Legal

Terms and Conditions

1. Scope of the Agreement

These General Terms and Conditions govern the contractual relationship between the seller, Berlin Gems Co., Ltd. (the "Seller"), and the respective buyer using the website berlingems.com.

These published General Terms and Conditions of Sale (hereinafter the "Terms and Conditions") shall apply in the version valid at the time of the order and shall apply exclusively to the sale of products of Berlin Gems Co., Ltd. through the website www.berlingems.com to customers (hereinafter the "Customer", "Customers", or "you").

Orders and deliveries under these Terms and Conditions are available to consumers and resellers. Orders by minors are not permitted under any circumstances. Orders placed by the Customer and deliveries made to the Customer shall be carried out exclusively in accordance with these Terms and Conditions. Any conflicting or deviating terms and conditions of the Customer that we have not expressly accepted in writing shall not be binding upon us, even if we do not expressly object to them.

Our products are distributed in Europe by the commercial representative Herkt GmbH, acting in the name and for the account of:

Berlin Gems Co., Ltd.
BIS Building, Floor 2, Phase 2, Room 2D8B
119 Mahesak Road, Suriyawongse
Bangrak, Bangkok 10500
Thailand

represented by its Managing Director: Rinrada Luangmatcha
Accordingly, your contracting party is always Berlin Gems Co., Ltd.

2. Subject Matter of the Agreement

The subject matter of each agreement is the sale of goods by the Seller to the buyer through the website www.berlingems.com.

3. Formation of Contract; Contract Language

(1)The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to submit an offer.
(2)By clicking the "Buy Now" button, the Customer submits a binding offer to purchase the goods contained in the shopping cart.
(3)The contract is concluded by our express declaration of acceptance or by dispatch of the goods.
(4)The order confirmation does not yet constitute acceptance of the contract; it merely confirms receipt of the order.
(5)The contract languages are German and English. In the event of discrepancies between the language versions, the English version shall prevail.

4. Prices and Payment Terms

(1)All prices are stated in the currency indicated and include the statutory charges of the country of export, but exclude or include import charges depending on the delivery region in accordance with Section 5.
(2)Payments shall be made using the payment methods offered in the shop, in particular credit card and Stripe.
(3)The purchase price is due immediately unless otherwise agreed.

5. Delivery Times

(1)Within Germany/the EU: generally 3 to 7 business days after the order is placed and payment is received.
(2)Outside the EU: 10 to 20 business days, depending on customs procedures in the destination country.
(3)For individually customised products, the delivery time shall be extended accordingly, as stated in the relevant product offer.

These delivery times are non-binding. If the delivery time is exceeded, you are entitled to return the item and receive a full refund of the purchase price.

6. Delivery, Shipping and Customs (DAP)

(1)Delivery Area — We deliver worldwide.
(2)Delivery Terms within the European Union (DAP) — For deliveries to Member States of the European Union, delivery shall be made DAP (Delivered At Place in accordance with Incoterms® 2020) to the agreed place of destination. The buyer shall act as the importer of record and shall be responsible for the import declaration and for fulfilling the statutory cooperation obligations required for that purpose.
The import charges arising in connection with the import, in particular customs duties, import value-added tax and other official import fees, shall be borne economically by Berlin Gems Co., Ltd. and are already included in the agreed purchase price. To the extent that such charges must, due to the buyer's customs-law status as importer, be paid by the buyer to the competent authorities or the appointed freight carrier, they shall be assumed by the Seller or reimbursed to the buyer upon submission of corresponding proof of payment.
(3)Delivery Terms outside the European Union (CFR) — For deliveries to countries outside the European Union, delivery shall be made CFR (Cost and Freight in accordance with Incoterms® 2020) to the agreed port of destination or shipping location. In such cases, the Customer shall bear all import charges, customs duties, taxes and local clearance fees in the destination country.
(4)Partial Deliveries — Partial deliveries are permitted provided that they are reasonable for the Customer.

7. Retention of Title

The delivered goods shall remain the property of Berlin Gems Co., Ltd. until payment has been made in full.

8. Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal of 14 days.

8.1 Withdrawal Instructions

The Customer has the right to withdraw from the contract within 14 days without giving any reason.

The withdrawal period begins on the day on which the Customer, or a third party designated by the Customer, receives the goods.

To exercise the right of withdrawal, the Customer must notify us by means of an unequivocal statement, for example by email.

8.2 Effects of Withdrawal

In the event of withdrawal, we shall reimburse all payments, including delivery costs, with the exception of additional costs resulting from a delivery method differing from the standard delivery method, within 14 days.

The reimbursement shall be made using the same means of payment as used for the original transaction.

The Customer shall bear the direct costs of returning the goods.

Note regarding sealed gemstones

For reasons of authenticity and quality control, our gemstones are delivered in specially sealed packaging. If this seal is opened or damaged, the goods may suffer a loss in value in the event of withdrawal.

If the opening or damage to the seal goes beyond what is necessary to examine the nature, characteristics and functioning of the goods, the consumer shall compensate for the resulting loss in value pursuant to Section 357a of the German Civil Code (BGB). This may also include the costs actually required for professional resealing. These costs currently generally amount to approximately EUR 120.00, provided that they are actually incurred in the individual case and are necessary to restore the goods to a marketable condition.

8.3 Return Address

Returns must be sent to:
Commercial Representative Herkt GmbH
Kastanienhof 11
15749 Mittenwalde
Germany

9. Characteristics of the Goods (Gemstones)

(1)The products offered are exclusively natural or treated gemstones.
(2)Natural gemstones may exhibit inclusions, colour variations and natural irregularities. These do not constitute defects.
(3)Colour variations between product images and the actual product may result from technical factors, such as screen display, and do not constitute defects.
(4)Information regarding carat weight, size and dimensions is subject to customary commercial tolerances.
(5)Each gemstone is delivered with an internationally recognised certificate. The certificate forms part of the goods.

10. Certificates

(1)Certificates form part of the delivered goods.
(2)In the event of a return, certificates must be returned complete and undamaged.
(3)In the event of loss or damage, reasonable compensation for loss in value may be claimed to the extent permitted by law.

11. Statutory Warranty for Consumers

(1)Consumers are entitled to the statutory rights in respect of defects pursuant to Sections 434 et seq. of the German Civil Code (BGB).
(2)The statutory limitation period for claims arising from material defects is two years from delivery of the goods pursuant to Section 438(1) no. 3 BGB.
(3)The Seller is obliged to deliver the goods free from defects. If a material defect exists, the Customer is entitled to repair or replacement. If this fails, the Customer may withdraw from the contract or reduce the purchase price.
(4)In the case of gemstones, inclusions, colour variations and natural irregularities are consistent with their intended condition and do not constitute a defect, provided that they do not exceed the customary natural characteristics of the relevant stone.

12. Liability

(1)We shall be liable without limitation for intent and gross negligence and for breaches of material contractual obligations.
(2)In the event of a breach of material contractual obligations caused by ordinary negligence, the Seller shall be liable only for foreseeable damage typically arising under the contract. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the Customer may regularly rely.
(3)Mandatory statutory liability claims for injury to life, limb or health, and liability under the German Product Liability Act, shall remain unaffected.
(4)Liability for other damage resulting from ordinary negligence is excluded unless mandatory statutory provisions provide otherwise.

13. Force Majeure

Events of force majeure, such as natural disasters, war, strikes, transport disruptions or customs delays, shall release the parties from their performance obligations for the duration of the disruption.

14. Data Protection and Cookies

(1)Information concerning the processing of personal data is provided in the Privacy Policy.
(2)This website uses cookies.
(3)Analytics and tracking technologies are used, in particular Google Analytics.
(4)Such use is based on the statutory consent requirements under Article 6(1)(a) of the General Data Protection Regulation (GDPR).
(5)The Customer may withdraw consent at any time.

15. Newsletter

If the Customer subscribes to our newsletter, we shall use the data provided exclusively to send information about products and offers.

Subscription takes place using a double opt-in procedure.

The Customer may unsubscribe at any time.

16. Overall Consumer Protection

(1)If any provision of this agreement is or becomes invalid, the validity of the remaining provisions shall not be affected.
(2)The following shall additionally apply to consumers in the European Economic Area (EEA): notwithstanding the choice of law under Section 17(1), the mandatory consumer-protection provisions of the country in which the consumer has their habitual residence shall apply pursuant to Article 6 of the Rome I Regulation. In particular, German and European consumer-protection provisions shall apply without restriction.
(3)The contract is concluded in German and English. In the event of discrepancies, the German version shall prevail for consumers in the EEA.

17. Final Provisions

(1)The law of the Kingdom of Thailand shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2)With respect to consumers, this choice of law shall apply only to the extent that it does not restrict mandatory consumer-protection provisions of the country in which the consumer has their habitual residence.
(3)For business customers, the exclusive place of jurisdiction shall be Bangkok, Thailand.
(4)Online Dispute Resolution (ODR) — The European Commission provides an online dispute-resolution platform, which is available at https://ec.europa.eu/consumers/odr/.
(5)Alternative Dispute Resolution (ADR) — We are neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration board.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)
To:

Berlin Gems Co., Ltd.
c/o Commercial Representative Herkt GmbH
Kastanienhof 11
15749 Mittenwalde
Germany

Email: webshop@berlingems.com

I/We (*) hereby give notice that I/we (*) withdraw from the contract concluded by me/us (*) for the purchase of the following goods:
Ordered on: __________________________
Received on: __________________________
Order Number / Item: __________________________
Name of Consumer(s): ________________________________________
Address of Consumer(s): ______________________________________
Signature (only if this form is submitted on paper): __________________________
Date: __________________________
(*) Delete as appropriate.