Imprint

Angaben gemäß § 5 TMG:

 

DiamondGroup GmbH

Kastorbachstrasse 14

56330 Kobern-Gondorf

Telefon: +49 2607 973780

Fax: +49 2607 9737840

 

www.diamondgroup.de

info@diamondgroup.de

 

Finanzamt: USt.Id.: DE266491614

Geschäftsführer: Frank Heringer, Anke Schmidt

Registergericht: Amtsgericht Koblenz

HRB-Nummer: HRB 21759

 

Inhaltlich verantwortlich gemäß § 5 TMG:

Frank Heringer, Anke Schmidt

General Terms and conditions

1. Application and provider

1.1 The terms and conditions apply for all purchase orders placed on http://shop.diamondgroup.de of

Diamond Group GmbH
Kastorbachstrasse 14
56330 Kobern-Gondorf

Director: Frank Heringer, Anke Schmidt
Registry court: Amtsgericht Koblenz
HRB number: HRB 21759
Vat ID.: DE266491614
Telephone: +49 2607 973780
Fax: +49 2607 9737840
Email: info@diamondgroup.de

(Hereafter: Diamond Group).

 

1.2 The online products on http://shop.diamondgroup.de exclusively address to buyers (hereafter: customers), legal entity under public law or special fund under public law in the meaning of § 310 Para.1 of the German Civil Code (BGB) or those over the age of 18, operating as entrepreneur in the meaning of § 14 Abs.1 of the German Civil Code (BGB). Entrepreneur in the meaning of § 14 Abs.1 of the German Civil Code (BGB) is each natural person or legal entity or a partnership with legal capacity that in concluding a legal transaction is acting in the execution of its commercial or independent business activity.

1.3. All deliveries, services and offers are solely provided based on the following terms and conditions. The general terms and conditions apply to all customers and therefore to all future business relations, even if not explicitly reconfirmed. Diamond Group already contradicts to the inclusion of a customer’s General Terms and Conditions that contradict these terms and conditions.

1.4 The current General Terms and Conditions can be accessed and printed on http://shop.diamondgroup.de.

2. Contracting party and conclusion of a contract
2.1 Contractual partner of the customer will be Diamond Group solely.
2.2 The presentation of the products on http://shop.diamondgroup.de does not imply a binding offer of Diamond Group to conclude a purchase contract.
Each online order placed by the customer will represent a binding offer to conclude a purchase contract with Diamond Group. Diamond Group is not obliged to accept the offer.

The order process is made as follows:

The customer selects a product by clicking on it.
2.2.1 The selected product, its essential characteristics as well as the net sales price is displayed on a new page. If the customer is interested in the product, he can adjust the desired quantity in the selection menu and add the product(s) to the individual shopping cart by clicking on the button “ADD TO CART”.
2.2.2 After clicking on “ADD TO CART” a new website opens, displaying the customer’s shopping cart with the products chosen, the quantity, unit price, total price of the specific positon, total price of the order, current legal value-added tax on net prices, as well as the total gross price of the cart. The customer can adjust the quantity of the products or delete them from the cart.
2.2.3 If the shopping cart meets the customer’s requirements, he will be transferred to a new website by clicking on “ORDER NOW”. By using the comment field, the customer can add a comment for Diamond Group. The comment adds to the order by clicking on the button “NEXT”.
2.2.4 After clicking on the button “NEXT”, a new website opens on which the customer can recheck his order. The fundamental content of the contract and the details given by the customer are displayed in an understandable way on this website. On this page the customer will also see the relevant shipment costs.

Before confirming the legally binding offer by clicking on “BUY NOW”, the customer has to acknowledge these terms and conditions as legal basis for the business relation with Diamond Group by clicking on the button “I have read and understood the terms and conditions of Diamond Group and agree to them”. Further, the customer has to accept the data protection of Diamond Group by clicking on “I have read and understood the data protection of Diamond Group and agree to them”. In the following, the customer has to agree to the use of this data for identy and credit rating by clicking on „I consent to the use of my data by Diamond Group for proof of identity and credit rating“.
The legally binding offer to purchase the goods of Diamond Group is made by clicking on the button “BUY NOW”.

2.3 The receipt of order is confirmed immediately after submission of the order. This does not represent an acceptance of the order. Additionally, Diamond Group will confirm the receipt of order via email. This confirmation is also no binding acceptance of the order. The customer will receive an order number. The sales contract will come into existence if Diamond Group explicitly accepts the purchasing order or if the goods are shipped to the customer by Diamond Group – also without previous acceptance.

2.4 All documents necessary for the conclusion of a contract are available in German and English language.

2.5 Diamond Group stores the contractual documents and sends the email order confirmation as well as a link to access, view, download and print the General Terms and Conditions.

The General Terms and Conditions can also be accessed, viewed, downloaded and printed on this website.

3. Prices

All prices mentioned on the product pages are net prices, excluding the value added tax. The respective value-added tax is shown on the detailed product page. All prices are to be understood excluding shipment costs. Shipment costs depend on the total value of goods and destination and will be displayed in the shopping cart before completing the order process.

4. Delivery

1. Unless otherwise agreed upon, delivery will be made from DiamondGroup headquarters to the address indicated by the customer.

All information regarding the availability of good that can be found on the product pages are only to be regarded as prospective data and approximate values. They do not constitute any binding or guaranteed shipping or delivery dates, unless this is explicitly indicated in the shipping options of the respective product. The customer will be informed, if a product becomes unavailable or deliverable with delay. The customer’s legal rights remain unaffected.

2. Diamond Group is entitled to make partial deliveries, if this does not cause additional costs for the customer or if the customer expressly agrees in partial deliveries.

5. Customs

Orders and deliveries going to a non-EU country can cause customs duties, taxes, and charges at the final destination. The customer must bear these additional customs duties, taxes, and charges. The customer can contact the relevant customs authority for detailed information. For deliveries outside of Germany, the customer will be the importer and is obliged to ensure compliance with local country laws and rules. The customer must be aware that cross-border deliveries might be subject to opening and examination of the delivery by the customs authorities.

 

6. Terms of payment; delay

6.1 Diamond Group offers the following payment methods

Payment in advance,
Payment by invoice,
Payment by direct debit.

For initial orders by new customers on http://shop.diamondgroup.de, the only available payment is “payment in advance”.
For existing customers, with whom a contract has been successfully concluded on http://shop.diamondgroup.de before, Diamond Group reserves the right to revocably offer „payment by invoice“ or „payment by direct debit”.

6.2 For payment in advance, Diamond Group will inform the customer about the bank details in the order confirmation. The invoice amount is payable within 10 days after receipt of the order confirmation to this bank account, stating the order number.

6.3 For payment by direct debit, the customer will bear the costs of a reversal transfer due to lack of account cover or due to data transmitted incorrectly.

6.4 In case of late payment, Diamond Group will invoice interest on arrears in the amount of 8% above the relevant base interest rate of the European Central Bank. The enforcement of damages shall remain unaffected.

 

7. Offset/ right of retention

7.1 The customer shall only be entitled to a right of offset or retention if his counter claims have been judicially determined or are uncontested by Diamond Group.

7.2 The customer may only exercise any rights of retention if his counterclaim is based on the same contractual relationship.

8. Retention of title

8.1 All deliveries of Diamond Group are performed under retention of title. Ownership of the delivered goods and rights (reservation goods) shall first be transferred to the customer, with the fulfillment of all obligations from the entire business relation with Diamond Group. All future claims are also considered to be claims from business relations with Diamond Group.
8.2 In the event of resale, the customer assigns in advance all the claims arising against its purchasers to Diamond Group, provided that these exceed the value of the claim to be secured by more than 20 per cent (20%). Diamond Group accepts this assignment. In the event of third party seizures of the goods subject to reservation of title, the customer shall be obliged to inform Diamond Group in writing and to point out the rights of Diamond Group.
8.3 Processing and treatment as well as transformation of the purchased item by the customer while in the ownership of Diamond Group, shall always be done on behalf or by order of Diamond Group. The expectant right of the customer in the goods purchased will – in this case – continue in the reconstructed object. Insofar as the purchased item is processed with other objects not belonging to Diamond Group, Diamond Group shall acquire joint ownership of the new product in the proportion of the actual value of the purchased thing to the other processed items at the time of processing. Same shall apply in the case of mixing. Insofar as the mixing occurs in such way that the item of the customer is to be regarded as the main item, it shall be deemed that the customer assigns joint ownership to Diamond Group proportionally, and therefore keeps the sole ownership or joint ownership for Diamond Group.
8.4 Should the customer be partially or fully in arrears with one or more payments, cease to make payments or insolvency proceedings on company assets have been applied for, the customer is no longer entitled to exert propriety rights over the goods. In this case, Diamond Group is entitled to withdraw from the contract, demand the return of retained products or to call off the customer’s authorization to the collection of claims from the resale of these reservation goods. Diamond Group will also be entitled to demand information about the recipients of the reservation goods, to notify them of the assignment of the claims and to collect this claim.
8.5 The customer shall treat the item subject to retention of title with care during the period of the retention of title, and shall insure it adequately, at its own expense, against fire, water, theft or breakage and allow Diamond Group the examination of the insurance policy upon demand. The customer hereby assigns any insurance claims to Diamond Group. Diamond Group accepts this assignment and declares re-assignment to the contractual partner on condition that this will be effective as soon as retention of title is forfeited.

9. Warranty

Unless otherwise agreed upon, any warranty claims of the customer shall be in accordance with the statutory provisions of commercial law (§§ 433 ff. BGB) with the following modifications:

– Only the information and product details provided by Diamond group are binding, and not any public statements, any type of praising, advertising statements or other persons.

– The customer is obligated immediately and with the required care to examine the goods for deviations in terms of quality and quantity and to notify Diamond Group about apparent defects upon receipt. This is also valid for hidden defects after discovery. In the event that the obligation to inspect and give notice of defects is violated, claims for warranty will not be possible.
The duties of inspecting and complaining for merchandisers in accordance with § 377 HGB (German Commercial Code) shall remain unaffected.

– In case of defects of the goods, Diamond Group is entitled to– at their choice – subsequently curing the defect or replacing the item (supplementary performance). In case of remedying a defect, Diamond Group will not cover the costs incurred by delivering goods to any other destination than agreed, if the transport does not correspond to the intended use of the goods.

– If two attempts to remove the deficiency have been unsuccessful, either the customer may demand a price reduction, or he may withdraw from the contract.

– The warranty period shall be one year as of the delivery of the goods to the customer. This limitation shall not apply to damages from injury to life, body, or health as well as for damage resulting from an essential breach of a contractual commitment i.e. an obligation whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and in which the contracting party may normally trust (cardinal obligation), as well as any claim attributable to other damage, in cases of willful or grossly negligent breach of duty by Diamond Group or its vicarious agents.

 

10. Right of exchange

Diamond Group offers the right to exchange the delivered goods. Following exercise of the exchange rights, the customer must send back the goods to Diamond Group at his own expense and will in return receive equal and similar goods from Diamond Group.
The exchange right is subject to the following conditions:
1. The exchanged goods must have been fully paid.
2. There are no outstanding debts with the customer from other deliveries of Diamond Group.
3. The goods to be exchanged are in the same state as they were at the time of the delivery by Diamond Group.
4. The delivery of the goods to be exchanged is no longer than 12 months ago. This period shall commence from the date of invoice on the invoice sent by DiamondGroup GmbH. After expiry of this period an exchange shall no longer be possible. All rights of exchange are expired.

 

11. Liability

11.1 Diamond Group shall be liable to the customer without limitation, in case of intention, gross negligence as well as according to the Product Liability Act. In the event of ordinary negligence, Diamond Group only accepts liability for damages arising from injury to life, body and health of persons.

11.2 In addition, the following limited liability applies: In the case of simple negligence, Diamond Group shall be liable only for damage resulting from an essential breach of a contractual commitment i.e. an obligation whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and in which the contracting party may normally trust (cardinal obligation). The amount of Diamond Group liability for simple negligence shall be limited to the damage typical of contracts of the kind in question that was foreseeable at conclusion of contract. This limitation of liability also applies to all vicarious agents of Diamond Group.

 

12. Applicable law, place of jurisdiction, severability clause

12.1 The law of the Federal Republic of Germany shall apply exclusively for contracts between Diamond Group and the customer. The CISG United Nations Convention on Contracts for the International Sale of Goods shall not be applicable.

12.2 If the customer is a merchant, a legal entity under public law, or public-law special funds, the legal venue for any dispute arising out of or in connection with contracts between Diamond Group and the customer, shall be the place of business of Diamond Group.

12.3 Should one or more provisions in these General terms and conditions be invalid or should this be the case in the future, the validity of the other provisions shall not be affected thereby.

 

 

Valid as of: May 2016

Data protection regulations

1. Preface
The reliable and secure handling of your data is important to us. When using our website, we might survey and utilize personal data according to the requirements of the current data protection. The purpose, type and extent of the data collection and usage will be explained below.

2. Responsible authority
Responsible authority for the processing of personal data (according to the BDSG) is:

Diamond Group GmbH
Kastorbachstrasse 14
56330 Kobern-Gondorf
Telephone: +49 2607 973780
Fax: +49 2607 9737840
Email: info@diamondgroup.de

3. Right of information and contact

You are entitled to request information of data related to you, which has been stored with us. This information will be supplied free of charge. You also have the right of deletion, change or blocking of your personal data. In case you would like to make use of your rights of information, change, blocking or deletion of your personal data, and the revocation of permission or objections against a certain kind of data use, please contact:

Diamond Group GmbH
Kastorbachstrasse 14
56330 Kobern-Gondorf
Telephone: +49 2607 973780
Fax: +49 2607 9737840
Email: info@diamondgroup.de

Please also use this contact for all questions related to the survey, storage and usage of your personal data.

4. Storage of data when accessing our website, log files

The visit of our website does not require the indication of personal data. For statistical purpose, we store access data in the so-called log files. Access data include files accessed on our website, the date and time of access, the browser type used, the volume of data transmitted and the provider. Conclusions about your person cannot and should not be gained from this data. The data only serves statistical purpose for the analysis and customer-oriented improvement of our website.

5. Data collection and usage for contract processing and opening of a customer account

Personal data is only collected f you voluntarily offer this data, within the framework of your order, when contacting us (e.g. via email), or especially when opening a customer account. Only data will be collected, that you indicated in the input form or otherwise informed us voluntarily. Personal data constitutes information with the use of which a person is identifiable, i.e. name, address, telephone number, mobile number, date of birth, or email address. The data is used for the performance of a contract and the connected communication. After the handling of the order has been completed or after deletion of your account, your personal data will be blocked for other usage and will be erased at the end of regulations according to tax law and commercial law, unless you have expressly agreed in the further use of your data or we reserve the right of use of the data going beyond this, which is permissible by law or on which we will inform you hereafter.
The deletion of your customer account is possible at any time. Please contact:

Diamond Group GmbH
Kastorbachstrasse 14
56330 Kobern-Gondorf
Telephone: +49 2607 973780
Fax: +49 2607 9737840
Email: info@diamondgroup.de

6. Data transfer for the purpose of contract fulfillment

When delivering the ordered goods to you, for the purpose of contract fulfillment we will transfer the information necessary for the delivery to the shipping company contracted by us. Depending on the method of payment chosen, we will pass on the relevant data to the authorized banking institution or if necessary to a contracted payment service provider or any chosen payment service. If the payment service collects data himself, his data protection regulations will apply.

7. Use of data for promotional purposes / right of objection

We reserve the right to store the personal data you indicated, especially your name, address, degree, title, year of birth, as well as profession, industry or business classification and to use it for commercial purpose of our product range, especially via letter post.

You may object to the storage and use of your personal data for these purposes. Please contact:

Diamond Group GmbH
Kastorbachstrasse 14
56330 Kobern-Gondorf
Telephone: +49 2607 973780
Fax: +49 2607 9737840
Email: info@diamondgroup.de

In the event of an objection, we will not use your data for this purpose.

8. Credit assessment and scoring

On your formal authorization, we reserve the opportunity to gather identity and credit rating information with:

R+V Versicherung AG Raiffeisenplatz 1 65189 Wiesbaden

For this, we will transfer your personal data necessary for the credit assessment to the above-mentioned company. The credit assessment can include probability values (score values) that are calculated based on scientifically recognized mathematical methods to calculate the probability for a debt default of the customer. For the calculation of score values, address data is used. The obtained information can be used as decision criterion by us, if a contract is accepted and under which conditions.

You may revoke your permission at any time by contacting us:

Diamond Group GmbH
Kastorbachstrasse 14
56330 Kobern-Gondorf
Telephone: +49 2607 973780
Fax: +49 2607 9737840
Email: info@diamondgroup.de

The revocation can entail the cancelation of the order by us or the adaption of payment conditions.

9. Use of data for the newsletter

Should you register for the newsletter, your voluntary indicated data is used to provide the relevant email newsletter.

You can unsubscribe from the newsletter at any time by contacting:

Diamond Group GmbH
Kastorbachstrasse 14
56330 Kobern-Gondorf
Telephone: +49 2607 973780
Fax: +49 2607 9737840
Email: info@diamondgroup.de

You can unsubscribe from the newsletter at any time either by contacting the above-mentioned contact or via the provided link in the newsletter.

10. Cookies

On our website, we are using so-called cookies. Cookies are small text files that enable the storage of device-related information on the user’s access device (PC, laptop, tablet, smartphone, and similar). They serve the user-friendliness of our website (e.g. storage of login data). Some cookies delete automatically when closing the browser (session-cookies). Some cookies stay on your device even after closing the browser. Users can influence the settings of the browser, so that they decide on the insertion of cookies and their use. Most browsers will also allow limitation or full prevention of storage of cookies. However, prevention of cookies on our website can cause limitation of use and processes.

11. Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under https://tools.google.com/dlpage/gaoptout?hl=en-GB.

 

Valid as of: August 2016

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