1. Scope
Unless otherwise agreed, the following terms and conditions apply, and they are an integral component of the contract between us and the customer. The customer’s terms and conditions are binding upon us only if we expressly recognise them in writing. Our terms and conditions also apply even if the customer does not refer to them, or if he refers to his own terms and conditions. Subsidiary agreements which are verbal or are made by telephone are legally valid only after written confirmation. In addition, these general terms and conditions apply as a framework agreement for all further legal transactions between the contracting partners.
2. Provision of quotation
All our quotations are non-binding and subject to alteration, and do not bind us to fulfilment. Product details provided by sales representatives, in catalogues or brochures, etc. are non-binding and first take effect when specific reference is made to them in the order confirmation.
3. Ordering and order processing
Ordering and order confirmation: Conclusions of contract first come into being after our written order confirmation. However, a contract also comes into being when, as a result of receiving an order, we have processed an order or despatched a delivery.
4. Delivery and delivery time
The scope of delivery derives from our quotation and/or order confirmation. All manufacturers, suppliers, shippers, etc. required for the fulfilment of the order are specified and engaged by us. Where possible, agreed delivery dates will be complied with, but are always deemed to be non-binding. Partial deliveries are permissible and are deemed to be self-contained transactions. Events resulting from force majeure, operational disruptions, delays due to transport and customs clearance, etc., in our own operations as well as those of our suppliers authorise us, under exclusion of claims for damages, to delay the delivery by the duration of the disruption, and to completely or partially revoke the obligation to deliver. Even after conclusion of a contract, we have the right to make changes to the quality of the delivered item (e.g. regarding its technical or subjective implementation). Returns of packaging materials are not accepted. Claims for non-fulfilment or delay are excluded.
5. Prices and terms of payment
All prices include VAT at the legal rate. The prices applicable are those stated at the time of ordering. Mistakes and printing errors are excepted. After the appearance of a new price list, all previous prices become invalid. Payment is made after receipt of the invoice.
6. Compensation for damages
Claims for damages of any type whatsoever – except on the basis of deliberate acts – are excluded. Our products are manufactured individually, and there is therefore no basis for claim because of a deviation from the desired colour, carat weight, or purity of the stone.
7. Custom products
Custom products are manufactured individually for their customers. Deviations in colour, form, size, carat weight, purity, or quantity for an order are not defects and do not create a reason for a complaint or change in the order, because they cannot be influenced. The carat weight obtained is always the basis of business and of invoicing.
8. Data protection
For every definite order, we receive agreement to transmission of data to the extent that the execution of the definite order makes this necessary (e.g. in the case of legal obligations, and for handling of money and payment transactions). All other transmissions of data require mutual agreement.
9. Right of withdrawal
In the event of withdrawal, if the customer is responsible we have the choice of demanding a once-off compensation of 15 % of the gross invoiced amount or the compensation of the damages which actually occurred. If circumstances relating to the customer’s assets become known after agreeing an order, and these credibly put the customer’s ability to pay in doubt, then we have the right to withdraw from the contract at any time – without setting a grace period. Equally, we have the right to withdraw from the contract, if a mistake arose when we created the quotation or the pricing information. In this case, the customer has no right to claims against us.
10. Partial ineffectiveness
If individual provisions of the above conditions of sale become completely or partially ineffective because of separate business agreements or modified legal judgements, the law, etc., then this changes nothing in the validity of all remaining provisions.
11. Place of jurisdiction and applicable law
The law of Austria applies. The applicability of the UN Sales Law is expressly excluded. The contractual language is German. The parties to the contract agree to Austrian, domestic jurisdiction. For the decision of all disputes arising from this contract, the court competent at the headquarters of our company has exclusive legal competence.