Terms and Conditions
1. Scope
These terms and conditions apply to all orders placed through our online shop by consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not related to their commercial or independent professional activity. A business is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. For businesses: If the business uses conflicting or supplementary general terms and conditions, their validity is hereby rejected unless we have expressly agreed to them.
2. Contracting Party, Conclusion of Contract, Correction Options
The purchase contract is concluded with Diademita GmbH. By placing products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained in the ordering process. The contract is concluded when you accept the offer for the goods in your shopping cart by clicking the order button. Immediately after submitting the order, you will receive another confirmation by email.
3. Contract Language, Storage of Contract Text
The available contract languages are German, English, French, and Italian. We store the contract text and send you the order details and our terms and conditions in text form. You can view the contract text in your customer login.
4. Delivery Conditions Shipping costs are added to the stated product prices. You can find out more about the shipping costs in the offers. We only deliver via shipping. Unfortunately, self-collection of the goods is not possible.
5. Payment The following payment methods are available in our shop:
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Bank Transfer: If you select bank transfer, we will provide our bank details in a separate email and deliver the goods after receipt of payment.
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Credit Card: When you submit your order, you provide your credit card details. After verification, the payment transaction is carried out automatically, and your card is charged.
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PayPal: During the ordering process, you will be redirected to the PayPal website. To pay via PayPal, you must be registered or register first, authenticate with your login details, and confirm the payment instruction to us. The payment transaction is automatically executed by PayPal immediately after.
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Invoice: You pay the invoice amount after receiving the goods and invoice by transferring it to our bank account. We reserve the right to offer purchase on invoice only after a successful credit check.
6. Right of Withdrawal Consumers have the statutory right of withdrawal, as described in the withdrawal policy. Businesses are not granted a voluntary right of withdrawal.
7. Retention of Title The goods remain our property until full payment has been made. For businesses: We retain ownership of the goods until all claims arising from an ongoing business relationship have been settled. You may resell the reserved goods in the ordinary course of business; all claims arising from this resale are assigned to us in advance, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
8. Transport Damage For consumers: If goods with obvious transport damage are delivered, please report such defects to the carrier immediately and contact us without delay. Failure to make a complaint or contact us does not affect your statutory rights and their enforcement, particularly your warranty rights. However, you help us assert our own claims against the carrier or transport insurance. For businesses: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the goods to the carrier, freight forwarder, or other person responsible for the shipment.
9. Warranty and Guarantees Unless otherwise expressly agreed, the statutory liability for defects applies. For businesses: The limitation period for claims for defects in new goods is one year from the transfer of risk. The sale of used goods is subject to the exclusion of any warranty. The statutory limitation periods for the right of recourse under Section 445a of the German Civil Code remain unaffected.
10. Liability We are always liable without limitation for claims due to damages caused by us, our legal representatives, or agents:
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In case of injury to life, body, or health
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In case of intentional or grossly negligent breach of duty
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In case of warranty promises, if agreed
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To the extent that the scope of the Product Liability Act is open For breaches of essential contractual obligations whose fulfillment enables the proper execution of the contract and on which the contractual partner may regularly rely (cardinal obligations), liability for slight negligence is limited to the foreseeable damage typical for the contract. Otherwise, claims for damages are excluded.
11. Dispute Resolution The European Commission provides a platform for online dispute resolution (ODR), which can be found at [https://ec.europa.eu/consumers/odr/]. We are willing to participate in an out-of-court dispute resolution process before a consumer arbitration board.
12. Youth Protection If your order includes goods subject to age restrictions, we use a reliable procedure that includes personal identity and age verification to ensure that the customer has reached the required minimum age. The delivery person hands over the goods only after age verification and only to the customer personally.
13. Final Provisions For businesses: German law applies to the exclusion of the UN Sales Convention. If you are a merchant within the meaning of the Commercial Code, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.