§ 1 Scope and provider
These terms and conditions (T&C) apply to the transactions between you and us,
Diagen Diamond GmbH
- Keupstraße 68
- 51063 Köln
- Phone: 0(221) 27848560
- E-Mail: firstname.lastname@example.org
- CEO / Managing Director: Fatih Gencay
- Commercial register: Local Court Cologne
- Commercial register number: HRB 100254
- VAT: DE328860787
contracts concluded via this online shop.
The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions in other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
The version of these General Terms and Conditions valid at the time of the order shall apply. Deviating provisions shall only apply if they have been confirmed in writing by "DIAGEN" Diamond.
Our online shop is aimed exclusively at consumers of full age who have reached the age of 18. A consumer is any natural person who enters into legal transactions for purposes that are predominantly neither commercial nor self-employed.
Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions.
§ 2 Conclusion of contract
The presentation of the goods and services in our online shop www.diagendiamond.com does not constitute a legally binding offer, but rather a non-binding invitation to order (invitatio ad offerendum).
By clicking the button "Order subject to payment" in the last step of the ordering process, you submit a binding offer to purchase (§ 145 BGB) the goods displayed in the order overview. Immediately after sending the order, you will receive an automatically generated order confirmation, which, however, does not constitute an acceptance of your contractual offer. A contract between you and the shipping company is concluded. Please check the SPAM folder of your e-mail box regularly. We reserve the right not to accept the orders.
You can select goods for purchase in our online shop by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the rest of the ordering process. After selecting the items in the shopping basket and entering all the necessary order and address data in the following step, clicking the "Continue" button opens a page in which the essential item details, including any costs incurred, are summarised once again. Up to this point, you can correct your entries or withdraw from the contract declaration.
§ 3 Correction notice
As part of the ordering process, you first place the desired goods in the shopping basket. There you can change the desired number of items at any time or remove selected goods completely. If you have placed goods there, clicking on the "Checkout" button will first take you to a page where you can enter your data and then select the payment method after clicking on the "Next" button. Finally, an overview page opens where you can check your details. You can correct your input errors (e.g. regarding payment method and address data) by clicking on "Change" in the respective field. If you wish to cancel the ordering process completely, you can simply close your browser window. Otherwise, your declaration becomes binding after clicking the confirmation button "Order with obligation to pay".
§ 4 Saving the contract
The contractual provisions with details of the ordered goods and/or booked services, including these General Terms and Conditions and the cancellation policy, will be sent to you by e-mail with the acceptance of the contractual offer or with the notification thereof. We do not store the contractual provisions.
§ 5 Collection, storage and processing of your personal data
You can order goods in our online shop as a guest or as a registered user. As a registered user, you do not have to enter your personal data each time, but you can simply log in to your customer account before or during an order using your e-mail address and the password you freely chose during registration.
In order to carry out and process an order, we require the following data from you:
• First and last name
• E-mail address
• Postal address
• Telephone number (for possible queries in connection with the delivery)
If you wish to create a customer account, we require the data mentioned in para. 5.2. from you as well as a password freely chosen by you which corresponds to the specified password requirements.
We use the data you provide without your separate consent exclusively for the fulfilment and processing of your order(s), such as for the delivery of goods to the address you have provided. When paying by Sofortüberweisung, we also use your bank details for payment processing. Any further use of your personal data for the purposes of advertising, market research or for the needs-based design of our offers requires your express consent. You have the option of giving this consent before declaring your order. This declaration of consent is completely voluntary and can be accessed on our website and revoked by you at any time.
The data you provide will remain stored in your customer account until you inform us that you wish it to be deleted. Furthermore, or in the event that you only order as a guest or book without creating a customer account, we will only store your data within the scope of our tax and commercial law obligations.
If your personal details change, you are responsible for updating them yourself. All changes can be made online after logging in under "My account".
§ 6 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.
§ 7 Terms of payment
The purchase price is due immediately with the order.
The following payment methods are generally available in our shop:
When you place your order, you also send us your credit card details. After your legitimation as a legitimate cardholder, we will request your credit card company to initiate the payment transaction immediately after the order. The payment transaction is automatically carried out by the credit card company and your card is charged.
During the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After submitting the order in the shop, we request PayPal to initiate the payment transaction. The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
Payment per SOFORT Überweisung (Klarna)
SOFORT Überweisung is a direct transfer method and allows you to pay quickly and without additional registration. All you need is a bank account and online banking access. Select "Sofortüberweisung" in the order step "Payment & Shipping". After you have checked your order again on the following page "Check & Order", you will be redirected to the secure payment form of SOFORT Überweisung by clicking on the button "CONTINUE TO SOFORT TRANSFER" and release the automatically completed transfer form there using your usual online banking data. After the encrypted transfer, your successful payment is usually confirmed just a few moments later.
Any transfer costs and bank charges will not be covered by us.
Credit notes from returns will only be transferred back to the bank account from which the original order was paid.
§ 8 Delivery / Retention of title
Depending on your preference, you can have the goods delivered free of charge to the address you specify or collect them from the branch. The goods remain our property until full payment has been made. If you are more than 10 days in arrears with payment, we have the right to withdraw from the contract and reclaim the goods.
§ 9 Delivery conditions / presentation of the goods
Images of goods in advertisements, brochures, in the online shop and so on are for illustration purposes only and are not binding. The same applies to details of the individual goods, as these are for information purposes. Only the manufacturer's specifications are authoritative (e.g. regarding manufacturer's warranty). We reserve the right to change the goods specified in the online shop at any time and without prior notice and to limit the number of goods that can be purchased by a customer.
All information in the online shop on the availability and delivery time of goods is without guarantee.
If the Seller is unable to meet a delivery deadline for reasons for which it is not responsible (non-availability of the goods, for example due to force majeure), the Seller shall notify the customer of this without delay, stating the new expected delivery deadline, if applicable. If the new delivery period is not acceptable to the customer or if the goods are no longer available in part or at all within the new delivery period, both contracting parties shall be entitled to withdraw from the contract with regard to the goods concerned; in this case, the seller shall immediately reimburse the customer for any consideration already paid by the customer with regard to the unavailable goods.
Delivery shall be made subject to the condition of timely and proper self-delivery by the suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters as well as suspension of delivery by the manufacturer or sub-supplier, there shall be no delay in delivery. The seller is not liable for delays in delivery caused by manufacturing companies or third parties.
§ 10 Transport damage
If goods are delivered with obvious transport damage, please complain about such faults immediately to the delivery agent 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 be able to assert our own claims against the carrier or the transport insurance.
§ 11 Right of withdrawal
In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor to your independent professional activity, you have a right of withdrawal in accordance with the following provisions. The conditions listed below apply exclusively to the products ordered in the Diagen Diamond online shop!
You have the right to withdraw from a contract concluded online within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the (last) goods. In order to exercise your right of withdrawal, you must send us
Diagen Diamond GmbH
- Keupstraße 68
- 51063 Köln
- Phone: 0(221) 27848560
- E-Mail: email@example.com
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory. In order 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.
11.2. Consequences of revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. 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 the earlier. You must return or hand over the goods to us or to one of our branches without delay and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
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 for checking the condition, properties and functioning of the goods. Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please provide adequate protection against transport damage with suitable packaging in order to avoid claims for damages due to defective packaging.
§ 12 Warranty for purchases of goods
Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 ff. BGB).
If you are a consumer within the meaning of § 13 BGB (German Civil Code), the limitation period for warranty claims for used goods is - in deviation from the statutory provisions - one year. This limitation does not apply to claims based on damages resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligation) as well as to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents. The product illustrations may differ from the appearance of the delivered products.
If the goods are defective, we shall provide subsequent performance within a reasonable period of time, i.e. either replacement delivery or rectification of the defects. The place of performance for subsequent performance is our registered office. If the supplementary performance chosen by you is only possible at disproportionate expense, we shall be entitled to provide supplementary performance in the other form. The expenses required for the subsequent performance shall be borne by us. If a reasonable period of time for subsequent performance has elapsed without result, you shall have the right, at your option, to rescind the purchase contract or reduce the purchase price. If you decide to cancel the purchase contract, the services received by both parties must be returned and any benefits derived must be surrendered. If you are unable to return the goods received in whole or in part or only in a deteriorated condition, you may have to compensate us for the loss in value. However, the deterioration caused by the intended use shall not be taken into account. Claims for defects become statute-barred 2 years after the date of delivery of the goods.
The consumer's statutory rights under the warranty/liability for defects apply. Possible additional guarantees provided by the manufacturer improve the legal rights. In the event of a warranty claim, you can contact the manufacturer directly or the company Diagen Diamond with its entire branch network. In all other respects, the statutory provisions apply to the warranty.
§ 13 Limitations of liability
We shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons. In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
§ 14 Data protection
In connection with the initiation, conclusion, processing and reversal of a purchase contract on the basis of these GTC, data is collected, stored and processed by the provider. This is done within the framework of the statutory provisions. The Provider shall not disclose any personal data of the Customer to third parties unless it would be legally obliged to do so or the Customer has expressly consented to this in advance. If a third party is used for services in connection with the handling of processing operations, the provisions of the Federal Data Protection Act shall be complied with. The data provided by the customer by way of the order shall be processed exclusively for the purpose of contacting the customer within the framework of the processing of the contract and only for the purpose for which the customer has provided the data. The data will only be passed on to the shipping company that takes over the delivery of the goods according to the order to the extent necessary. The payment data will be passed on to the credit institution commissioned with the payment. Insofar as the provider is subject to retention periods under commercial or tax law, the storage of some data may last up to ten years. During the visit to the provider's online shop, anonymised data that do not allow any conclusions to be drawn about personal data and do not intend to do so, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the request of the customer, personal data will be deleted, corrected or blocked within the framework of the legal provisions. 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: Diagen Diamond, Keupstrasse 68. 51063 Cologne, Phone: 0(221)278 48 560, E-Mail: firstname.lastname@example.org (Click here for more details DATA PRIVACY)
§ 15 Final provisions
The terms and conditions set out herein are complete and final. Amendments and supplements to these Terms and Conditions should be made in writing in order to avoid ambiguities or disputes between the parties regarding the respective agreed content of the contract. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
We would like to point out that in addition to the ordinary legal process, you also have the option of settling disputes out of court in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the internet address: ec.europa.eu/consumers Our email address is: email@example.com. In accordance with § 36 VSBG, we would like to point out that we are not obliged or willing to participate in an out-of-court dispute resolution procedure before a consumer arbitration board.