of the customer will only be accepted if we have expressly agreed to them.

  • Our product range is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity.

  • Contracts with consumers within the meaning of Section 13 of the German Civil Code (BGB) are not concluded.

§ 2 Conclusion of contract

  • The subject matter of the contract is the sale of goods. The essential characteristics of the goods are set out in the respective offer.

  • By presenting the products on our website, we make a binding offer to conclude a contract under the terms and conditions stated in the offer.

  • The contract is concluded via the online shopping cart system as follows:

    • You place the desired goods in the virtual shopping cart.

    • You can access the shopping cart at any time using the corresponding button in the navigation bar and make changes there.

    • After clicking the “Checkout” button or a similar button and entering your personal data and payment method, you will be shown an order overview.

    • If you use an instant payment system (e.g. PayPal, Amazon Pay, Sofort, giropay), you will either be redirected to the payment service provider's website or receive an order overview in advance.

    • You can correct any input errors at any time before submitting your order using the back function of your browser.

    • By submitting your order via the corresponding button, you accept our binding offer, which results in the purchase contract being concluded.

  • You can also place a binding order by phone, email, fax, or mail. In this case, the contract is concluded upon immediate acceptance by phone or within five days by written confirmation. If no acceptance is received within this period, the offer is deemed rejected.

  • Upon request, we will provide you with a customized quote, valid for 5 days unless otherwise stated. The contract is concluded upon acceptance of this offer in text form.

  • Order processing and contact are usually handled via email. Please ensure that your email address is correct and that you have technical security measures in place to receive our emails (e.g., no spam filter).

§ 3 Prices, payment terms and shipping costs

  • All prices quoted are net, plus statutory VAT.

  • Shipping costs will be charged separately unless otherwise agreed. For details, please refer to our website or the individual offer.

  • For deliveries outside the EU, additional costs may apply, such as customs duties, taxes or bank charges, which are to be borne by the buyer.

  • Payments from a third country to an EU country may also incur transfer or exchange rate fees, which must also be borne by the buyer.

  • Accepted payment methods are stated on our website or in the offer. Unless otherwise agreed, payments are due immediately.

  • Discounts are only granted if they have been expressly offered.

§ 4 Delivery conditions

  • The delivery period is determined from the respective offer. Fixed dates are only valid if confirmed in writing by us.

  • If payment is made in advance, shipping will only take place after full payment has been received.

  • If a product is not available despite timely arrangement, we will inform you immediately and refund any payments already made.

  • Shipping is at the buyer's risk. Transport insurance will only be purchased upon express request and at the buyer's expense.

  • Partial deliveries are permitted provided that they are reasonable for the buyer and do not incur additional shipping costs.

§ 5 Warranty

  • The warranty period is one year from delivery.

  • The shortening of the warranty period does not apply to:

    • Damages resulting from injury to life, body or health resulting from an intentional or negligent breach of duty on our part,

    • other damages resulting from grossly negligent or intentional breach of duty,

    • fraudulently concealed defects or guaranteed quality,

    • Recourse rights according to §§ 445a, 478 BGB,

    • in the case of goods which were used for a building in accordance with their usual purpose and which caused its defectiveness.

  • Only our product-related information and manufacturer descriptions are considered to be the agreed quality.

  • In the event of defects, we will, at our discretion, repair or replace the goods. If this fails twice, you have the right to a reduction in price or withdrawal. Increased shipping costs for returns from a location other than the intended location will not be covered.

§ 6 Right of retention, retention of title

  • A right of retention can only be exercised if it is based on the same contractual relationship.

  • We reserve ownership of the delivered goods until all claims arising from the business relationship have been paid in full.

  • You are entitled to resell the reserved goods in the ordinary course of business. You assign to us any claims arising from the resale in the amount of the invoice value. We accept this assignment.

  • If the reserved goods are mixed or combined with other goods, we acquire co-ownership in the ratio of the invoice value of the reserved goods to the total value.

  • If the realizable value of the collateral exceeds our claims by more than 10%, we are obligated to release the collateral. The selection of the collateral to be released is at our discretion.

§ 7 Applicable law, place of performance, place of jurisdiction

  • German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

  • The place of performance and jurisdiction is our registered office, provided that you are a merchant, a legal entity under public law or a special fund under public law or do not have a general place of jurisdiction in Germany or the EU.

II. Customer information

1. Identity of the seller

Fine Gems Collection GmbH
Ringstrasse 2B
50996 Cologne
Germany
Phone: +49 221 94101900
Email: info@finegems-collection.de

2. Information on the conclusion of the contract

  • The technical steps for concluding the contract and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions.

3. Contract language and storage of the contract text

  • The contract language is German .

  • We do not save the full contract text. Before submitting your order, you can print the contract text using your browser's print function or save it electronically.