1. General information, scope of application
1.1 The following General Terms and Conditions (hereinafter referred to as the ‘T&CS’) of Nevermined GmbH (hereinafter referred to as ‘Nevermined’), with registered of-fice in Essen and registered in the Commercial Register of the District Court of Es-sen under HRB 32551, shall apply exclusively to all offers, purchase agreements, deliveries and services based on orders placed through our online shop (accessible via the website www.nevermined-diamonds.com; hereinafter referred to as the ‘online shop’). The version of these T&Cs valid at the time of ordering shall apply
1.2 Definitions
1.2.1 For the purposes of these T&Cs, ‘entrepreneurs’ are (a) entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (i.e. any natural or legal person or partnership with legal capacity that acts in the ex-ercise of its independent professional or commercial activity when conclud-ing a legal transaction), (b) legal entities under public law or (c) special funds under public law.
1.2.2 For the purposes of these T&Cs, a ‘consumer’ is any natural person who concludes a legal transaction for purposes that cannot predominantly be at-tributed to their commercial or self-employed professional activity (Section 13 of the German Civil Code).
1.2.3 For the purposes of these T&Cs, a ‘customer’ is any person who has initiat-ed an order via our online shop, regardless of whether that person is an en-trepreneur or a consumer.
1.3 In addition, the following applies to customers who are entrepreneurs:
1.3.1 These T&Cs also apply to all future transactions without the need for re-newed reference to our T&Cs. These T&Cs shall also apply if we do not ex-pressly refer to them in subsequent agreements, in particular if we provide deliveries or services to the customer without reservation in the knowledge of general terms and conditions of the customer which are in conflict or de-viate from or go beyond our T&Cs.
1.3.2 Conflicting, additional or other deviating general terms and conditions of a customer shall not form part of the contract, even if they are not expressly contradicted. Such terms and conditions of the customer only apply if they are confirmed by us in writing. The written form requirement may only be waived by written agreement.
2. Conclusion of contract, contracting parties
2.1 The presentation of the products in the online shop does not constitute a legally bind-ing offer, but rather a non-binding online catalogue. The customer may initially place products in the shopping cart without obligation and correct their input at any time be-fore submitting their binding order by using the corrective tools provided for this pur-pose and explained in the order process. By clicking on the order button ‘Order and pay’, the customer places a binding order for the goods contained in the shopping cart and thus offers us the conclusion of a corresponding purchase agreement. The customer shall be bound by an order placed by them for 14 calendar days. We are entitled to accept the offer within this period. Compliance with this cut-off period shall be determined by the date on which our acceptance is received by the customer.
2.2 Immediately following receipt of the customer’s order, we shall confirm receipt of the order and its details to the customer by email (confirmation of receipt). This confir-mation of receipt does not constitute acceptance of the customer’s offer, but merely serves as information that we have received the order. We may accept the custom-er’s order by (a) sending a shipping confirmation by email, (b) delivering the ordered goods or (c) sending an order confirmation specifying an expected delivery date, each within the period specified in Section 2.1. We expressly reserve the right to re-ject offers without giving reasons. If no explicit acceptance is made within the period specified in Section 2.1, the offer shall be deemed to have been rejected.
2.3 Upon receipt of our acceptance by the customer, the corresponding purchase agreement between the customer and Nevermined shall enter into force.
3. Contract language, contract text storage
3.1 The languages available for concluding the contract are German, English, French, Spanish and Italian.
3.2 We store the contract text and send the customer the order data by email. The T&Cs can be viewed at any time at www.nevermined-diamonds.com/AGB. Customers who have a customer account can view their order details in their account. As a non-registered user, the order data is no longer accessible via the Internet for security reasons.
4. Prices, payment
4.1 The total prices stated include statutory value added tax and other price components. In addition, there are any shipping costs, unless otherwise specified below. Shipping costs are indicated in our price information in our online shop. The price, including VAT and applicable shipping costs, is also displayed in the order form before the cus-tomer submits the order.
4.2 The following payment methods are generally available to the customer in our online shop:
4.2.1 Credit card (Visa, Mastercard, American Express, Cartes Bancaires for online shops, CartaSi)
When placing the order, the customer sends us their credit card details at the same time. Once the customer has been identified as the lawful card-holder, we request the credit card company to initiate the payment transac-tion immediately after the goods have been shipped. The payment transac-tion is carried out automatically by the credit card company and the cus-tomer’s credit card is charged.
4.2.2 PayPal
During the ordering process, the customer is redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, the customer must be registered there or register first, identify themselves with their login details and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. The payment transaction is carried out automatically by PayPal after the goods have been shipped. The customer will receive further infor-mation during the ordering process.
4.2.3 Direct debit
When placing the order, the customer sends us a direct debit authorisation via electronic direct debit at the same time. We collect the direct debit im-mediately after the goods have been shipped. The payment transaction is carried out automatically by the customer's bank and the customer’s ac-count is charged.
4.2.4 Purchase on account
Once the order has been placed, the customer receives an invoice for the purchase via email and has [Bitte die final definierten Zahlungsziele hier noch ergänzen.] time from receipt of the order to transfer the amount stated in the invoice to Nevermined.
4.3 A credit check with a favourable outcome is required for the use of the direct debit and purchase on account methods of payment. To this extent, we pass on the cus-tomer's data in the context of purchase initiation and purchase agreement processing to Mollie B.V. for the purposes of the address and credit check. Please note that we can only offer payment methods which are permitted on the basis of the results of the credit check. More information and the Terms of Use for Mollie B.V. for Germa-ny may be viewed at the following link https://www.mollie.com/de/user-agreement. General information on Mollie B.V. is available at the following link https://www.mollie.com/de/. The customer's personal details are handled by Mollie B.V. in compliance with the relevant data protection provisions and in line with the in-formation in https://www.mollie.com/de/privacy Privacy Policy.
4.4 The customer shall only be entitled to offsetting or retention rights if their counter-claims are legally established, not disputed or recognised by us or are in a reciprocal relationship with a claim from us within the meaning of Section 320 BGB.
5. Delivery conditions, transport, transfer of risk
5.1 We only deliver items via shipping. Deliveries are only made within the following countries: Andorra, Australia, Austria, Belgium, Bulgaria, China, Canada, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hong Kong, India, Indonesia, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithu-ania, Luxembourg, Malta, Monaco, Montenegro, Netherlands, New Zealand, Nor-way, Oman, Poland, Portugal, Romania, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, United Arab Emirates, United King-dom, Ukraine and USA. On request, we will be happy to check whether delivery to other countries is possible. Collection of goods is only permitted with the express consent of Nevermined. We do not deliver to Packstations (parcel collection points).
5.2 Unless a fixed period or date has been agreed in writing, delivery shall take place within a period of two weeks. If we fail to meet an agreed delivery date, the buyer must set us a reasonable grace period, which may not under any circumstances be less than two weeks. We accept no liability for any delays for which we are not re-sponsible, in particular delays in the context of import or export controls which can-not be ascribed to us.
5.3 The place of performance is Essen, Germany.
6. Retention of title
6.1 The delivered goods shall remain our property until full payment has been made.
6.2 Gegenüber Kunden, die Unternehmer sind, gilt darüber hinaus Folgendes:
6.2 The following also applies to customers who are entrepreneurs:
6.2.1 The customer is obliged to treat the purchased goods with care; in particular, they are obliged to insure it adequately at their own expense against loss, damage and destruction, such as fire, water and theft, at the replacement value. The customer hereby assigns their claims under the insurance agreements to us. We accept this assignment.
6.2.2 In the event of seizure or other third-party interference, the customer must notify us in writing without delay so that we can file an action pursuant to Section 771 of the German Code of Civil Procedure (ZPO).
6.2.3 The processing, handling or transformation of the goods supplied by us un-der retention of title shall always be carried out by the customer on our be-half as the manufacturer, without us incurring any liability as a result. If the goods delivered by us under retention of title are processed with other items that do not belong to us, we shall acquire co-ownership of the new item in the ratio of the value of the goods delivered by us (final invoice amount, in-cluding VAT) to the other processed items at the time of processing. Other than that, the same applies to the item resulting from processing as to the purchased item delivered subject to retention of title. If the goods delivered by us under retention of title are inseparably mixed or combined with other items that do not belong to us, we shall thereby acquire co-ownership of the new item in the ratio of the value of the goods delivered by us (final invoice amount, including VAT) to the other mixed or combined items at the time of the mixture or combination. If the mixture or combination takes place in such a way that the customer’s item is to be regarded as the main item, it shall be deemed agreed that the customer shall transfer any ownership/co-ownership to us. The customer shall keep the resulting property/joint proper-ty for us.
6.2.4 The customer is entitled, as part of the ordinary course of business, to have at their disposal the products newly created by processing or finishing or transformation or combination or mixing in the ordinary course of business, providing they meet their obligations from the business relationship with us in good time. However, the customer is not authorised under any circum-stances to resell or to otherwise exploit by agreeing to a prohibition of as-signment with its customers, to pledge or to transfer as security these new products. The customer hereby assigns to us its claims arising from the sale of these new products to which we are entitled as security to the extent of our share of ownership of the goods sold. If the customer combines or mix-es the delivered goods with a main item, they hereby assign to us their claims against the third party up to the amount of value of our goods. We hereby accept these assignments.
7. Rights of the customer in the event of defects
7.1 Unless expressly agreed otherwise below, the statutory law on liability for defects shall apply.
7.2 In the event of defects in goods delivered by us, we are only obliged towards cus-tomers who are entrepreneurs, at our discretion, to perform rectification or to deliver defect-free goods (supplementary performance). If we are unwilling or unable to provide supplementary performance, in particular if this is delayed beyond reasona-ble periods for reasons for which we are responsible, or if supplementary perfor-mance fails in any other way, the customer is entitled, at their discretion, to withdraw from the contract or demand a reduction of the purchase price. A rectification shall be deemed to have failed after the third attempt unless the nature of the item or the other circumstances indicate otherwise. The statutory provisions apply to customers who are consumers.
8. Liability
8.1 We are always liable without limitation for claims due to damage caused by us, our legal representatives or vicarious agents
8.1.1 in the event of injury to life, limb or health,
8.1.2 in the event of an intentional or grossly negligent breach of duty,
8.1.3 in the event of a guarantee promise, if agreed, or
8.1.4 to the extent that the German Product Liability Act [Produkthaftungsgesetz] is applicable.
8.2 In the event of a breach of material contractual obligations, the fulfilment of which is necessary for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations), due to slight negli-gence on the part of us, our legal representatives or vicarious agents, the amount of liability is limited to the foreseeable damage at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, no claims for dam-ages shall be permitted.
9. Force majeure
If a party is temporarily prevented from providing the services due to force majeure (such as industrial disputes, operational disruptions caused by fire, water or similar external circumstances, military or terrorist conflicts, natural disasters, diseases, epi-demics, pandemics, official measures and other unforeseeable, extraordinary events for which the party is not responsible), the mutual performance obligations shall be suspended for this period and neither party shall be in default. If the performance of one or both parties is delayed by more than four months as a result, both we and the customer are entitled to withdraw from the relevant contract. The affected party is obliged to inform the other party without delay as soon as circumstances arise that may justify a case of force majeure pursuant to sentence 1. Statutory rights of with-drawal remain unaffected.
10. Dispute resolution
10.1 The European Commission provides a platform for online dispute resolution (ODR), which can be found here https://ec.europa.eu/consumers/odr/.
10.2 We are neither obliged nor willing to participate in a dispute resolution procedure be-fore a consumer arbitration board.
11. Privacy
We may only process and store data relating to the relevant purchase agreements within the framework of the applicable statutory provisions. Details can be found in the privacy policy available on our website.
12. Right of cancellation
Customers who are consumers have a statutory right of cancellation. Details can be found in the following cancellation policies and regulations:
12.1 Cancellation policy for the delivery of an item or delivery of several goods as part of a single order process:
Cancellation policy:
Right of cancellation
You are entitled to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the goods.
To exercise your right of cancellation, you must inform us (Nevermined GmbH, Im Teelbruch 122, 45219 Essen, telephone: +49 2054 8003950, email: in-fo@nevermined-diamonds.com) by means of an unambiguous declaration (e.g. a letter sent by post or an email) regarding your decision to cancel this contract. To do this, you may use the enclosed sample cancellation form. However, this is not re-quired.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we must refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us), imme-diately and at the latest within fourteen days from the day on which we received noti-fication of your cancellation of this contract. For this refund, we shall use the same payment method you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances shall you be charged any fees as a result of this refund.
We shall pick up the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the condi-tion, characteristics and functionality of the goods.
12.2 Cancellation policy for the separate delivery of several goods as part of a single or-der process:
Cancellation policy:
Right of cancellation
You are entitled to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the final item.
To exercise your right of cancellation, you must inform us (Nevermined GmbH, Im Teelbruch 122, 45219 Essen, telephone: +49 2054 8003950, email: in-fo@nevermined-diamonds.com) by means of an unambiguous declaration (e.g. a letter sent by post or an email) regarding your decision to cancel this contract. To do this, you may use the enclosed sample cancellation form. However, this is not re-quired.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we must refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us), imme-diately and at the latest within fourteen days from the day on which we received noti-fication of your cancellation of this contract. For this refund, we shall use the same payment method you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances shall you be charged any fees as a result of this refund.
We shall pick up the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the condi-tion, characteristics and functionality of the goods.
12.3 Cancellation policy for the delivery of an item in several partial shipments or pieces:
Cancellation policy:
Right of cancellation
You are entitled to cancel this contract within fourteen days without giving reasons.
The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last partial shipment or the last piece.
To exercise your right of cancellation, you must inform us (Nevermined GmbH, Im Teelbruch 122, 45219 Essen, telephone: +49 2054 8003950, email: in-fo@nevermined-diamonds.com) by means of an unambiguous declaration (e.g. a letter sent by post or an email) regarding your decision to cancel this contract. To do this, you may use the enclosed sample cancellation form. However, this is not re-quired.
In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.
Consequences of cancellation
If you cancel this contract, we must refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us), imme-diately and at the latest within fourteen days from the day on which we received noti-fication of your cancellation of this contract. For this refund, we shall use the same payment method you used for the original transaction, unless otherwise expressly agreed with you; under no circumstances shall you be charged any fees as a result of this refund.
We shall pick up the goods. You are only liable for any loss in value of the goods if this loss in value is due to handling other than what is necessary to check the condi-tion, characteristics and functionality of the goods.
12.4 Sample cancellation form:
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form.)
- To Nevermined GmbH, Im Teelbruch 122, 45219 Essen, telephone: +49 2054 8003950, email: info@nevermined-diamonds.com
- I/we (*) hereby cancel the contract concluded by me/us (*) regarding the pur-chase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Consumer name
- Consumer address
- Consumer signature (only for paper notifications)
- Date
(*) Delete as applicable.
12.5 Exclusion of the right of cancellation:
The right of cancellation does not apply to the delivery of goods that are not prefabri-cated and for whose production an individual choice or stipulation by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. stones which have special colours or have been specially cut at the consumer’s re-quest).
12.6 If the customer has selected the PayPal payment type, we shall refund the purchase price by transfer to a bank account to be nominated by the customer. For all other payment types, we shall use the payment method that the customer used for the original transaction to make the refund.
12.7 Our goods must be sent back via our free collection service and may not be returned or transferred to us by any other means. Other instructions regarding the returns process can be found in the returns documents the customer receives from us after exercising their right of cancellation.
13. Prohibition of assignment
Without our express written consent, the customer may not transfer or pledge their rights or claims against us, in particular due to defects in goods delivered by us or due to breaches of duty committed by us, to third parties in whole or in part; Section 354a of the German Commercial Code (HGB) remains unaffected.
14. Place of jurisdiction, applicable law
14.1 The exclusive place of jurisdiction for all claims arising from the specific contractual relationship, in which these T&Cs are included, between us and customers who are entrepreneurs, is Essen, unless mandatory statutory provisions prevent it. However, we also have the right to bring legal action against a customer who is an entrepre-neur at their statutory place of jurisdiction.
14.2 The legal relationship between us and the customer shall be governed exclusively by the law of the Federal Republic of Germany. The application of regulations on the in-ternational sale of goods (CISG – Vienna UN Convention on Contracts for the Inter-national Sale of Goods) is expressly excluded. The legal regulations regarding the restriction of the choice of law and the applicability of mandatory regulations, in par-ticular the state in which a customer who is a consumer has their ordinary residence, shall remain unaffected.
Last updated: April 2024