Terms of service

1. General

1.1 These sale and shipping conditions apply to all, including future, contracts, deliveries and further services, if they are not modified or suspended with our explicit, written consent. The buyer's conditions of purchase are explicitly declined. They are not accepted even if we do not specifically decline them again on receipt. Acceptance of our delivery or service is the latest point at which our conditions are considered accepted.

1.2 Our offers are non-binding. Agreements, particularly oral side agreements and assurances made by our sales assistants, are only made mandatory by our written confirmation.

1.3 The information, drawings, pictures and descriptions of weight, measurement and service, to which we reserve copyright and related rights, found on our homepage as well as in brochures, catalogues, circulars, advertisements, price listings or in the documents accompanying the offer, are only binding if their exact abidance is explicitly agreed on.

Our products are (partly adapted) natural products. Minor variations in colour, size and weight are thus natural and do not present a fault.

1.4 We commit ourselves to save the personal and/or commercial data of the buyer revealed to us during the business relations for internal use only and not pass it on to any third party.

2. Prices

2.1 In deliveries to merchants, namely resellers, our prices are understood to be factory gate prices that exclude packaging, carriage, postage, value-added tax etc. The prices are negotiated individually with those customers.

In contracts with customers our prices include packaging, carriage, postage as well as VAT.

Up to a value of 500,00 €, we insure the ware we send out against loss and/or damage during transport.

2.2 Our prices are based on the structure of costs at the time of completion of the contract. If, according to agreement, delivery takes place more than four months after the signing of the contract and if in the meantime wages and salaries and/or our purchase prices have increased by more than 3 %, we are entitled to charge a price raised by the same percentage.

3. Delivery Periods, Deliveries

3.1 Delivery periods are only considered as approximately agreed upon.

3.2 A delivery period starts with receipt of payment as specified in Number 5.2 in our Terms and Conditions. However, it presumes that the buyer has fulfilled all his obligations such as adduction of necessary permissions or the service of an advance payment. If this is not the case, the delivery period is lengthened accordingly, unless the delay is our responsibility.

3.3 In contracts that involve a customer, we reserve the right to perform our service only after the expiry of the biweekly withdrawal period according to § 355 BGB (Germany).

3.4 In contracts that involve a customer, we reserve the right to perform our service only after the expiry of the biweekly withdrawal period according to § 355 BGB (Germany).

3.5 A delivery period is considered observed if by the set ending date the object of delivery has left our store or has been reported ready for shipping.

3.6 We are entitled to split deliveries to reasonable ranges.

4. Shipping and Transfer of Risk

4.1 In absence of special agreements we determine the route and mode of transportation without responsibility for the cheapest or quickest way.

4.2 By hand-over of the articles to the carrier, hauler or people otherwise in charge of shipping, the risk is transferred to the buyer even if it is free from transportation charges.

4.3 If articles are ready for shipment and dispatch or delivery get delayed by reasons we are unable to answer for, the risk is transferred to the buyer when he receives notice of readiness for shipment.

5. Conditions of Payment

5.1 The payment of the purchase price has to proceed in advance within the fixed period without any discount.

5.2 We accept payment by the sole means of bank transfer, payment on delivery or credit card, except otherwise explicitly stipulated agreements.

5.3 In the case of a delayed payment by the buyer, we charge interest at the currently valid and legal rate.

The raising of a claim of further damage remains reserved.

5.4 The buyer is only entitled to withhold payment or charge up counterclaims if the latter are undisputed or legally ascertained.

5.5 If the buyer does not accept a bought article or we can stake out claims of compensation, the rightful compensation is at least 5% of the purchase price without us being responsible for proof of the damage. However, the buyer is entitled to prove that damage has happened on a considerably lower scale or not happened at all.

6. Reserve of Ownership

6.1 All shipped articles remain in our possession until all claims for whichever legal reasons, including future arising or based claims and those from contracts concluded simultaneously or later are fulfilled.

6.2 Processing and manufacture of the stock work according to § 950 BGB (Germany) for us as manufacturers without obligating us. Processed goods are treated as stock in the sense of No. 6.1.

In the case of procession, connection and/or intermixture of the stock with other goods by the buyer, we are entitled to shared ownership of the new product in relation to the stock’s invoice value as compared to the other goods’ invoice value. If our possession is extinguished by connection or intermixture, the buyer transfers the rights of ownership now already belonging to him in height of the stock’s invoice value and keeps them for us without a charge. The thus emerging rights of ownership are considered stock in the sense of No. 6.1.

6.3 The buyer may only dispose the stock in usual business operations subject to his usual terms of business and while he is not in delay, provided that the claims from the resale according to Nos. 6.4 to 6.6 pass on to us. He is not entitled to any other actions regarding the stock.

6.4 The buyer’s claims from the resale of the stock, including the conclusion of contracts for service or delivery, are handed over to us already now. We thus accept the hand-over.

When reselling goods we have shared possession over according to No. 6.2., the surrender of claims according to these shares of possession applies.

6.5 The buyer is entitled to call in claims from the resale until we choose to make a revocation at any time. He is not entitled to surrender the claims - including sale of the claims to Factoring Banks - unless he ultimately receives the counter value of the claims.

On our demand, he is obliged to immediately inform his customers of the surrender to us - as long as we don’t do that ourselves - and pass the information and documents necessary for the collection on to us.

6.6 The reservation of ownership according to the above remains valid if single claims are included in a current invoice and balance has been struck and accepted.

6.7 If the buyer acts contrary to the contract, especially in the case of delay of payment, we are entitled to retraction of the object of delivery after a notice, and the buyer obliged to issuance.

6.8 Our reservation of ownership is conditioned in the sense that as soon as all claims derived from the business connection have been fully paid, ownership of the stock passes over onto the buyer effortlessly and the surrendered claims belong to the buyer.

6.9 Measures of foreclosure on behalf of a third party concerning the stock, our shared property or the claims surrendered to us are to be reported to us by the buyer immediately along with a handing over of all documents necessary for an intervention; this goes equally for all other kinds of impairments.

In the case that the buyer requests the opening of a procedure for declaring bankruptcy, we are justified in stepping back from the contract and demanding the immediate return of the object of delivery.

6.10 If the value of the existing securities surpasses the secured claims in more than 10% total, we are obliged to release securities of our choice on the buyer’s insistence.

7. Claims for Defects / Right of Return

We grant warranty for material defects of the delivery under exclusion of further claims - reserving No. 9 - as follows:

Material Defects

7.1 The buyer has to examine the articles about defects immediately upon delivery and report any found defects to us immediately afterwards.

7.2 All parts which prove to be faulty as a result of a circumstance before the transfer of risk, we will repair free of charge according to our choice or replace faultlessly. Discovery of such faults is to be reported to us in a written way immediately or at the very latest two weeks after the transfer of risk. Replaced parts become our property.

7.3 The buyer has to grant us the necessary time and opportunity for undertaking all repairs and replacements after communication with us; otherwise we do not carry the responsibility for any consequences resulting from that.

7.4 From the direct costs arising from the repair or replacement delivery, we will - assuming the reclamation proves justified - carry the costs of the replacement including shipping.

If the buyer sends articles to us for repair or replacement, he sends them at his own expense and risk.

7.5 Within the boundaries of legal regulations, the buyer has a right to step back from the contract, if we - considering the legal exceptions - leave a time-limit of our own choosing for repair or replacement because of material damage unobserved. If the defect is only minor, the buyer is only entitled to an abatement of the contract price. Apart from this, the right to abatement of the contract price is barred.

Miscellaneous

8.1 Disregarding any possible defects of the articles delivered by us, we grant the buyer a two weeks’ right of refund. In this case, the buyer carries the risk and expense for the return, if he is not a customer. The two week term starts with the delivery of the articles to the buyer.

8.2 We are only liable - for any legal reasons - for damage not directly concerning the object of delivery, if

a) it happened deliberately,

b) there has been gross negligence on behalf of our elements or executive employees,

c) there has been culpable damage inflicted on life, body, health,

d) defects have occurred that we have maliciously suppressed or guaranteed the absence of.

8.3 If he have culpably breached essential contract duties, we are also liable for gross negligence on behalf of non-executive employees and slight negligence, in the case of latter restricted to sensibly predictable damage typical for the contract.

8.4. All other claims are excluded.

9. Limitation

9.1 All of the buyer’s claims - from any legal reasons - are prescribed within 12 months or respectively, if it is a purchase of consumer goods and the object of agreement are not used goods, two years.

9.2 To claims for damages according to No. 9.1 a) to e) the legal terms apply.

10. Partly Inefficacy

If single points of the above regulations should be completely or partly devoid of effect, all other regulations continue to apply. Void regulations shall be replaced by regulations closest to the economic sense of the contract.

11. Place of Fulfilment, Legal Domicile, Law

11.1 Place of fulfilment for all our deliveries and payment of the purchase price is Düsseldorf, Germany.

11.2 Legal domicile for any issues resulting from the contract is Düsseldorf, Germany, if the partner in contract is not a consumer. We can also sue the buyer at his own general legal domicile.

11.3 This contract and the legal connections resulting from it are subject solely to German law.

Customer Information

Pre-Contractual Obligatory Information for Remote Sales Contracts

1. The contract comes into existence between you and Mr. M. S. Soleimann, acting as Ariana Lapis Edelsteine und Schmuckwaren, Talstraße 30, 40217 Düsseldorf, Germany, Telephone No. 0049 (0)211/38 18 11, Telefax 0049 (0)211/38 18 34.

2. The articles sold by us are natural products. This refers to No. 1.3 of our Terms and Conditions, which are part of this contract.

3. The contract between you and Ariana Lapis is fixed by our written confirmation of your order, at the latest point by delivery from us.

4. Please take the price of the article from the information given in the article’s respective description. The price is including shipment, package and postal charges as well as VAT.

5. The details of payment and delivery are subject to Nos. 1-5 of our Terms and Conditions, which are thus made part of the contract.

6. As a consumer you are entitled to return the articles at our expense within two weeks after receiving our indoctrination of cancellations and refunds. You will be informed about this separately.