Terms & Conditions, Delivery

1. General Provisions

1.1 These General Terms and Conditions of Sale (“GTCS”) shall apply to all contractual relationships of Corundumstones Mining Estate Ltd. (hereinafter referred to as: “Supplier”) with its customers (hereinafter referred to as: “Customer”). The GTCS shall apply only if the Customer is a Company).
1.2 In particular, the GTCS shall apply to contracts for the sale and / or supply of movable items (hereinafter referred to as: “Goods”), irrespectively of whether the Supplier produces the Goods itself or sources them from suppliers. The GTCS, as amended from time to time, shall also apply as a framework agreement to future contracts with the same Customer for the sale and / or delivery of movable items, without any requirement on the part of the Supplier to make additional future reference to the GTCS in each individual case.
1.3 These GTCS shall be exclusively applicable. Any general terms and conditions of the Customer that depart from, conflict with or supplement the GTCS shall form part of the contract only if and to the extent that the Supplier has expressly consented to the validity of such in writing. This requirement of consent shall apply in all cases, including, without limitation, in cases where the Supplier unconditionally carries out a delivery to the Customer in the knowledge of the Customer’s general terms and conditions.

2. Prices and Payment Conditions

2.1 The prices shall be on an ex-warehouse basis and shall exclude packaging, insurance and any applicable sales tax.
2.2 Any custom duties, fees, taxes and other public charges shall be borne by the Customer. The Supplier shall not accept the return of any transport or other packaging; these shall become the property of the Customer.
2.3 Payments must be made to the Supplier free of all charges and without any deductions, unless otherwise agreed by both parties in writing.
2.4 Invoices shall be payable in full prior to delivery, unless otherwise agreed between Supplier and Customer.

3. Delivery Times; Failure to Deliver and to Take Delivery

3.1 Times set for deliveries can only be observed if all documents to be supplied by the Customer, necessary permits and clearances, are received in time, and if agreed terms of payment and other obligations are fulfilled by the Customer. If these conditions are not fulfilled in time, the Supplier shall be entitled to extend the times by a reasonable degree; this shall not apply where the Supplier is responsible for the delay.
3.2 If the failure to observe the times is due to force majeure such as mobilization, war, civil unrest or similar events, e.g. strike or lockout, the Supplier shall be entitled to extend the times by a reasonable degree.
3.3 At the Supplier’s request, the Customer shall declare within a period of two weeks whether the Customer is rescinding the contract due to the delayed delivery. If the Customer fails to make such declaration within this period, its right to rescission shall be lost.
3.4 If dispatch or handover is delayed at the Customer’s request by more than one month after notice of the readiness for dispatch was issued, the Customer may, for every commenced week after the one-month-period, be charged storage and insurance costs of 1 % of the price of the items to be delivered, but no more than a total of 100 %. The parties to the contract reserve the right to prove that higher or lower storage and insurance costs have been incurred; the fixedsum storage and insurance cost is to be applied against any more extensive monetary claims.
3.5 Where a contractual right to return the Goods has been agreed upon, the Customer shall bear the packaging and dispatch costs. The risk of deterioration, robbery, loss and possible destruction shall be borne by the Customer up until receipt of the returned Goods.

4. Delivery, Transfer of Risk

4.1 The delivery shall take place on an ex warehouse basis; this shall also constitute the place of performance. At the request and expense of the Customer, the Goods may be dispatched to a different location (sale by delivery). Unless agreed otherwise, the Supplier shall be entitled to determine the type of delivery (including, without limitation, the transport company, method of delivery, packaging) itself.
4.2 The risk of accidental destruction and accidental deterioration of the Goods as well as the risk of delays shall, also in the case of freight free delivery, pass to the Customer as follows: 4.2.1 In the case of a sale by delivery, the risk shall pass upon the Goods being passed to the carrier, freight forwarder or any other person or organization appointed for the delivery of the Goods. At the request and expense of the Customer, the delivery shall be insured by the Supplier against the standard risks of transportation; 4.2.2 Where a requirement of inspection and acceptance of the Goods by the Customer has been agreed upon, the passing of risk shall take place upon such inspection and acceptance. Without prejudice to the foregoing, the statutory rules governing work contracts requiring a specific result shall apply accordingly; Section 9.6 shall remain unaffected.
4.3 The risk shall pass to the Customer if the dispatch or the handover is delayed due to reasons for which the Customer is responsible, or if the Customer has failed to take delivery for any other reason.
4.4 The Customer may not refuse a delivery on the basis of minor defects. Partial deliveries shall be permissible insofar as this is reasonable for the Customer.

5. Retention of Title

5.1 The Supplier reserves the right to retain title in the sold Goods and the Consignment Items up until full payment on all current and future claims of the Supplier arising under the purchase contract and an ongoing business relationship (hereinafter referred to as: “Secured Claims”).
5.2 Prior to full payment on the Secured Claims, the Goods subject to the retention of title may not be pledged to third parties, nor may title therein be transferred for the purpose of security. The Customer shall be obliged to notify the Supplier in writing and without delay if and to the extent that third parties gain access to the Goods belonging to the Supplier.
5.3 The Customer shall be authorized to resell and / or process the Goods that are subject to the retention of title, in the ordinary course of business. In such case, the following additional provisions shall apply.
5.3.1 The retention of title shall extend to products created as a result of the processing, mixing or combining of the Goods of the Supplier, to the extent of their full value; in such case, the Supplier shall be deemed the producer.
5.3.2 If, in the case of processing, mixing or combining with goods of third parties, the proprietary right of a third party continues to exist, the Supplier shall acquire proportionate coownership of the finished product on the basis of the value of the relevant Goods as invoiced by the Supplier vis-à-vis the Customer. In all other cases, the rules applicable to the delivered Goods subject to the retention of title shall also apply to the product created.
5.3.3 For the purpose of security, the Customer hereby fully assigns to the Supplier all claims arising against third parties in connection with the resale of the Goods or of the product in the case of 5.3.1 and / or in the case of 5.3.2 above in the amount of the Supplier’s coownership share. The Supplier hereby accepts such assignment. The Customer’s obligations set forth in Section 5.2 shall also apply with regard to the assigned claims.
5.3.4 The Customer shall, in addition to the Supplier, remain authorized to enforce the thirdparty claim. The Supplier undertakes to refrain from enforcing the thirdparty claim to the extent that the Customer continues to meet its payment obligations towards Supplier and does not default on payment; that no application for the initiation of insolvency proceedings has been filed in respect of the Customer’s assets; and that there are no other defects in the Customer’s ability to meet its obligations. Should this be the case, however, the Supplier may demand that the Customer notifies it of the assigned claims and the respective debtors, provides all other information required for enforcement purposes, supplies related documentation, and notifies the debtors (third parties) of the assignment.
5.3.5 In the event that the attainable value of the security should exceed the Secured Claims of the Supplier by more than 20 %, the Supplier shall, upon request by the Customer, release securities as selected by the Supplier.

6. Quality Defects

6.1 Deliveries for which a quality defect arises within the limitation period shall, at the choice of the Supplier, be amended, replaced or performed again free of charge provided that the cause of the defect already existed at the time when the risk passed to the Customer. Without prejudice to more extensive liability for damages as may arise under Section “Other Claims for Damages”, the Supplier, in accordance with its duties of specific performance, shall not be required to remove a defective item from a different item (not supplied by the Supplier) in which the defective item is integrated, nor shall it be required to cover the costs of integrating a replacement or repaired item.
6.2 Claims resulting from quality defects shall be subject to a limitation period of 12 months.
6.3 The Customer shall notify quality defects (including, without limitation, incorrect or insufficient deliveries) to the Supplier in writing and without delay. Such notice shall no longer be deemed “without delay” where it is not given within two weeks; this deadline shall be deemed to have been met if the notice is received by the Supplier within this period.
6.4 The Supplier shall be entitled to make any owed remedy of specific performance conditional upon the payment of the due purchase price by the Customer. In such case, however, the Customer shall be entitled, pursuant to Section “Prices and payment terms”, to withhold a reasonable portion of the purchase price in relation to the defect. Unjustified notices of defects shall entitle the Supplier to have its expenses reimbursed by the Customer.
6.5 The Supplier shall first be given the opportunity to carry out specific performance within a reasonable period of time. If the specific performance is unsuccessful, the Customer shall be entitled to rescind the contract or to a reduction in the fee.
6.6 In view of the fact that the Goods are natural products of worldwide origin, there shall be no Customer claims for a specific place of origin of the Goods, unless this has been expressly assured by the Supplier. Also, there shall be no claims resulting from defects based on minor deviations from the agreed nature and quality of the Goods, including but not limited to minor deviations in color, texture, purity and weight of the Goods. Nor shall there be claims resulting from defects based on minor deviations caused during the processing of the Goods (including but not limited to inconsistencies among a series of Goods of the same type and cut) as a result of the inherent, material nature of the Goods, defects relating to minor impairment of usefulness, or natural wear and tear or damage arising after the passing of risk as a result of faulty or negligent handling, excessive use, unsuitable equipment, defective workmanship or from particular external influences not assumed under the contract. Likewise, claims based on defects attributable to improper modifications, processing or repair work carried out by the Customer or third parties or to the consequences thereof shall also be excluded.
6.7 The Customer shall have no claims with respect to expenses incurred for the purpose of specific performance, including costs of travel and transport, labor and material, where expenses are increased because the items for delivery were subsequently brought to a location other than the Customer’s premises, unless doing so is consistent with its intended use.
6.8 The Customer’s rights of recourse against the Supplier pursuant shall only exist insofar as the Customer has not made any agreements with its customer exceeding the scope of statutory rules governing claims arising from defects. Moreover, Section 6.7 shall apply accordingly to the scope of the Customer’s right of recourse against the Supplier pursuant.
6.9 Without prejudice to the above, the provisions of Section “Other Claims for Damages” shall apply in respect of claims for damages. Any other claims of the Customer against the Supplier or its appointees, or any such claims other than those set forth in this Section 6, resulting from a quality defect shall be excluded.

7. Industrial Property Rights and Copyright; Defects In Title

The Supplier hereby fully reserves any proprietary rights and / or copyrights with regard to the use of cost estimates, drawings, designs, gemstone cuts, gemstone carvings, prototypes, manuals and other documents relating to the Goods (hereinafter collectively referred to as: “Documents”). The Documents shall not be made accessible to third parties without the Supplier’s prior consent and shall, upon request, be returned without delay to the Supplier if the contract is not awarded to the Supplier. Sentences 1 and 2 shall apply accordingly to Documents of the Customer; they may, however, be made accessible to those third parties to whom the Supplier has lawfully transferred the supplies.

8. Impossibility of Performance, Adjustment of the Contract

8.1 To the extent that delivery is not possible, the Customer shall be entitled to claim damages, unless the Supplier is not responsible for the impossibility. The Customer’s claim for damages shall, however, be limited to an amount of up to 10 % of the value of that part of the delivery which, owing to the impossibility, cannot be put to the intended use. This limitation shall not apply in the case of mandatory liability based on intent, gross negligence, death, personal injury or damage to health; this shall not result in a change in the burden of proof to the detriment of the Customer. The right of the Customer to rescind the contract shall remain unaffected.
8.2 Where unforeseeable events within the meaning of Section “Delivery Times; Failure to Deliver and to Take Delivery” substantially change the economic basis or contents of the contractual performance or considerably affect the Supplier’s business, the contract shall be reasonably adjusted having regard to the principles of good faith. Where doing so is economically unreasonable, the Supplier shall have the right to rescind the contract. If the Supplier intends to exercise its right of rescission, it shall notify the Customer thereof within three weeks of becoming aware of the event. If the Supplier fails to give such notice within this period, its right of rescission shall be lost.

9. Other Claims for Damages

9.1 The liability of the Supplier for damages, irrespective of the legal basis of such liability, applies only in the event of intentional or grossly negligent conduct. In the event of basic negligence, the Supplier shall only be liable for damage resulting from death, personal injury or damage to health, or for damage resulting from the violation of a fundamental contractual obligation (an obligation the fulfillment of which renders the proper performance of the contract possible in the first instance and the compliance with which a contractual partner typically does, and is entitled to, relies upon); in such case, however, the liability of the Supplier shall be limited to the reimbursement of foreseeable and typical damage.
9.2 The limitations of liability set forth in Section "Other Claims for Damages" shall not apply in the event that the Supplier has willfully concealed a defect or has provided a guarantee as to the nature and quality of the Goods. The manufacturer’s warranty shall not constitute the providing of a guarantee by the Supplier.
9.3 To the extent that the Customer has valid claims for damages under this Section 9, such claims shall become time barred upon expiry of the limitation period applicable to quality defects pursuant to Section “Quality Defects”. In the case of claims for damages, the statutory provisions governing limitation periods shall apply.

10. Venue and Applicable Law

10.1 If the Customer is considered a business person, the sole venue for all disputes arising directly or indirectly from or in connection with the contractual relationship between the Supplier and the Customer shall be the Supplier’s place of business. However, the Supplier may also bring an action at the general place of jurisdiction of the Customer.
10.2 Legal relations existing in connection with the contractual relationship between the Supplier and the Customer shall be governed by substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). The requirements and effects of the retention of title agreed above shall be governed by the law applicable at the place of the storage of the Goods insofar as the choice in favor of law should be unlawful or invalid pursuant to the respective law.

General Terms and Conditions for the Webshop

1. Scope

1.1 These terms and conditions (hereinafter referred to as the “GTC”) of Corundumstones Mining Estate Ltd. (hereinafter referred to as the “Vendor”) apply to all contracts concluded between a customer or entrepreneur (hereinafter referred to as the “Customer”) and the Vendor in the Vendor’s online shop. The inclusion of the Customer’s own conditions is ruled out, unless otherwise agreed.
1.2 An entrepreneur is a private individual or legal entity or a legal partnership who concludes a legal transaction in the exercise of his commercial or independent professional activity.

2. Contract conclusion

2.1 The display of goods, particularly in the online shop, does not constitute a binding offer from the Vendor.
2.2 First, the Customer places the selected goods in the shopping cart. In the next step, the order process begins, in which all the necessary data for order processing is recorded. At the end of the ordering process, a summary of the order and contract information appears. Only once the order and contract information is confirmed by clicking on the button that concludes the order process can the Customer make a binding offer for the purchase of goods contained in the shopping cart.
The Customer can also submit this offer to the Vendor by e-mail, post or telephone.
2.3 The Vendor accepts the Customer’s offer through the following possible alternatives:
- Sending a written order confirmation or an order confirmation in text form (e-mail) or
- Requesting payment from the Customer after the order has been placed or
- Delivering the ordered goods
The first alternative that takes place is authoritative.
The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day after the offer has been sent. If the Vendor does not accept the Customer’s offer within the above period, this constitutes a rejection of the offer. The Customer is then no longer bound by its declaration of intent.
2.4 The contract text between the Vendor and the Customer is saved by the Vendor. The contract text is stored on the Vendor’s internal systems. The Customer can view the terms and conditions at any time on this page. After completing the order, the contract text is available to the Customer free of charge via his Customer login, provided that the Customer has opened a customer account.
2.5 All entries are displayed before the order is confirmed and can be viewed and corrected, if needed, by pressing the back button of the browser or using the usual mouse and keyboard functions. In addition, the Customer might see a button to edit the text on this page, which would be labelled accordingly.
2.6 The contract language is English.
2.7 It is the Customer’s responsibility to provide a correct e-mail address for contacting and processing the order and to set the filter functions so that e-mails relating to this order can be delivered.

3. Prices and payment terms

3.1 The prices displayed in the webshop are shown without VAT. If additional shipping costs are incurred, this is visible at the end of the ordering process.

3.2 The Customer may have to pay additional customs duties, taxes or fees to the locally competent customs or tax authorities or to credit institutions. The Customer is advised to enquire about the details from the relevant institutions or authorities before placing an order.
3.3 The Customer can select the payment methods available in the online shop. You can choose from the following payment options, unless otherwise stated in the respective item description:
- Pre-payment by bank transfer
- Pre-payment by credit card
3.4 In the case of advance payment by bank transfer, unless otherwise agreed, payment is due immediately after the contract is concluded.
3.5 When paying by credit card, the payment is bound to the terms of use of the payment processor.

4. Delivery and shipping conditions

4.1 The delivery of goods by dispatch takes place to the delivery address specified by the Customer.
4.2 If the Vendor incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, they must be reimbursed by the Customer, unless the Customer was not responsible for providing the incorrect information or not being available. The same applies in the event that the Customer was temporarily prevented from accepting the service, unless the Vendor had previously announced the service appropriately. Excepted from this regulation are the shipping costs for sending the product if the Customer has effectively exercised his right of cancellation. In this case, the decision rests with the applicable legal regulations or the regulation made by the Vendor.
4.3 If the Customer has agreed to collect the goods himself, the Vendor informs the Customer when the ordered goods are ready for collection. After receiving this information by e-mail, the Customer can collect the goods from the Vendor’s registered office or at an agreed location after consultation with the Vendor. In this case, no shipping costs apply.
4.4 Delivery service

4.4.1 Your order will be shipped via Ordinary Surface Mail, DHL, FedEx, UPS or other Courier Services.
4.4.2 The delivery time is approx. US: 3-6 days, EU: 3-7 days, International: 6-14 days.
4.4.3 We ship to all countries.
4.5 Shipping costs

4.5.1 The shipping costs worldwide are free of charge to the Customer):
- 50 USD will be charged in case of explicit “Shipping International Express Priority”
4.5.2 For cross-border deliveries, additional taxes (e. g. in the case of an intra-community purchase) and/or duties, e. g. in the form of customs duties, may apply. These are the responsibility of the buyer.
4.6 You have the right to cancel this contract within 30 days without having to provide a reason and to return the undamaged goods to us. The cancellation period is 30 days from the day on which you or a third party named by you, who is not the carrier, took possession of the final goods. The cost of return shipping are beared by the Customer and must be concluded through the same courier service it has been delivered to you by.

5. Redemption of vouchers

5.1 Vouchers that the Vendor offers free of charge as part of (advertising) campaigns with a certain period of validity and which the Customer cannot purchase (“campaign vouchers”) can only be redeemed in the Vendor’s online shop and only during the period specified by the Vendor.
5.2 Certain products may be excluded from the voucher campaign.
The specific restrictions can be found in the campaign voucher.
5.3 Campaign vouchers can only be redeemed before the order process is completed. Subsequent redeeming is not possible.
5.4 Only one campaign voucher can be redeemed per order. It is not possible to redeem several campaign vouchers in one order.
5.5 The value of the goods in the respective order must match the amount of the campaign voucher as a minimum. Any remaining credit will not be refunded by the Vendor.
5.6 If the value of a campaign voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to pay the difference.
5.7 The credit of a campaign voucher is neither paid out nor does it accumulate interest.
5.8 The campaign voucher will also not be reimbursed if the Customer returns all or part of the goods paid for with the campaign voucher within the scope of his statutory right of cancellation.
5.9 The campaign voucher is personal and may only be redeemed by the person named on it. A transfer of the gift voucher to a third party is ruled out. The Vendor has the right, but not the obligation, to check the material entitlement of the respective voucher holder.