Terms of service
By using this website you agree to the terms of use of CALEA DIAMONDS. Please read these terms and conditions carefully and, if necessary, print them out for your personal, non-commercial use or for future reference.
Check the terms and conditions regularly to always see the latest version.
We reserve the right to change these terms and conditions at any time without prior notice.
Scope of application
The following general terms and conditions apply to all sales contracts via the online shop of the brand CALEA DIAMONDS of Schilhabel GmbH as the seller and our customers who are consumers (hereinafter: buyers). According to Section 13 of the German Civil Code (BGB), consumers are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them.
Conclusion of contract
Our offers in the online shop are aimed exclusively at consumers of legal age. The offers are only product and price information and do not represent an offer in the legal sense. Only the online order of goods by the buyer by filling out the order form provided on our website and submitting this form by clicking the "Buy" button is binding Offer.
After the buyer has sent the order, he will receive an email from us with his order details. This email is only intended to confirm that we have received the order. It does not constitute a declaration of acceptance on our part.
After entering his personal data and selecting the desired payment method, the buyer submits a binding application to purchase the goods in the shopping cart using the "Buy" button. However, the application can only be submitted if the buyer accepts these terms and conditions by clicking on the "Accept Terms and Conditions" button and thereby includes them in his application.
The seller reserves the right to accept the order. The seller saves the contract text and sends the contract content to the customer by email. Registered customers who have a customer account can view the details of their order in their customer account. The seller is not obliged to conclude a contract based on an order. In particular, an order can be canceled or refused if there is a violation of these General Terms and Conditions or if there is a corresponding suspicion. Such a case exists, for example, if a customer has not paid for a previous order or if a previous order was found to have insufficient credit card coverage. A cancellation of the order and the rejection of future orders are also possible if the return rate for a customer is noticeably high and does not improve despite the relevant information. Furthermore, a cancellation of orders is also permissible if a customer suspects that he is a commercial buyer and the customer cannot refute this suspicion. A rejection of future orders is possible in this context if a customer has or should turn out to be commercially reselling the ordered goods. The customer will be informed of cancellations and rejections by email.
The contract is only concluded through the seller's express declaration of acceptance. The seller is entitled, but not obliged, to accept the customer's order within 7 days of receipt by the seller. The acceptance is declared by the fact that the seller sends the customer an order confirmation by e-mail to the specified e-mail address or sends the order to the customer.
The above also applies if the customer has already paid the purchase price or instructed to pay due to the selected payment method before the conclusion of the contract. If the contract does not come about in this case for whatever reason, the seller will inform the customer of this after checking the order and reimburse the advance payment. If the contract is concluded for at least some of the goods ordered, this will be communicated to the customer with the declaration of acceptance, i.e. the email with the invoice and the order confirmation. In this constellation, the reimbursement will be made to the extent of the non-deliverable goods.
Prices / terms of payment
All prices quoted are final prices including VAT. Delivery and shipping costs are calculated separately. The purchase price payment is due upon conclusion of the contract.
The buyer can only pay the purchase price and shipping costs for the ordered goods in the ways specified in the online shop - transfer / advance payment, credit card or PayPal.
When paying by bank transfer / advance payment, the buyer must transfer the order value to our account in advance. The dispatch takes place only after receipt of payment. If we do not receive the transfer of the purchase price and the shipping costs within fourteen days of the order, we are entitled to cancel the order.
The ordered goods remain our property until the purchase price has been paid in full.
After receiving the email with the invoice and order confirmation, the customer is obliged to accept the goods. Change requests and cancellation orders can no longer be considered or are only considered at the discretion of the seller and on a voluntary basis. The right of withdrawal is reserved below.
If a delivery does not reach the customer despite the shipping confirmation by the carrier or if the customer does not receive a message from the carrier within 2 days after the order confirmation, the customer must contact the seller's customer service immediately.
Presentation of the goods / delivery time / availability
The essential characteristics of the goods and / or services can be found in the item description and the additional information in the online store. Images of goods in advertising, brochures, in the online store, etc. are for illustration purposes only and are non-binding. We reserve the right to change the goods specified in the online store at any time and without prior notice and to limit the number of goods that a customer can buy.
Certain goods shown in the online store cannot be ordered and purchased directly from the online store. This is made transparent in the relevant product information. An inquiry form is available to the customer in the online store for each of these goods.
If the seller cannot meet a delivery deadline for reasons for which he is not responsible (unavailability of the goods, e.g. due to force majeure), the seller will notify the customer of this immediately, stating the new expected delivery time, if applicable Delivery time. If the new delivery period is not acceptable to the customer or if the goods are partially or no longer available within the new delivery period, both contracting parties are entitled to withdraw from the contract with regard to the goods in question.
The delivery takes place under the condition of the timely and proper self-delivery by the supplier. The seller is not liable for delivery delays caused by manufacturing companies or third parties.
The goods are available while stocks last. In exceptional cases, errors or corrections may occur, especially if several customers order the same goods at the same time. The seller is not responsible for missing stocks or unavailability of goods.
If not all of the goods ordered are in stock, the seller is entitled to make partial deliveries. If, after the conclusion of the contract, it turns out that goods cannot be delivered either in part or in total for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.
The subject of the contract are the goods specified by the buyer in the context of the order at the final prices stated in the online shop. Errors and mistakes are reserved, especially with regard to the availability of the goods. The quality of the goods ordered results from the product descriptions in the online shop. Images there may only show the products inaccurately and serve only as illustrative material. All dimensions are approximate, small deviations upwards and downwards are permitted.
Right of withdrawal
(1) Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us, the
Schilhabel GmbH z.H. CALEA DIAMONDS
Email: info@caleadiamonds.com
by means of a clear declaration of your decision to withdraw from this contract. To meet the cancellation deadline, it is sufficient for you to send your notification of 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.
You have to return the goods to us immediately and in any case no later than 14 days from the date on which you informed us of the cancellation of this contract or to hand them over to us. The deadline is met if you send the goods before the period of fourteen days has expired.
The seller can refuse the repayment until he has received the goods back or until the customer has provided evidence that he has sent the goods back, whichever is earlier.
The customer assumes the direct costs of returning the goods for the package himself.
The customer only has 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 condition, properties and functionality of the goods.
Exclusion of the right of withdrawal: The right of withdrawal does not apply to goods that are not prefabricated and for whose manufacture an individual selection or determination by the customer is decisive or that are clearly tailored to the personal needs of the customer. This applies, for example, to individual engravings or changes to the goods, as well as to engagement and wedding rings.
Transport damage
If goods are delivered with obvious transport damage, the customer must report such errors to the transport company immediately and contact the seller immediately. Failure to lodge a complaint or to contact us has no consequences whatsoever for legal claims and their enforcement, in particular warranty rights. However, the customer helps the seller to assert their own claims against the carrier or transport insurance.
Returns and exchanges
You have the right to enter into the contract established by our written order confirmation without giving any reason within fourteen (14) days from the time at which you or a person named by you (other than the carrier) physically comes into possession of the products in your order to cancel. If you are a customer based in the European Union or the European Economic Area and have made the purchase through the sales channels, it is considered your statutory right to be able to withdraw from the contract. To meet the deadline that must be observed for withdrawals from the contract, it is sufficient that you withdraw from the contract before the withdrawal period has expired.
To terminate the contract and return your product (s), you can either contact our office at the email: info@caleadiamonds.com and follow the instructions of our staff, or send us an unequivocal statement such as a letter by post send the following address:
Schilhabel GmbH
z.H. CALEA DIAMONDS
Nürnbergerstrasse 24
10789 Berlin
Germany
Special rules apply to our engagement and wedding rings as commissioned work, as they are made.
(a) Condition of the returned products
We will check whether the returned product meets the conditions of the return and exchange policy. If so, the refund or exchange will be processed.
The products are new, unused and in perfect condition, packed in the protective material provided. We reserve the right not to accept returns if the product shows signs of wear, has been used or worn, or has been altered in any way from its original condition.
All returns are subject to strict quality control by us to ensure that the returned products meet the above requirements. If products do not meet our QC standards, we will refuse to accept the return and will send the products back to you again. If the returned product passes the QC, we will arrange the respective refund or exchange.
In the event of a breach of these conditions of sale, we are entitled to refuse to accept the returned product and to send it back to you at your own expense.
(a) Products that cannot be returned or exchanged
Orders for products that have been personalized in any way or made to measure for you according to your specifications cannot be canceled and said products cannot be returned to us for exchange or refund. This includes, among other things, the products that have been provided with an engraving or embossing. As a matter of principle, we cannot return engagement and wedding rings, as the size, color and stones are put together and made individually for the customer.
(b) Refunds
You can return a product purchased through the sales channels to us for a refund if the return meets these conditions of sale and specifically (a) the right to cancel and (b) the return procedure set out above.
Only the buyer is entitled to receive a refund of the purchase price. Under no circumstances will any person who received the Product as a gift (i.e. a "Gift Recipient") be entitled to a refund. If you are a gift recipient and would like to return a product, please contact info@caleadiamonds.com to discuss your options.
If the return meets these conditions of sale, the buyer will be refunded the purchase price within fourteen (14) days of receipt of the returned item on the account / or payment method used by the buyer for the original transaction. Unless we have delivered a defective product, you will not be reimbursed for the original shipping costs.
(c) Exchange
You can return a product purchased through the sales channels to us for exchange for another CALEA DIAMONDS product if the return meets these conditions of sale and specifically (a) the right of termination and (b) the return procedure set out above.
In any event, the sale of the returned product will be canceled and a new order must be placed for the product ordered.
If a product is returned to us for exchange for a cheaper product, only the buyer of the returned product is entitled to receive a refund for the difference in price.
If a product is returned for the purpose of exchanging it for a cheaper product, the person making the return is only entitled to a refund or to receive a goods credit in the amount of the difference in price.
If a product is exchanged for a more expensive one when it is returned, you will be responsible for the price difference.
Transfer of risk
If we send the goods to the buyer, the risk of loss or damage to the goods is transferred to the buyer when he or a third party named by the buyer who is not the carrier has taken possession of the goods. It is the same as taking possession if the buyer is in default of acceptance.
Guarantee
The buyer is obliged to notify us of obvious defects in writing within 14 days of receipt of the goods; To meet the deadline, it is sufficient to send the notification within the deadline. The defects are to be described in as much detail as possible for the buyer.
If a service provided by us is defective, the buyer can request supplementary performance. We will provide supplementary performance within a reasonable period of time, i.e. either a replacement delivery or the removal of defects. If the form of supplementary performance chosen by the buyer is only possible with disproportionate costs, we are entitled to supplementary performance in the other form.
If the buyer wants to demand compensation instead of performance in the event of a defect and the item needs to be repaired, the subsequent improvement will only fail after the unsuccessful second attempt. The statutory cases of dispensability of setting a deadline remain unaffected.
If a reasonable period for supplementary performance has elapsed without result, the buyer has the right to withdraw.
If the purchaser reports a defect that we have not checked, and if the purchaser was aware of the non-existence of the defect at the time of notification or if he was in error due to negligence, the purchaser shall compensate us for the damage incurred. The buyer is entitled to prove that the indicated defect does exist. Within the framework of the above provisions, we are particularly entitled to demand that the purchaser reimburse us for the expenses we incur, for example for the examination of the item or the repairs requested by the purchaser.
In addition, the statutory rights of the buyer apply in the context of warranty / liability for defects. Any additional guarantees we provide improve legal rights. The buyer can contact us directly in the event of a warranty claim.
Statute of limitations
The limitation period for claims for defects and claims for damages due to defects is - regardless of the legal reason - a uniform two years.
The statute of limitations for claims for damages according to paragraph 1 apply to all claims for damages against us that are related to the defect - regardless of the legal basis of the claim.
However, the above limitation periods apply with the following stipulation:
The limitation period for all claims for damages begins with the delivery.
Final provisions
The law of the Federal Republic of Germany applies with the exception of the UN Sales Convention, the applicability of which is hereby expressly excluded.
Changes or additions to the contract must be made in writing.