Terms & Conditions
General Terms and Conditions
The following terms and conditions apply to all orders placed by consumers and entrepreneurs through our online shop.
A consumer is any natural person who enters into a legal transaction for purposes which can be primarily attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who/which, on conclusion of a legal transaction, does so in their commercial or professional capacity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships, without the necessity to refer to them again. Any conflicting or supplementary terms and conditions of entrepreneurs are hereby rejected. They only apply if we have given our express consent.
2. Contractual partner, conclusion of the contract
The purchase contract is concluded with EinStein Diamant UG (limited liability).
By presenting the products in the online shop, we are making a binding offer to enter into a contract for the sale of the same. You can initially put our products into your shopping basket without any obligation and correct your entries at any time before submitting your binding order by editing your basket as explained in the online shop. By clicking "Buy Now", you are entering into a contract with us to purchase the goods contained in your shopping basket. Immediately after submitting the order you will receive a confirmation email.
3. Contractual language, saving the text of the contract
The languages available for the conclusion of the contract are German and English.
We will save the contractual text and send you the order particulars and our terms and conditions by email. You can view the contract text in your online account with us.
4. Terms of delivery
The specified product prices do not include costs for shipping. Details on the cost of shipping can be found in the online shop.
We only deliver goods via shipment. Goods cannot be collected from us in person.
In our shop, you can select from the following methods of payment:
When you choose to pay in advance, we will provide you with our bank details in a separate email and deliver the goods once payment is received.
Cash on delivery
You pay the purchase price directly to the delivery agent. An additional fee of 5 EUR will be applied.
PayPal, PayPal Express
If you select PayPal, you will be redirected to the PayPal website during the checkout process. In order to pay for your order using PayPal, you must be a registered PayPal user or you must first register, validate your login data, and confirm the payment to us. After you checkout, we will request PayPal to initiate the payment transaction.
The payment transaction will be carried out automatically by PayPal immediately thereafter. Further information will be provided during checkout.
In the ordering process, you will be redirected to the website of the online provider Amazon before completing the ordering process in our online shop. In order to be able to process the order via Amazon and pay the invoice amount, you must be registered there or first register and authenticate with your access data. There you can choose the delivery address and payment method stored at Amazon, confirm the use of your data by Amazon and the payment instruction to us. You will then be redirected to our online shop, where you can complete the ordering process.
Immediately after placing the order, we ask Amazon to initiate the payment transaction. The payment transaction is carried out automatically by Amazon. Further information will be provided during checkout.
If goods are delivered with obvious damages, please point out these defects immediately to the delivery agent, and contact us without delay. Failure to make a claim or contact us does not have any effect on your statutory rights or their enforcement or the warranty on the product. However, it will help us assert our own claims against the carrier and/or transport insurance.
The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the forwarding agent, the carrier or other agent responsible for shipping. The regulations regarding inspection and complaint in accordance with §377 of the German Commercial Code (HGB) apply. Should you fail to provide notice as required, the delivery shall be deemed accepted unless the defect was not readily recognisable during the initial inspection. This does not apply if we have fraudulently concealed a defect.
7. Warranties and guarantees
Unless otherwise expressly agreed below, the statutory liability for defects applies. For consumers, the limitation period for warranty claims for used items is one year from the date of delivery.
For entrepreneurs the limitation period for warranty claims is one year from the transfer of risk; the statutory limitation period for the right of recourse according to § 478 BGB [German Civil Code] remains unaffected.
With regard to entrepreneurs, only our own data and the product description given by the manufacturer which have been included in the contract are valid as the agreement regarding the purchase of goods; we assume no liability for public statements by the manufacturer or any other promotional statements.
If the delivered goods are defective, we shall, at our own discretion, rectify the defect (improvement) or deliver a faultless item (substitute delivery) for the entrepreneur.
The above limitations and time reductions do not apply to claims due to damages caused by us, our legal representatives, or agents when they
- involve injury to life, body, or health;
- are the result of intentional or grossly negligent breach of duty or fraudulent intent
- in breach of contractual obligations, the fulfillment of which renders a correct execution of the contract and on whose compliance the signatory can trust regularly (cardinal obligations)
- represent a breach of a promised quality, if agreed;
- provided that the scope of the Product Liability Act is established.
Information regarding any applicable additional guarantees and their exact terms can be found with each product description and on special information pages in the shop.
8. Dispute settlement
The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/ consumers/odr/.
We are not obligated nor generally prepared to participate in a dispute resolution procedure before a consumer arbitration board.
9. Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are an entrepreneur according to the HGB or a legal entity under public law or a special public fund, the exclusive jurisdiction for all disputes arising from contractual relationships between us shall be our place of business.
10. Cancellation policy
Right of withdrawal
You are entitled to withdraw from this contract within thirty days, without stating any reasons.
The withdrawal period is thirty days from the day on which you, or a third party designated by you, other than the sponsor, take(s) possession of the goods. In order to exercise your right of withdrawal, you must inform us (EinStein, Klotzdelle 27, 45472, Mülheim an der Ruhr, firstname.lastname@example.org, +49 208 386 035 35, +49 208 386 035 36) by means of a clear statement (e.g. a letter sent by post, fax or email) informing you of your decision to cancel this contract. You may use the attached sample withdrawal notice for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient for you to send the notification to exercise your right of cancellation before the cancellation period expires. For the deterioration and derived benefits, you must pay compensation only if the use or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. The refund shall be issued with the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund. We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods, whichever takes place first. You must return or hand over the goods to us immediately and in any event no later than thirty days from the date on which you inform us of the cancellation of this contract. The deadline shall be deemed to have been observed if you send the items before the 30-day deadline has expired.
You shall bear the direct costs of returning the goods. You shall only be liable for any diminished value of the products if a test of the condition, characteristics, and functioning of the products shows that the loss in value is due to improper handling on your part.
The right of revocation does not apply to the following contracts: contracts for the supply of goods which are not prefabricated and for their production in the event of an individualized selection or in the event that the decision of the consumer is decisive or in the event that a selection is clearly tailored to the personal needs of the consumer. Custom-made products are articles that are made according to customer specifications and are therefore excluded from the right of withdrawal / exchange / return. The following is custom-made: engravings, a gold or gem request that deviates from the item description, chain lengths that deviate from the standard (42 cm).
Items that have never been worn and whose labels have not been removed will be accepted as return, provided they are not custom-made. Items with signs of wear or without an existing label are excluded from return. Please only remove the label if you want to keep the delivered jewelry.