Terms and Conditions
General terms and conditions of business
1. Scope
The following General Terms and Conditions apply to all orders placed via our online shop by consumers and businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity. These General Terms and Conditions also apply to future business relationships with businesses without us having to refer to them again. If the business uses conflicting or supplementary General Terms and Conditions, their validity is hereby contradicted; they will only become part of the contract if we have expressly agreed to them.
2. Contracting parties, conclusion of contract
The purchase contract is concluded with Birgie GmbH.
By placing the products in our online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in your shopping cart without obligation and correct your entries at any time before submitting your binding order by using the correction tools provided and explained during the ordering process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking the order button. Immediately after submitting the order, you will receive a confirmation email.
3. Contract language, storage of contract text The languages available for concluding the contract are German and English.
We save the contract text and send you the order details and our terms and conditions by email. You can view the contract text in our customer login.
4. Delivery conditions
In addition to the stated product prices, shipping costs will be added. You can find more information about shipping costs in the individual offers.
We only ship by mail. Unfortunately, pickup is not possible.
5. Payment
In our shop you can generally use the following payment methods:
Bank transfer (advance payment) If you choose to pay in advance, we will send you our bank details in a separate email and deliver the goods after receipt of payment.
Cash on delivery: You pay the purchase price directly to the courier. An additional €10 fee will be charged.
PayPal, PayPal Express, PayPal Plus. During the ordering process, you will be redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, you must be registered there or register first, authenticate yourself with your login details, and confirm the payment instruction to us. After placing your order in the shop, we will request PayPal to initiate the payment transaction. The payment transaction is processed automatically by PayPal immediately thereafter. You will receive further instructions during the ordering process.
6. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery person as soon as possible and contact us immediately. Failure to file a complaint or contact us will have no consequences for your statutory rights and their enforcement, in particular your warranty rights. However, you will help us assert our own claims against the carrier or transport insurance.
For entrepreneurs: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. For merchants, the obligation to inspect and notify defects stipulated in Section 377 of the German Commercial Code (HGB) applies. If you fail to provide the notification stipulated therein, the goods are deemed to have been accepted, unless the defect was not detectable upon inspection. This does not apply if we have fraudulently concealed a defect.
7. Warranty and guarantees
Unless expressly agreed otherwise below, the statutory warranty law applies. For consumers, the limitation period for claims for defects in used goods is one year from delivery of the goods. For businesses, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for recourse claims pursuant to Section 478 of the German Civil Code (BGB) remain unaffected. With businesses, only our own information and the manufacturer's product descriptions included in the contract shall be deemed to constitute an agreement regarding the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements. If the delivered item is defective, we will initially provide a warranty to businesses, at our discretion, by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). The above limitations and shortened time limits do not apply to claims based on damage caused by us, our legal representatives, or vicarious agents.
Information on any additional warranties that may apply and their exact terms and conditions can be found with the product and on special information pages in the online shop.
8. Code of Conduct
We have submitted to the following codes of conduct: Trusted Shops Quality Criteria http://www.trustedshops.com/tsdocument/ TS_QUALITY_CRITERIA_de.pdf
9. Dispute Resolution The European Commission provides a platform for online dispute resolution (ODR), which you can find here : https://ec.europa.eu/consumers/odr/ . We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
10. Final provisions
If you are an entrepreneur, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code (HGB), 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 you and us is our place of business.
11. Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within thirty days without giving any reason.
The cancellation period shall expire after thirty days from the day on which you, or a third party other than the carrier designated by you, takes possession of the goods. To exercise your right of cancellation, you must notify us (Birgie GmbH, Sonnige Höhe 11, 44894, Bochum, info@siriusdiamant.de, +49 162 516 65 34) of your decision to cancel this contract by means of a clear statement (e.g., a letter sent by post, fax, or email). You may use the attached model cancellation form for this purpose, but this is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. Consequences of cancellation If you cancel this contract, we will refund all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged any fees for this refund. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than thirty days from the date on which you notify us that you have cancelled this contract. This deadline is met if you send the goods before the expiry of the thirty-day period.
You will bear the direct cost of returning the goods. You will only be liable for any loss of value of the goods if this loss of value is due to handling that is not necessary to check their quality, properties, and functioning.
The right of withdrawal does not apply to the following contracts: Contracts for the delivery of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. Custom-made items are items that are manufactured according to customer specifications and are therefore excluded from the right of withdrawal/exchange/return. Custom-made items applies: engravings, a gold or gemstone request that differs from the item description, chain lengths that differ from the standard (42 cm).
Unworn items with tags still attached will be accepted for return, provided they are not custom-made. Items with signs of wear or without tags are not eligible for return. Please remove the tag only if you intend to keep the piece.
