General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Special conditions for the processing of goods according to specific customer specifications
9. Redemption of gift vouchers
10. Permanent jewelry
11. Applicable law
12. Alternative dispute resolution

1) Scope

1.1  These General Terms and Conditions (hereinafter "GTC") of DIAMOND MODE GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2  These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3  A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.4  An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1  The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2  The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller via email or online contact form.

2.3  The seller can accept the customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4  If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-fullIf the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.

2.5  If you select the payment method "Amazon Payments", the payment will be processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.6  When submitting an offer via the seller's online order form, the contract text will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been sent. The seller will not make the contract text available beyond this time. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

2.7  Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.8  Only the German language is available for the conclusion of the contract.

2.9  Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. Copyright Jmil - DM. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. 

3) Right of withdrawal

3.1  Consumers generally have a right of withdrawal.

3.2  Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3  The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and payment terms

4.1  Unless otherwise stated in the seller's product description, the prices quoted are total prices and include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2  For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3  The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4  If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5  If you select the "SOFORT" payment method, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT," the customer must have an online banking account activated for participation in "SOFORT," provide appropriate identification during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction will be processed immediately afterwards by "SOFORT," and the customer's bank account will be debited. Further information on the "SOFORT" payment method can be found online at https://www.klarna.com/sofort/ retrieve.

4.6  When selecting a payment method offered via the "Shopify Payments" payment service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller's online shop. Stripe may use additional payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

4.7  If you select a payment method offered through the "Klarna" payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following website:

https://www.diamondmode.de/pages/zahlungsmethoden

5) Delivery and shipping conditions

5.1  If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided by the seller during the order processing is decisive for the transaction. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.

5.2  If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to return shipping costs.

5.3  If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the seller's responsibility and the seller has entered into a specific hedging transaction with the supplier with due diligence. The seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.

5.5  Vouchers are provided to the customer as follows:

- by email

6) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

7.1  Unless otherwise stated in the following provisions, the statutory liability for defects shall apply. The following applies to contracts for the delivery of goods:

7.2  If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• For new goods, the limitation period for defects is one year from delivery of the goods;
• In the case of used goods, rights and claims due to defects are excluded;
• The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.3  The limitations of liability and shortening of time limits set out above do not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods which have been used for a building in accordance with their usual purpose and which have caused its defectiveness,
• for any obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.4  In addition, for entrepreneurs, the statutory limitation periods for anyexisting statutory right of recourse remains unaffected.

7.5  If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods are deemed to have been approved.

7.6  If the customer is a consumer, they are asked to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure to do so will have no effect on their statutory or contractual claims for defects.

8) Special conditions for the processing of goods according to specific customer specifications

8.1  If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific customer specifications, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for procuring and acquiring the rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They are responsible in particular for ensuring that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.

8.2  The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.

8.3  The seller reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or is morally unconstitutional. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.
In addition, the Seller reserves the right to refuse processing orders that contain religious, sexual and/or political sayings, symbols and/or words.

9) Redemption of gift vouchers

9.1  Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

9.2  Gift vouchers and remaining balances on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

9.3  Gift vouchers can only be redeemed before completing the order process. Subsequent payment is not possible.

9.4  Multiple gift vouchers can be redeemed in one order.

9.5  Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

9.6  If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference.

9.7  The balance of a gift voucher will not be paid out in cash or accrue interest.

9.8  The gift voucher is transferable. The seller may discharge the respective holder's obligations by making a payment to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent the respective holder.

10) Permanent jewelry

10.1 The customer should not look directly into the spark during the welding process. This could impair their vision.

10.2 The customer is aware that any sudden movement may cause the welding device to scratch or burn the customer's skin.

10.3 By paying for the appointment, the customer confirms that he or she does not wear a pacemaker, has no sensitivities or allergies to metals, or suffers from any other medical conditions that could make the permanent jewelry unsafe.

10.4 Permanent jewelry is only applied to female individuals. The seller reserves the right to cancel appointments where the permanent jewelry is intended for a male individual.

11) Applicable law

11.1  All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11.2  Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.

12) Alternative dispute resolution

12.1  The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

12.2  The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.