Terms and Conditions

1. Scope

These General Terms and Conditions (GTC) apply to all contracts concluded via the online shop of Sirius Diamant between Birgie GmbH and its customers.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

With regard to entrepreneurs, these GTC also apply to future business relationships, unless otherwise agreed. Conflicting or supplementary terms and conditions of the entrepreneur shall only become part of the contract if we have expressly agreed to their validity.

2. Contracting Party

The purchase contract is concluded with:

Birgie GmbH
Sonnige Höhe 11
44894 Bochum
Germany

Managing Director: Mustafa Cetinkol
Email: info@siriusdiamant.de
Phone: +49 162 516 65 34

Commercial Register: District Court of Dortmund, HRB 28092
VAT Identification Number: DE311895438

3. Conclusion of Contract

The display of products in the online shop serves to present our range and enables you to place an order.

You can initially add the desired products to the shopping cart. Before submitting your order, you can check and change your entries using the correction options provided in the ordering process.

By clicking the final order button, you place a binding order for the goods contained in the shopping cart.

The purchase contract is concluded when we accept your order by sending an order confirmation by email. The order confirmation will be sent to the email address you provided during the ordering process.

4. Contract Language and Contract Text

The languages offered in the respective online shop or checkout are available for the conclusion of the contract.

Order data is stored by us in accordance with legal requirements. After completing your order, you will receive the essential order data by email.

If you use a customer account, you can also view the information provided there about your orders via your customer account.

The current version of these GTC can be accessed on our website. We recommend that you save the contract documents and order confirmations applicable to your order for your records.

5. Prices and Shipping Costs

For consumers, the prices stated in the online shop at the time of the order apply. The taxes applicable to the respective order and any additional shipping costs that may arise are displayed during the ordering process.

The available delivery countries and the shipping costs applicable to the respective delivery address are displayed in the online shop or at the latest at checkout.

Additional costs resulting from a special shipping method expressly chosen by the customer will also be displayed before the order is completed.

6. Delivery

Delivery takes place to the delivery address specified by the customer during the ordering process.

The applicable delivery times are shown with the product, in the shopping cart, or at checkout.

For individually manufactured or personalized pieces of jewelry, a different delivery time may apply. The delivery time indicated for the respective product or in the ordering process is decisive.

Self-collection is only possible if this option is expressly offered in the online shop or at checkout.

7. Payment Methods

The payment methods available for your order will be displayed during the ordering process or at checkout.

Depending on the selected payment method, payment processing may be carried out by an external payment service provider. In this case, the terms and conditions of the respective payment service provider may also apply, provided they are effectively incorporated into the payment relationship.

Unless a different due date is specified for a payment method, the invoice amount is due upon conclusion of the contract.

8. Retention of Title

The goods remain our property until the purchase price has been paid in full.

9. Transport Damage and Transfer of Risk

For consumers

If goods are delivered with obvious transport damage, we ask you to report such damage to the carrier if possible and to contact us at info@siriusdiamant.de.

Failure to report to the carrier or to contact us in a timely manner has no impact on your statutory rights, in particular your statutory rights regarding defects.

For entrepreneurs

For entrepreneurs, the risk of accidental loss and accidental deterioration passes to the buyer upon handover of the goods to the forwarder, carrier, or person otherwise designated to carry out the shipment, unless otherwise provided by law.

If the buyer is a merchant within the meaning of the German Commercial Code (HGB), the statutory obligations to inspect and give notice of defects, in particular § 377 HGB, additionally apply.

10. Statutory Warranty Rights

Statutory warranty rights apply.

If goods are defective, the buyer is entitled to statutory rights, in particular to subsequent performance, as well as, under statutory conditions, other rights such as reduction, withdrawal, or damages.

The expenses necessary for statutory subsequent performance, in particular transport, travel, labor, and material costs, shall be borne by us in accordance with statutory provisions.

Please contact us at info@siriusdiamant.de in the event of a suspected defect so that we can coordinate the further process with you.

11. Voluntary Sirius Diamant Guarantee

In addition to statutory warranty rights, a voluntary Sirius Diamant guarantee may exist for certain pieces of jewelry.

A voluntary guarantee does not limit your statutory rights in the event of defects. The requirements, scope, duration, and geographical coverage of our voluntary guarantee are set out in our separate guarantee conditions.

Further information can be found on our page Sirius Diamant Guarantee & Jewelry Service.

12. Right of Withdrawal for Consumers

Consumers are generally entitled to a statutory right of withdrawal for distance contracts, provided no statutory exception applies.

The conditions, deadlines, return costs, statutory exceptions, as well as the model withdrawal form can be found in our Cancellation Policy.

There you will also find the terms of our additionally granted voluntary 30-day return policy.

The voluntary return policy does not limit the statutory right of withdrawal or other statutory consumer rights.

13. Individually Manufactured and Personalized Jewelry

For goods that are not prefabricated and for whose manufacture an individual selection or determination by the consumer is decisive, or which are clearly tailored to personal needs, the statutory right of withdrawal may be excluded in accordance with legal requirements.

Whether a piece of jewelry falls under this statutory exception in a specific individual case depends on the nature and scope of the customization and manufacture.

Further details can be found in our Cancellation Policy.

Statutory warranty rights remain unaffected even for individually manufactured or personalized jewelry.

14. Consumer Dispute Resolution

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

15. Applicable Law

The law of the Federal Republic of Germany applies, excluding the UN Sales Convention.

For consumers, this choice of law only applies to the extent that it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence, provided these provisions are relevant under applicable legal regulations.

16. Place of Jurisdiction for Entrepreneurs

If the customer is a merchant, a legal entity under public law, or a special fund under public law, the legally permissible place of jurisdiction for disputes arising from the contractual relationship is our registered office.

Statutory exclusive places of jurisdiction remain unaffected.