terms of service

1. applicability

1.1 The following General Terms and Conditions ("GTC") shall apply to all purchase contracts between Hope.Diamonds Social Projects GmbH and a consumer or entrepreneur ( in the following "Contractual Partner") in the version valid at the time of the order.

1.2 You can also access and save the GTC at any time at https://hope.diamonds. The GTC must be accepted separately in the order process before the completion of the legal transaction.

1.3 Any GTC of the contractual partner are expressly contradicted and shall only apply if they are expressly confirmed by us in writing.

 

 

 

2. Realization of a contract, storage of the agreement

2.1 The following regulations about the conclusion of the contract apply to orders placed via our webshop on the website https://hope.diamonds.

2.2 In case of entering into a contract, the contract is concluded with Hope.Diamonds Social Projects GmbH.

2.3 The presentation of the goods in our online store does not represent a legally binding contract offer on our part, but is only a non-binding invitation to the contractual partner to order goods. By ordering the desired goods, the contractual partner submits a binding offer to finalize a purchase contract.

2.4 The contractual partner makes a binding offer to enter into a contract by successfully completing the order procedure provided in our Internet store.

 

 

To place an order, the technical steps are as following:

  1. Click on "donate" on the home page.

  2. Choose a product

  3. Select product by clicking "Buy Now"

  4. Check shopping cart

  5. Confirm by clicking the button "Proceed to checkout"

  6. Enter address and payment information 

  7. Order is finally submitted by clicking the button "order with obligation to pay".

 

2.5 The contract partner can, by pressing the "back button" in the internet browser, after checking his details, return to the internet page on which the details are recorded and correct input errors or cancel the order process by closing the internet browser before sending the binding order.

2.6 We shall confirm receipt of the order immediately by means of an automatically generated e-mail.

2.7 After receipt of the order, we will send you the order data by e-mail.

2.8 The contract is concluded with the transmission of an order confirmation, at the latest, however, with the delivery of the ordered goods or service provision.

2.9 The due invoice amount has to be paid within 15 days after the due date of payment. If this has not happened in the specified period, the purchase contract is considered invalid and the product will be offered for sale again! The time of receipt of payment at Hope.Diamonds Social Projects GmbH is valid.

 

 

3. Prices, shipping costs, payment

3.1 The given prices are gross prices and in EURO. Due to the fact that we are a non-profit organization, you buy our products without VAT. In addition, there are shipping costs and customs or other import duties. The shipping costs have to be paid by the contracting party.

3.2 The contractual partner has the option of payment via PayPal (PayPal payment, credit card, SEPA direct debit, purchase on account).

3.3 The amount stated in the invoice is due upon receipt of the invoice. Discount deductions require a separate agreement. The contractual partner shall be obliged to pay the invoice amount stated in the invoice. Payments by the contractual partner shall only be deemed to have been made at the time of receipt on our business account.

 

4. Delivery

4.1 Delivery shall be made on the agreed delivery date or within the agreed performance period; otherwise within 30 days at the consumer. In this case, the period for delivery shall commence on the day after conclusion of the contract. If the deadline falls on a Saturday, Sunday or public holiday at the place of delivery, the deadline ends on the next working day.

4.2 Delivery may delay, in case of this event, the contracting party will be informed about the planned delivery date within seven days after the conclusion of the contract.

4.3 The risk of accidental loss and accidental deterioration of the goods shall pass to the contracting party in the case of sale by dispatch as soon as we have notified the contracting party that the goods are ready for dispatch and delivery. If the contractual partner is a consumer, the risk shall not pass until the goods are handed over to him or to a third party designated by him who is not the carrier.

4.4 If a package is obviously damaged during delivery, the contractual partner must insist that this circumstance be recorded in writing by the delivery agent. The contracting party must notify us in writing (by mail or e-mail) of any damage to a product within 14 days.

4.5 The customer will be informed about existing delivery restrictions on https://hope.diamonds/shipping/.

 

 

 

5. Ownership rights reserved

We retain ownership of the goods until the purchase price has been paid completely.

 

6. Right of withdrawal of the consumer

If the contractual partner is a consumer, he shall have a right of withdrawal.

6.1 Right of withdrawal

Sie haben das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen.

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.

To exercise your right of withdrawal, you must provide us with your name, address and, if available, your telephone number and e-mail address to inform us by means of a clear statement (eg a letter sent by mail or e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.

 

To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

 

Consequences of the revocation

If you revoke this contract, we shall reimburse you for all payments we have received from you, excluding delivery costs, without undue delay and at the latest within fourteen days of receipt of the goods. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.

You must return or hand over the goods to us immediately and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days." You shall be responsible for the direct costs of returning the goods.

In case of damaged goods, you are obliged to prove that you are not at fault for the damage. This includes proper packaging of the goods for transport.

 

6.2 Cancellation form

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back to us).

 


To:

Hope.Diamonds Social Projects Gmbh 

Schindlau 9, 4644 Scharnstein 

hope@hope.diamonds

 

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*) _____________________________________________________

 

Ordered on (*)/received on (*)

__________________

 

Name of the consumer(s)

_____________________________________________________

 

Address of the consumer(s)

_____________________________________________________

 

Signature of consumer(s) (only in case of paper communication)

__________________

 

Date

__________________

(*) Delete where inapplicable.

 

 

6.3 Exceptions to the right of withdrawal


There is no right of withdrawal for 

  1.  services, if the entrepreneur - on the basis of an explicit request of the consumer according to § 10 as well as a confirmation of the consumer about his knowledge of the loss of the right of withdrawal in case of complete fulfillment of the contract - had started with the execution of the service before the expiry of the withdrawal period according to § 11 and the service was then completely rendered,

  2. goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene, provided that their seal was removed after delivery, 

  3.  alcoholic beverages, the price of which was agreed upon conclusion of the contract, the current value of which depends on fluctuations in the market and over which the Contractor has no influence.

 

 

 

7. Warranty

The legal warranty regulations are applicable.

Apart from those cases in which the right to warranty is granted by law, we reserve the right to fulfill the warranty claim at our discretion by improvement, replacement or price reduction.

The contractual partner must always prove that the defect was already present at the time of delivery.

The goods must be inspected immediately after delivery. Defects discovered in the course of such inspection shall also be notified to us without delay, but no later than 3 days after delivery, stating the nature and extent of the defect.

Hidden defects shall be notified immediately after their discovery. If a notice of defect is not made or not made in time, the goods shall be deemed to have been approved. The assertion of warranty claims or claims for damages due to the defect itself as well as the right to contest errors due to defects are excluded in these cases.

The warranty period for movable goods is 6 months from delivery/service.

 

 

8. Compensation for damages

8.1 If we are liable for damage, we shall only be liable for intent and (gross) negligence. If the contractual partner is a consumer, we shall also be liable for simple gross negligence.

8.2 Any further liability is excluded. In particular, we shall not be liable for indirect/indirect damage and loss of profit.

8.3 Our liability shall be limited to the amount of the specific contractual compensation. Any further liability is excluded, unless consumer protection regulations provide otherwise.

8.4 We assume no liability for the timeliness, accuracy, completeness and content of the information provided.

8.5 Wir übernehmen keine Haftung für eine verspätete Lieferung, die sich aus Umständen ergibt, die nicht in unserem Einflussbereich stehen (z.B. spätere Anfertigung durch den Designer bei Einzelstücken, höhere Gewalt, Verzögerungen der Zollbehörden oder des Versanddienstleisters). 

8.6 We shall not be liable in the event of allergies or incompatibilities of the contractual partner to any component of the raw materials used in our products. An allergy or incompatibility of the contractual partner does not entitle him to make a complaint.  

8.7 If the contracting party is an entrepreneur, it may no longer assert claims for damages after the expiry of six months from knowledge or the possibility of knowledge of the damage.

8.8 Apart from personal injury, we shall only be liable if the injured party can prove at least gross negligence on our part. Claims for damages shall become invalid 6 months after knowledge of the damage and the damaging party, in any case 1 year after performance of the service or delivery.

 

 

 

 

9. Retention

9.1 The right of set off against claims of ours is excluded. If the contractual partner is a consumer, however, he shall have the right to set off his liabilities against ours in the event of our inability to pay or for counterclaims which are legally connected with the consumer's liability, which have been established by a court or which have been acknowledged by us.

9.2 The contractual partner shall not have a right of retention. This shall not apply if the contractual partner is a consumer.

 

 

10. Violation of abnormally

The right to contest the contract due to a reduction by more than half in accordance with § 934 ABGB (laesio enormis) is excluded. This does not apply to consumers.

 

11. Applicable Law, Place of Jurisdiction, Place of Performance, Written Form

11.1 Only Austrian law shall be applicable to the exclusion of the conflict of law rules and the provisions of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall apply with the exception of the mandatory provisions of the law of the consumer's habitual residence.

11.2 The place of jurisdiction for disputes arising from or in connection with the contract or these GTC between the contractual partner and us is exclusively the competent court at the registered office of Hope.Diamonds Social Projects GmbH. Excluded from this are the legally mandatory places of jurisdiction for consumers.

11.3 Place of execution is the registered office of Hope.Diamonds Social Projects GmbH.

11.4 Modifications and amendments to this contract shall be made in written form, this shall also apply to collateral agreements and subsequent amendments to the contract, as well as the waiver of the written form requirement.

 

 

12. Contract language

Only German is available as the language in case of legal proceedings.

 

13. Privacy

The applicable data protection regulations, in particular the DSGVO, are complied with. Our privacy policy and further information can be found on our website at: https://hope.diamonds/ privacy-policy/


Severability clause

The following applies to business transactions: Should a provision in these GTC be or become invalid, the validity of the other provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest economically and legally to the provision to be replaced.