Terms & Conditions

Terms & Conditions

 

§ 1 Scope and Provider

 

These general terms and conditions apply to all orders that you place in the online shop of

 

Zen Diamond Bulgariac-Ka Grup D Ltd

 

Batovska 19, Dobrich 9300, Bulgaria

 

Commercial register: Bulgaria

 

Commercial register number: BG205581077

 

Email: [email protected]

 

The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.

 

Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions also apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted.

 

The contract language is exclusively English.

 

 

You can call up and print out the currently valid general terms and conditions on the website.

 

 

 

§ 2 conclusion of contract

 

 The presentation of goods on www.zen-diamond.de does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop.

By clicking the button “Order now with obligation to pay” you are submitting a binding purchase offer (§ 145 BGB).

After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.

A purchase contract for the goods is only concluded when we expressly declare our acceptance of the purchase offer or when we send the goods to you - without a prior express declaration of acceptance.

Zen Diamond  reserves the right to cancel orders up to the end of the next working day after the order, if incorrect prices or product features have been specified due to typing errors.

 

 

 

§ 3 prices

 

The prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs

 

 

§ 4 terms of payment; Default

 

 1- Payment can be made either:

Credit Card or Bank transfer.

 

If you choose to pay in advance, we will give you our bank details in the order confirmation. The invoice amount must be transferred to our account within 7 days of receipt of the order confirmation.

 

When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (“authorization”). Your credit card account is actually charged at the time we send the goods to you.

 

When paying by direct debit, you may have to bear the costs that arise as a result of a reversal of a payment transaction due to insufficient funds in your account or due to incorrectly transmitted bank details.

 

If you fall into arrears with a payment, you are obliged to pay the statutory default interest in the amount of 5 percentage points above the base rate. For every reminder sent to you after the default has occurred, you will be charged a reminder fee of EUR 2.50, unless a lower or higher damage is proven in individual cases.

 

 

 

§ 5 Offsetting / Right of Retention

 

You are only entitled to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.

You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

 

 

§ 6 delivery; Retention of title

 

Unless otherwise agreed, the goods are delivered from our warehouse to one of our branches. Depending on your wishes, you can have the goods delivered free of charge to the address you have given or pick them up at the branch.

 

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

If you are an entrepreneur within the meaning of Section 14 of the German Civil Code, the following also applies:

We reserve title to the goods until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted.

 

You may resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that you accrue from the resale. We accept the assignment, however you are authorized to collect the claims. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.

 

When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

 

We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is incumbent on us.

 

 

§ 7 cancellation policy

 

In the event that you are a consumer within the meaning of Section 13 of the Bulgarian Civil Code, i.e. making a purchase for purposes that are predominantly neither commercial nor self-employed, you have a right of withdrawal in accordance with the following provisions.

 

 Right of withdrawal

 

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is thirty days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods. In order to exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the attached model withdrawal form for this purpose, but this is not mandatory.

 

To meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.

 

Consequences of the withdrawal

 

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back. You must return or hand over the goods to us or to one of our branches immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of thirty days has expired. We bear the direct costs of returning the goods.

 

 You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

 

The right of withdrawal or a change in the size of the ring does not apply to the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. special sizes, custom-made products with special stones that are not in our range and are made on request) Articles that are returned by the customer for size adjustment, extension, engraving or other repairs and are sent back to the customer after the corresponding repair are considered to be custom-made and are therefore dated Revocation and a further change in the size of the ring are excluded.

 

 *Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against transport damage in order to avoid claims for damages due to damage caused by inadequate packaging.

 

 * Before returning the products, please  write an email  [email protected] or call 00359887495599 to de to announce the return. In this way you enable us to assign the products as quickly as possible.

 

 Please note that the modalities mentioned in the paragraphs marked with an * are not a prerequisite for the effective exercise of the right of withdrawal.

 

Sample cancellation form

 

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

 

 To: Customer Service

 

Company: Zen Diamond 

 

Address: Batovska 19, Dobrich, Bulgaria

 

Email: [email protected]

 

 I hereby revoke the contract I have concluded for the purchase of the following goods:

 

 

 

Item number                :

 

Order number                :

 

Ordered / received on:

 

Name of the consumer:

 

Address of the consumer:

 

 

 

 

Signature of the consumer (only if this is communicated on paper)

 

 Date                                                                                                                                                  End of revocation

 

 

§ 8 Transport Damage

 

If goods are delivered with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible.

 

Failure to make a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to assert our own claims against the carrier or the transport insurance.

 

 

§ 9 Warranty

 

Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of the sales law (§§ 433 ff. BGB).

 

If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the limitation period for warranty claims for used items, contrary to the statutory provisions, is one year. This restriction does not apply to claims due to damage to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

 

 The product images can differ from the appearance of the delivered products.

 

If the goods are defective, we will provide supplementary performance within a reasonable time, i.e. either a replacement delivery or the removal of the defects. The place of performance for the supplementary performance is our registered office. If the supplementary performance you have chosen is only possible with disproportionate costs, we are entitled to supplementary performance in the other form. The expenses required for the supplementary performance are borne by us. If a reasonable period for supplementary performance has elapsed without result, you have the right to cancel the purchase contract or to reduce the purchase price, as you choose.

 

 If you decide to cancel the purchase contract, the services received on both sides are to be returned and any benefits that may have been used are to be surrendered. If you cannot return the received service in whole or in part, or if you can only return it in a deteriorated condition, you may have to compensate us for the value. However, the deterioration caused by the intended use is not taken into account.

 

Claims for defects become statute-barred 2 years from the time of delivery of the goods.

 

The statutory rights of the consumer apply in the context of warranty / liability for defects. Any additional guarantees provided by the manufacturer improve the legal rights. In the event of a warranty claim, you can contact the manufacturer directly or Zen Diamond GmbH with the entire branch network.

 

In addition, the statutory provisions apply to the warranty.

 

If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:

 

Only our own information and the manufacturer's product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.

 

You are obliged to inspect the goods immediately and with the necessary care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.

 

In the event of defects, we guarantee, at our option, repair or replacement delivery (supplementary performance). In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

 

If the supplementary performance fails twice, you can either request a reduction in price or the contract resign.

 

 The warranty period is one year from date of delivery.

 

 

§ 10 liability

 

Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of people.

 

In addition, the following limited liability applies: In the event of slight negligence, we are only liable in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time of conclusion of the contract and the occurrence of which must typically be expected. This limitation of liability also applies in favor of our vicarious agents.

 

 

§ 11 data protection

 

 In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these terms and conditions, the provider collects, stores and processes data. This takes place within the framework of the statutory provisions. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has expressly consented in advance. If a third party is used for services in connection with processing processing, the provisions of the Federal Data Protection Act will be complied with. The data communicated by the customer in the course of the order will only be processed to establish contact within the framework of contract processing and only for the purpose for which the customer made the data available. The data will only be passed on to the shipping company that is responsible for delivering the goods as required. The payment data will be passed on to the credit institute commissioned with the payment. Insofar as the provider has retention periods of a commercial or tax nature, the storage of some data can take up to ten years. During the visit to the provider's internet shop, anonymized data, which do not allow any conclusions to be drawn about personal data and are also not intended, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, the personal data will be deleted, corrected or blocked in accordance with the statutory provisions. A free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Zen Diamond Bulgaria, Ka Grup D LTD, [email protected]. (Click here for details PRIVACY POLICY)

 

 

 

§ 12 final provisions

 

 

Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions.

 

Bulgarian law is exclusively applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law").

 

If you are a businessman, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

 

Status: January 2023