Allgemeine Geschäftsbedingungen

1.1 These Terms govern all contracts concluded through the online shop at https://diamondsinglass.com (the "Shop") between Natascha Schenk, Moosbrunnweg 1, 8042 Graz, Austria ("we", "us", "our") and the customer ("you"). The version in force when the order is placed applies.

1.2 We sell both to consumers and to businesses. A "Consumer" is a natural person entering into the contract for purposes outside their trade, business or profession (§ 1(1)(2) KSchG). A "Business Customer" is any customer who is not a Consumer (§ 1(1)(1) KSchG). Where a clause applies only to one of these groups, this is stated. Otherwise it applies to both.

1.3 Your own terms and conditions do not apply, even if we do not expressly object to them.

1.4 The contract language is English. You can save or print these Terms from the Shop before you order.

2.1 We sell jewelry and glass creations that combine natural diamonds with a glass encasing produced under our patented process. This encasing is a defining characteristic of the product and is disclosed as such. Unless a piece is expressly marked as bespoke or made to order, the items in the Shop are standard collection pieces.

2.2 Each piece is handmade and, as a rule, produced only after your order has been placed and paid for. Product images are illustrative. Minor deviations inherent to the handmade nature and the material, for example in inclusions, color nuance or surface, do not constitute a defect. The encasing affects both the appearance and the handling of the piece, which must be treated in accordance with the care instructions provided.

2.3 Each delivered piece comes with a certificate of authenticity documenting the genuine diamond and the characteristics of the encasing. The characteristics stated in that certificate and in the product description are the agreed quality of the goods. We give no assurance beyond this, and in particular no assurance as to future resale value or the development of precious metal or diamond market prices.

2.4 Where we state a carat weight, this refers to the weight of the diamond and not to the total weight of the encased piece, unless expressly stated otherwise.

2.5 Precious metal components are marked with their fineness in accordance with applicable hallmarking rules. The fineness stated in the product description and on the certificate is binding.

2.6 We require our suppliers and our manufacturing partner to source diamonds and materials responsibly. Rough diamonds in the supply chain are subject to the Kimberley Process Certification Scheme, and our diamond suppliers are required to provide warranties of conflict-free origin under the World Diamond Council System of Warranties. Our statements of origin are based on those schemes and on the warranties and documentation provided to us by our suppliers. Within those limits we warrant that the diamonds are conflict-free. We give no assurance beyond what those schemes and supplier warranties allow us to verify.

2.7 For Business Customers, our invoices carry the affirmative statement of the World Diamond Council System of Warranties.

3.1 The presentation of products in the Shop is not a binding offer but an invitation to you to place an order. By ordering you confirm that you have full legal capacity to enter into the contract.

3.2 By clicking the "Pay now" button ("Jetzt kaufen" in the German checkout) and completing payment, you make a binding offer to purchase the selected items.

3.3 We confirm receipt of your order by email (order confirmation). This confirms your order but is not yet our acceptance.

3.4 The contract is concluded only when we expressly accept your order by a separate email, or when we begin production or dispatch the goods. We may decline an order within five business days, in particular where a product is unavailable or where the order appears implausible or fraudulent. If we decline, any payment already made is refunded without undue delay.

4.1 Prices are shown in the Shop in the currency displayed to you. For Consumers, prices include statutory value added tax where applicable. For Business Customers, prices may be shown net plus VAT where the law so provides.

4.2 Shipping costs and any surcharges are shown separately before you complete the order.

4.3 Because the price of our pieces depends on precious metal and diamond market prices, the price that applies is the one valid when your order is placed and paid. For individual quotes for bespoke or made-to-order pieces, the quoted price is valid for the period stated in the quote and may thereafter be re-quoted to reflect current market prices.

5.1 Payment is processed through Shopify Payments and the methods offered there, in particular credit card, Apple Pay, Google Pay and Shop Pay. Payment data is handled by the payment provider. We do not store full card data.

5.2 The full purchase price is due immediately when the order is placed and must be paid in advance. We do not offer payment by installments, purchase on account, or any "buy now, pay later" service.

5.3 We begin production only after the full price has been received.

6.1 Our pieces are made to order. Production usually takes about two to three weeks. Delivery including shipping usually takes up to four weeks from receipt of payment. Stated times are estimates and not fixed dates, unless we have expressly agreed a fixed delivery date in writing. For pieces with a longer production time, the delivery period is stated on the product page or agreed with you individually. If delivery of an individual piece takes longer, we let you know.

6.2 Our pieces are finished and dispatched by our manufacturing and shipping partner in India. Delivery is therefore made directly from India to the address you provide. Shipments are insured in transit and we give you tracking information.

6.3 Risk of loss of or damage to the goods passes to a Consumer only when you, or a third party designated by you other than the carrier, take possession of the goods. For a Business Customer, risk passes on handover of the goods to the carrier.

6.4 Please inspect the goods on delivery and report any externally visible transport damage to the carrier and to us without undue delay. This does not affect your statutory warranty or withdrawal rights.

7.1 Delivery is made from India. For deliveries into the European Union and into other destination countries, import duties, customs charges, import taxes and clearance fees may arise.

7.2 Unless expressly agreed otherwise, these import duties, taxes and clearance fees are borne by you in addition to the purchase price and shipping, and are payable to the competent authorities or the carrier. We recommend that you inform yourself about the charges applicable in your country before ordering.

7.3 We comply with applicable export control and sanctions rules. Where delivery to a particular destination is not permitted, we may withdraw from the contract and refund any payment made.

8.1 The goods remain our property until we have received the full purchase price finally and irrevocably. As payment is made in advance, this is normally satisfied before dispatch. If a payment is later reversed or charged back, the retention of title revives and we may demand return of the goods.

9.1 This section applies to Consumers only.

9.2 You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you, or a third party designated by you who is not the carrier, acquire physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Natascha Schenk, Diamonds in Glass, Moosbrunnweg 1, 8042 Graz, Austria, email: office@diamondsinglass.com, telephone: +43 676 9042472) of your decision to withdraw by an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form set out at the end of these Terms, but this is not obligatory. To meet the deadline, it is enough that you send your communication about exercising the right of withdrawal before the withdrawal period expires.

9.3 If you withdraw, we reimburse all payments received from you, including the standard delivery costs but not any supplementary costs arising because you chose a delivery type other than the least expensive standard delivery we offer, without undue delay and no later than fourteen days from the day we are informed of your decision. We use the same means of payment you used for the original transaction, unless expressly agreed otherwise. You will not incur any fees for this reimbursement. We may withhold the reimbursement until we have received the goods back, or until you have supplied evidence that you have sent them back, whichever is earlier.

You must send the goods back to us without undue delay and in any event no later than fourteen days from the day you notify your withdrawal. The deadline is met if you send the goods before the fourteen days expire. You bear the direct cost of returning the goods. Given the value of the goods, we ask you to return them fully insured, in their original condition and together with the certificate of authenticity. You are liable for any diminished value resulting from handling the goods beyond what is necessary to establish their nature, characteristics and functioning.

9.4 There is no right of withdrawal for goods made to your specifications or clearly personalized (§ 18(1)(3) FAGG). This applies in particular to bespoke and custom-made pieces. Standard collection pieces are not covered by this exclusion, even though they are produced after your order.

10.1 For Consumers, the statutory warranty rules apply, in particular the Consumer Warranty Act (VGG) and the ABGB. The statutory warranty period is two years from delivery. We are liable for defects that exist when risk passes.

10.2 The Business Customer must inspect the goods immediately after delivery and give us notice of any defect. Notice of an obvious defect must reach us without undue delay and at the latest within five business days of delivery. Notice of a hidden defect must reach us within five business days of its discovery. The notice must specify the defect. If the Business Customer fails to give notice in time, the goods are deemed approved. In that case claims based on warranty (§§ 922 ff ABGB), on damages for the defect itself (§ 933a(2) ABGB) and on error as to the absence of defects (§§ 871 f ABGB) are excluded (§ 377 UGB).

10.3 The certificate of authenticity confirms the agreed quality under clause 2.3. Damage to or changes in the goods after risk has passed are not defects and are not covered by warranty. This includes in particular damage from improper handling, cleaning with unsuitable products, exposure to heat, chemicals or mechanical stress, and alterations, resizing or repairs carried out by third parties.

11.1 For Consumers, our liability for damage caused by slight negligence is excluded, except for personal injury and except under the Product Liability Act. Liability for intent and gross negligence is unaffected.

11.2 For Business Customers, our liability for slight negligence is excluded in full. For damage caused by gross negligence, our liability is limited in amount to the purchase price of the relevant order. We are not liable to Business Customers for consequential or indirect loss, loss of profit, loss of production or pure financial loss. Liability for intent, for personal injury and under the Product Liability Act (PHG) remains unaffected.

11.3 Any exclusion or limitation of our liability also applies to the personal liability of our employees, agents and subcontractors.

11.4 For Business Customers, rescission on the ground of laesio enormis (Verkürzung über die Hälfte, § 934 ABGB) is excluded (§ 351 UGB).

12.1 We provide care instructions with each piece. To preserve the piece and any warranty claims, please follow them and do not have the piece altered, resized or repaired by third parties.

13.1 We are not liable for delay or non-performance caused by events beyond our reasonable control, including shortages of precious materials, disruptions in our production or at our finishing and shipping partner in India, transport disruptions, customs delays, strikes, natural events or official measures. For the duration of such an event our obligations are suspended. If it lasts longer than eight weeks, either party may withdraw from the affected contract, and we refund any payment made for goods not delivered.

14.1 Austrian law applies, to the exclusion of its conflict-of-law rules and of the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumers, this choice of law does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence (Art 6(2) Rome I Regulation).

14.2 For Business Customers, the exclusive place of jurisdiction is the court with subject-matter competence for Graz. For Consumers, the statutory rules on jurisdiction apply, and a Consumer domiciled in Austria can only be sued at the court of their domicile, habitual residence or place of employment.

14.3 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body (Verbraucherschlichtungsstelle). For the information of consumers, the competent body would be the Internet Ombudsstelle, www.ombudsstelle.at.

15.1 Should individual provisions be or become invalid, this does not affect the validity of the remaining provisions. For Consumers, the invalid provision is replaced by the applicable statutory rules.

15.2 We may amend these Terms with effect for future orders. The version in force when your order is placed applies to that order.

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

To Natascha Schenk, Diamonds in Glass, Moosbrunnweg 1, 8042 Graz, Austria, email: office@diamondsinglass.com:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*):

Ordered on (*) / received on (*):

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

(*) Delete as appropriate.