General order, delivery, payment and terms and conditions of Diberget.
(hereinafter referred to as DIBERGET), Pelikaanstraat 62, 2018 Antwerp, Belgium
These general terms and conditions are the content of all deliveries by DIBERGET. Our terms and conditions also apply to all future orders, deliveries, and business with the buyer. They are recognized by the buyer.
The purchasing conditions of the buyer are excluded. Other agreements must be made in writing on both sides.
Silence is expressly not considered consent!
All agreements, including oral and/or telephone, are null and void if we do not confirm them in writing!
Offers of diamonds/goods are always subject to change unless otherwise agreed in writing!
The contract comes into being when the customer places an order or through a written order confirmation from DIBERGET or when the order is executed by GmbH!
Reserved goods that we leave to the customer to choose from are finally accepted if and insofar as we do not receive the diamonds/goods back within 14 days.
For firm orders that are received and confirmed by 5 p.m., DIBERGET will send the goods for dispatch by 6 p.m. on the next working day at the latest. The same applies to selection and commission deliveries/orders.
However, the specified delivery dates are non-binding, unless they are expressly confirmed in writing by DIBERGET as binding!
A claim for damages by the customer due to delayed delivery is excluded unless DIBERGET is liable for intent or gross negligence due to mandatory legal regulations. Liability according to § 278 BGB is expressly excluded!
The customer is only permitted to dispose of sales proceeds after all claims of DIBERGET for payment of the reserved goods/commission diamonds / have been settled or paid!
The customer undertakes to keep the sales proceeds received until they are paid to DIBERGET separately from his other assets!
In this respect, the customer expressly assumes a duty of loyalty to DIBERGET. If the customer violates the existing asset management obligation, we are entitled to file criminal and civil actions. Furthermore, DIBERGET GmbH is entitled to make all existing claims due immediately.
DIBERGET expressly declares that the customer has the right to return at any time with regard to such commission goods delivered by DIBERGET that could not be sold to end customers. After the proper return of the undamaged goods subject to retention of title, DIBERGET will credit the customer with the amount invoiced if an invoice has already been created.
Passing on the reserved goods to sub-commissioners is only permitted with the prior written consent of DIBERGET. In addition, the sub-commissioner must irrevocably acknowledge our general terms and conditions in writing!
As of December 31 of each calendar year, the customer is obliged to return all reserved goods / commissioned goods that have not been sold by DIBERGET for inventory purposes. The return takes place via Intex/FedEx or a value transport company accepted by DIBERGET!
Diamonds are traded worldwide on a US $ basis. Our price lists are created in euros and Bitcoin. If the price of the US $ changes by more than 1%, both the customer and we can request an adjustment to the current US $.
Orders with price information will be irrevocably accepted if we do not contradict the prices according to the order within one working day. For customers, the prices according to the order are irrevocable.
The price lists can be called up and printed out daily via the Internet using a password we have given (on request).
Commission diamond prices change as prices on the inventory and diamond price lists change. The prices change in any case if the diamond prices change according to the Rapaport lists.
In the case of a value logistics shipment as well as a shipment via a courier commissioned by DIBERGET, the company DIBERGET will take out security insurance for the goods subject to retention of title.
Other transport routes requested by the customer (such as UPS, DPS, etc.) are expressly insured by the customer. The company DIBERGET no way to ensure these deliveries!
If the shipment is delayed at the request of the customer or other reasons caused by the customer, the risk passes to the customer when the readiness for dispatch is reported.
The commission agent/selection recipient hereby confirms that he bears the risk of damage and accidental loss of the reserved goods provided to him. He undertakes to adequately insure the goods subject to retention of title in a suitable manner and to include the insured interest of the owner. In addition, he undertakes to observe the storage regulations of his own insurer.
If there is no insurance contract and insurance coverage, the customer must notify DIBERGET in writing when placing the order, but in any case before delivery!
For the rest, our general terms and conditions also apply exclusively to selected deliveries of reserved goods. Regardless of the risk borne by the customer, the goods are insured by us on the transport route (see Section 4, Paragraph 8).
However, the customer must assert the transport damage immediately.
Returns of goods, including selection deliveries, are only covered by our transport insurance if the customer meets the following requirements:
- The customer must use the same form of dispatch as when we sent the goods.
- The goods must be carefully packed.
- The return of goods must be insured by the customer's insurance. Diberget does NOT insure any value for returned goods (for whatever reason)
If the above requirements and shipping regulations are not observed, the customer remains obliged to pay for our goods in any case.
Goods that are not our property are not insured on the way from us to the customer, nor from the customer to us.
Complaints of all kinds are to be made immediately in writing, for domestic purchases within 3 days and for foreign purchases within 4 days - in each case after delivery of the goods to the destination.
Hidden defects must be reported immediately upon discovery.
In the event of timely and justified notices of defects, the seller is obliged, at his option, to rectify the defect or to deliver a replacement. If the rectification or replacement delivery fails, the buyer can request a reduction or, at his option, change.
Our liability is limited to the value of the goods.
For shipments from customers to us for the creation of certificates at GIA, HRD, IGI, etc. No guarantee is given with regard to the criteria in the certificate/expertise / as well as for transport by Deutsche Post or other similar service companies!
The company DIBERGET expressly declares that the expertise (s) made available to the customer relates to the diamond (s) designated. Warranty claims regarding such properties of the diamond, which are referred to in the expertise/diamond certificate, do not exist against DIBERGET.
The delivered goods remain our property until all claims arising from our business relationship - including future claims - including all ancillary claims have been paid in full and until bills of exchange and checks have been cashed. This also applies if the purchase price for certain goods delivered by us has been paid.
If the retention of title is not effective according to the laws of the country to which the diamonds / the reserved goods / have been delivered, the security corresponding to the retention of title or the assignment in accordance with the laws there is deemed to be agreed! If the cooperation of the customer is required, the customer is obliged to take all measures necessary to establish and maintain such rights!
In the case of current invoices, our retention of title, as set out above, shall serve as security for our balance claim.
If we assume alternate liability in the interest of the customer as an exhibitor of a change of direction or acceptor, our rights from retention of title will only expire when the customer has fully honored the change or has released us from our alternate liability.
The customer may only sell our reserved goods in the ordinary course of business.
Goods sold to the client will remain in full property of Diberget until the client has paid the invoice (within the specified payment date). Failing payment within the payment date period required an immediate return of goods to Diberget.
Pledging or transfer by way of security of the reserved goods is not permitted. Violations fulfill the facts of infidelity and embezzlement according to § 266 StGB, fraud according to § 263 StGB and will be punished with a criminal complaint without exception!
If our goods subject to retention of a title should not be resold in cash, the customer hereby assigns his purchase price claim against the purchaser to us in the amount of our invoice price as security. We accept the assignment. The customer is revocably authorized to hold the claim assigned to us in trust for us
Any lawsuits will be held under Belgian law, district Mechelen.