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Terms of conditions

GENERAL BUSINESS CONDITIONS
GENERAL ORDER, DELIVERY, PAYMENT AND BUSINESS CONDITIONS OF THE DIBERGET COMPANY
General conditions for purchase, delivery, payment and business conditions of Diberget Diamantengroßhandel GmbH

(hereinafter referred to as DIBERGET), Pelikaanstraat 62, 2018 Antwerp, Belgium

 

§ 1 Order Distribution

These general business conditions are the content of all deliveries from DIBERGET GmbH. Our terms and conditions also apply to all future orders, deliveries and transactions with the buyer. They are recognized by the buyer.

Purchasing conditions of the buyer are excluded. Any other agreements must be in writing.

Silence is explicitly not considered permission!

All agreements, including verbal and / or telephone, are not applicable if they have not been confirmed by us in writing!

Offers of diamonds / goods are always subject to change, unless otherwise agreed in writing!

The contract is concluded by the customer's order and by an order confirmation by DIBERGET GmbH or by the execution of the order by DIBERGET GmbH!

§ 2 Selection, commission deliveries and fixed orders

Reserved goods, which we leave to the customer for selection, are ultimately accepted if and insofar as we do not get the diamonds / goods back within 14 days.

The company DIBERGET GmbH delivers the goods at 6:00 pm the next working day until the following working day. The same applies to deliveries / orders of selection and commission.

The indicated delivery dates are not binding, unless they have been confirmed explicitly and in writing by the company DIBERGET GmbH!

A claim for compensation by the customer as a result of delays in delivery is excluded to the extent that DIBERGET GmbH is not liable or grossly negligent on the basis of mandatory legal provisions. The liability according to § 278 BGB is explicitly excluded!

The customer is only permitted to transfer sales proceeds after all claims of DIBERGET GmbH have been paid or paid for against payment of the diamonds reserved goods / commissions!

The customer undertakes to store any sales proceeds received by DIBERGET GmbH for these payments separately from his other assets!

In this respect, the customer explicitly undertakes to transfer capital in favor of DIBERGET GmbH. If the customer violates the existing liability for ownership, we have the right to file criminal and civil costs. In addition, DIBERGET GmbH is entitled to pay all existing claims without delay.

DIBERGET GmbH expressly declares that the customer is entitled at all times to return with regard to such products supplied on behalf of DIBERGET GmbH that cannot be sold to end users. DIBERGET GmbH gives the customer a credit note on the amount of the invoiced amount, if an invoiced invoice has already been issued.

The transfer of the reserved goods to sub-commissioners is only permitted with the prior written permission of DIBERGET GmbH. In addition, the sub-commissioner must irrevocably acknowledge our general terms and conditions in writing.

The customer is obliged to return all reserved goods / commissioned goods as per December 31 of each calendar year for inventory by the company DIBERGET GmbH. The return shipment is made by Securicor GmbH or a value transport company accepted by DIBERGET GmbH!

§ 3 Inventory and diamond price lists

Diamonds are traded worldwide based on a US dollar. Our price lists are in Euro. If the US price changes by more than 0.03 Euro, both the customer and we can request the adjustment to the current US dollar.

Orders with prices are irrevocably accepted by us if we do not have the prices within a working day contrary to the prices. For customers, the prices according to the order are irrevocable.

The price lists can be picked up daily by means of a password that is provided by us on request via the internet and printed.

The prices for commission diamonds will change if the prices change on the inventory and diamond price lists. The prices change in any case, if the diamond prices change according to Reporting lists.

§ 4 Insurance coverage, damage report, retention obligation

In the case of a value logistics shipment and a shipment via a courier commissioned by DIBERGET GmbH, the company DIBERGET GmbH will enter into a security with regard to the conditional goods that are sent.

Other means of transport (such as UPS, DPS, etc.) that are desired by the customer are explicitly insured by the customer. The company DIBERGET GmbH has no possibility of insuring these deliveries!

If the shipment is delayed at the request of the customer or for other reasons caused by the customer, the risk is communicated by the customer with the dispatchability report.

The auditor hereby confirms that he assumes the risk of damage and accidental loss of his reserved goods. He undertakes to insure the reserved goods in an appropriate manner and thereby to include the insured interest of the owner. In addition, he undertakes to keep the provisions for the storage of his own insurer.

If no insurance contract and insurance agreement exist, the customer must notify DIBERGET GmbH in writing, but in any case before delivery to DIBERGET GmbH!

In all other respects our general terms and conditions apply exclusively to the selection deliveries of reserved goods. Regardless of the customer's risk, the goods are insured by us on the transport route (see §4, point 8).

However, the customer must unnecessarily delay transport damage.

Returning goods, including deliveries of deliveries, are only covered by our transport insurance if the customer meets the following requirements:

- The customer must use the same shipping form as when we send the goods.

- The goods must be carefully packed.

- The return must not already be insured by an insurance policy of the customer.

In the event of non-compliance with the above requirements and shipping rules, the customer is in all cases obliged to pay for our goods.

Goods that are not our property are also not insured in the manner of transport from us to the customer or from the customer to us.

§ 5 Notification of defects

Complaints of all kinds are immediately made in writing, for domestic purchases within 3 days and for foreign purchases within 4 days - in any case after delivery of the goods at the destination.

Hidden defects must be reported immediately after discovery.

In the event of timely and justified complaints, the Seller is obliged to remedy or replace the goods. In the absence of repair or replacement, the buyer can lower the purchase price or change his choice.

Our liability is limited to the value of the goods.

For shipments from customers to us for creating certificates at GIA, HRD, IGI, et al. No guarantee is given with regard to the criteria in the certificate / expertise /, but also for transport by Deutsche Post or other similar service providers !

The company DIBERGET GmbH explicitly declares that the expertise provided by the suppliers relates to the designated diamond (s). The DIBERGET GmbH has no warranty claims with regard to such properties of the diamond, which is referred to in the expertise / diamond certificate.

§ 6 Title description

The delivered goods remain our property until full payment of all claims arising from our business connection - including future claims - including all additional claims and until the repayment of bills and checks. This also applies if the purchase price for certain items supplied by us has been settled.

If the retention of title according to the laws of the country where the diamond / have been / delivered goods delivered, does not effectively apply to the retention of title or order appropriate security measures as agreed by local laws! If the customer is obliged to do so, he is obliged to take all measures necessary to establish and maintain such rights.

With current invoices, our reservation of the title as described in the above provision is considered as security for our balance claim.

When we enter into an obligation in the interest of the customer as an exhibitor of a reversal or acceptor, our rights of retention of title will cease if the customer fully repaid the change or has us freely due to our changing moderate attachment.

The customer may only sell our reserved goods in the normal course of business.

The pillaging or protecting of the reserved goods is not permitted. Infringements comply with the crime of abuse of trust and misappropriation under § 266 of the Criminal Code, fraud under § 263 of the Criminal Code and punishable without exception with criminal action!

To the extent that a resale of our reserved goods does not have to take place in cash, the customer will inform us of the purchase price claim against the buyer in the amount of our invoice price. We accept the assignment. The customer is revocably authorized to claim the claims that have been assigned to us as a trustee for us as long as he properly fulfills his payment obligations. In the absence of payment from the customer, we have the right to make the order known and to request payment from the third party. Upon request, the customer provides us with all documents and information necessary to claim the claim.

The customer can process our reserved goods or process them in the normal course of business. Working or processing takes place for us as a manufacturer within the meaning of §950 BGB, without obliging us. We acquire ownership of a new object that results from processing and processing. If our reserved goods are processed together with other items that do not belong to us, we acquire joint ownership of the new item in proportion to the invoice value of our reserved goods to the invoice value of the other co-processed goods. If an item supplied by us is essential by connecting part of another item as one of the most important item, it is also agreed that in the relationship between the value of our goods transferred to our joint ownership of the most important item according to our invoice to the invoice or the defective invoice at fair value on the earnings. In this respect, the main part is provided by us for our customers free of charge.

If our conditional raw materials have to be resold after processing on credit, the customer has already assigned our claim price claim in the value of our invoice value.

Erlangen, we are co-owned by the law or force conditions for mixing / connection by us things with other things, the customer makes his purchase price claim in the event of resale of the material mixed / mixed in the value of our mitverbundenden things (goods / diamond) according to our invoice to us in advance.

In the event of default or other breach of contract by the customer, we have the right to take possession of the reserved goods or to demand the transfer of claims from the customer against third parties. The claim of retention of title rights, as well as any confirmation of our goods by ourselves, does not constitute a withdrawal from the agreement if the Hire Purchase Act cannot be applied.

We undertake to safeguard the guarantees to which we are entitled under the above provisions, provided that their value exceeds the claims to be paid by 15%.

The company Diberget GmbH is entitled to terminate the business relationship with the customer without prior notice and to immediately demand the return of all reserved goods, unless the company Diberget GmbH has known facts, leaves it justified by commercial discretion doubts about the solvency of the customer.

§ 7 Betalingsvoorwaarden

Tenzij er op de facturen speciale betalingsovereenkomsten worden opgenomen, wordt het factuurbedrag onmiddellijk zonder aftrek verschuldigd.

Wij zijn gerechtigd om de looptijd rente te betalen in het bedrag van 4% boven de respectieve disconteringsvoet van de Deutsche Bundesbank p.a. te eisen.

Promessen zijn slechts in uitzonderlijke gevallen aanvaard en door akkoord te uiten en alleen als betaling in het kader van de berekening van de korting kosten en andere kosten van omschakeling!

§ 8 bescherming van de auteursrechten

Onze ontwerpen, monsters, modellen en dergelijke, worden beschouwd als onze intellectuele eigendom en kan de koper, zelfs als er geen bijzondere rechten bestaan, noch geïmiteerd of gebruikt worden op andere manieren te repliceren. Eventuele schending van deze verplichting is aan de koper verschuldigd. Deze auteursrechtelijke bescherming is ook uitdrukkelijk geldig voor diamantknipsels!

§ 9 Jurisdictie en plaats van uitvoering

Bevoegde rechtbank voor alle uit de contractuele relatie, de oprichting en de effectiviteit ervan als gevolg rechtszaken, met inbegrip van wissels en cheques, toen handelaren voor beide onderdelen het land of de lokale rechtbank van Antwerpen of zelfs op onze keuze voor de zetel van de koper bevoegde rechter. De plaats van uitvoering voor levering en betaling is Antwerpen. Hetzelfde geldt indien de klant zijn woonplaats of gewone verblijfplaats in het buitenland nadat het contract verplaatst of zijn woonplaats of gewone verblijfplaats op het moment van actie is niet bekend.

§ 10 Severability clausule

Mocht een of meer van de bovenstaande bepalingen geheel of gedeeltelijk ongeldig zijn of worden, blijft de geldigheid van de overige bepalingen onverlet. De ongeldige bepaling komt een andere wettelijk toegestane regeling of bepaling over de toepassing die overeenkomt met de oorspronkelijk beoogde economische doel van de partijen