1. Scope and contracting party
(1.1) These terms and conditions apply to all orders you make in the online shop www.mydiamondring.com. You can retrieve, save and print the currently valid terms and conditions on the website.
(1.2) The operator of the online shop and contractual partner is:
Schullin Wien GmbH
A-1010 Wien Österreich
Geschäftsführer: Lukas E. Schullin
UID No.: ATU 16167305
Commercial Register No FN 204541 v
Commercial Court Vienna
(1.3) Our product range in the online shop is exclusively aimed at buyers who have reached the age of 17 years.
2. Contract conclusion
(2.1) The presentation of goods in the online shop does not constitute a binding offer to conclude a purchase contract. It is a non-binding invitation to order goods in the online shop.
(2.2) By clicking on the button "order now" you submit a binding purchase offer for the goods you have selected in the shopping cart, which still need to be accepted by us, so that a sales contract is concluded. Immediately before submitting the order, you can recheck the order and, if necessary, correct it. By submitting the purchase offer you confirm that you have reached the age of 17. The contract is concluded only with the acceptance of your order by us through a purchase contract taking form of a claim for delivery and payment of the goods. We are not obliged to accept your purchase offer.
(2.3) After submitting your offer, you will receive an automatically generated email confirming that we have received your order. This, however, does not yet constitute acceptance of your purchase offer. The acceptance of the purchase offer is made by an additional email in which the acceptance of your purchase offer is expressly confirmed (order confirmation).
3. Prices, retention of title, shipping costs
(3.1) The prices stated at the time of ordering in the online shop apply. The price includes VAT and shipping costs.
(3.2) If you order from outside the European Union or if the goods are to be delivered to a location outside the European Union, the price will be shown exclusive of VAT. In this case, you are responsible for the payment of applicable duties, the VAT of the place of delivery and other taxes or duties, which are levied on the ordered goods, as well as for the acquisition of any permits that are required for importation into your country. The pure shipping costs are included in the price.
(3.3) The goods remain our property until full payment of the purchase price. Until full payment, you may not sell or process the goods, or otherwise pass them on to third parties (e.g. donation, exchange, etc.).
(3.4) All goods are shipped with Fedex (rate "International Economy"). Shipping and insurance costs are included in the price.
4. Terms of payment, default
(4.1) We offer various payment options (including prepaid cash, bank transfer, cash on delivery, credit card, Paypal or direct debit.) The payment method you can actually use is shown in the online shop.
(4.2) The following peculiarities apply to the following payment methods:
- Prepayment: we will give you our bank details in the order confirmation. The invoice amount has to be transferred to our account within 5 days after receipt of the order confirmation.
- Cash on delivery: Further costs do not apply. The goods will only be handed over to you if the price is paid on delivery to the deliverer.
- Credit card: the purchase price will be reserved on your credit card at the time of order (authorization). The actual charge on your credit card account will be at the time we ship the goods to you.
- PayPal: You will be redirected to the website of the online provider PayPal during the order process. To be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize yourself with your access data and confirm the payment order to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately thereafter.
- Direct Debit: If there is a chargeback due to a shortage of funds, you have to bear the costs incurred.
(4.3) In case of default, the statutory default interest rate of 4% annum applies. A reminder fee of EUR 15.00 will be charged for each reminder sent to you after the default has occurred, unless a higher amount of damage is proven in the individual case.
(5.1) delivery of the goods takes place only when the payment of the goods is confirmed.
(5.2) delivery takes place with Fedex from our distribution warehouse to the delivery address you have specified. If you have instructed the deliverer to leave your parcel at a place indicated by you (for example, in front of the apartment door), the deliverer will follow your instructions. Should the goods be lost or damaged after delivery, this is at your expense.
(5.3) If you are ordering from outside the European Union or if the goods are to be delivered to a location outside the European Union, you are the buyer responsible for importing and organizing the import arrangements.
(5.4) Your order will be delivered within 7 to 10 working days, unless a different delivery time is specified in the order. Public holidays extend the delivery time and lead to a postponement of delivery by two working days following the holiday.
(5.5) We are entitled to partial deliveries. With the delivery of each partial delivery, the risk for the delivered articles passes onto you.
(5.6) If an order cannot be executed because the ordered goods are not available, we will inform you immediately and any payments already made will be reimbursed immediately.
6. “My Diamond Ring Guarantee”
6.1) Unless expressly agreed otherwise, your warranty claims are based on the statutory provisions (§ 922 ff ABGB). We guarantee that the delivered goods are free from defects at the time of delivery.
(6.2) If you determine, on delivery, that the delivered goods are damaged or incomplete or do not correspond to your order, we ask you to inform us without delay.
(6.3) In the case of a defect, the goods must be returned to us. We will repair the defective goods or exchange them for a faultless one. We will bear the costs for the return in case of a defect. Please contact us at email@example.com, we will send you a shipping label that you can then print and use. If we fail to fulfill our obligation to rectify the defect within a reasonable period of time, you can request a purchase price reduction or withdraw from the contract at your discretion.
(6.4) The warranty period is of two (2) years.
(6.5) Lifetime "My Diamond Ring Guarantee":
In addition to the statutory warranty claims, we offer our customers a lifetime "My Diamond Ring Guarantee". The "My Diamond Ring Guarantee" includes the following benefits and can be claimed, free of charge:
- follow up on the prongs at our expense, once a year;
- repolishing of the ring and setting at our expense, once a year;
- rhodium plating and cleaning of the ring and setting at our expense, once a year;
- resizing: we perform a free resizing once, provided that the ring width is changed by no more than 3 numbers. If the change is more than 3 numbers, the ring must be rebuilt for a fee, or be changed for a fee. This provision does not apply to rings that are fully covered in a diamond pavé.
- exchange: any diamond you have bought from us can be exchanged, for its purchase price, for a larger diamond, as long as the exchanged diamond is undamaged and the new diamond is at least twice as expensive as the exchanged one.
- engraving: engraving is free.
When enjoying the benefits of “My Diamond Ring Guarantee”, you must bear the costs of transport and insurance of the ring from you to us. The costs of transport and insurance of the ring from us to you are then covered by us.
Please note that contacting us via the email at firstname.lastname@example.org is mandatory before sending your ring back to us.
(7.1) We are fully liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are equally liable for damages resulting from injury to life, limb and health of persons.
(7.2) For the rest, the following limitations apply to our liability:
- In case of slight negligence, we shall only be 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 which compliance you can regularly rely (cardinal duty).
- The liability for slight negligence is limited in amount to the damage foreseeable at the time of the conclusion of the contract, the occurrence of which is typically to be expected. Liability for lost profits and damages of third parties is excluded.
This limitation of liability also applies in favor of our vicarious agents.
(8.1) Legal basis:
We would like to point out that under the law (see § 11 Fern- und Auswärtsgeschäfte-Gesetz, FAGG), you have the right to cancel the contract within 14 days, without stating any reason. The cancellation period starts from the day on which you or a third party named by you, and who does not act as a carrier, have taken possession of the goods. However, the right of revocation does not apply to goods that have been designed or adapted to your personal preference or specification based on your request or specification (§ 18 (1) (3) FAGG).
In order to exercise your right of withdrawal, you must send us a clear cancellation notice, to the following address:
Company: Schullin Wien GmbH
Address: Kohlmarkt 7, 1010 Vienna, Austria
Telephone: +43 1 533900727
Fax: +43 1 5355060
You can use the model withdrawal form, but this is not required. To comply with the withdrawal period, it is sufficient that you send the notice to exercise your right of revocation before the expiry of the withdrawal period.
(8.3) Consequences of the revocation
If you withdraw from this Agreement, we will select all payments we have received from you, including the delivery costs (except for the additional costs arising from you choosing a different delivery method than the standard delivery one we offer. We will repay you immediately and at the latest within 14 days from the date on which the notice of cancellation of this contract has been received. For this repayment, we will use the same method of payment that you used in the original transaction, unless otherwise agreed with you. We may refuse to repay you until we have the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately, and in any event, not later than 14 days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of 14 days.
You bear the immediate costs of returning the goods.
You may only have to pay for any loss of value of the goods.
Please avoid damage and contamination of the goods. If the goods are damaged, you must repay for the damage. Return the goods, if possible, in the original packaging with all accessories and all packaging components back to us. If this is not possible or if the original packaging is no longer available, ensure suitable packaging so that the goods are adequately protected against damage during return transport.
9. Voluntary right of return up to 30 days after receipt of the goods
(9.1) For all purchases, and in addition to the statutory right of withdrawal of 14 days (see section 8 above), we offer our customers a voluntary right of return of 30 days. After expiry of the statutory right of withdrawal, you can return the goods to us within 30 days of receiving the goods. However, a precondition for the exercise of the right of return is that you have only tried the goods, as in a shop, and returned the goods entirely and intact in the original packaging and - if available - with an undamaged seal. Replacement of lost original packaging is to be procured by you, if you want to make use of your right of return. The costs for return shipping are to be borne by you.
(9.2) A return label must be used for the return and the goods must be sent to the following address.
Company: Schullin Wien GmbH
Address: Kohlmarkt 7, 1010 Vienna, Austria
Telephone: +43 1 533900727
Fax: +43 1 5355060
(9.3) If the ring has an engraving made to your request, we will charge you a lump sum of EUR 50.00 for the removal of the engraving.
10. Final Provisions
(10.1) Should one or more provisions of these Terms and Conditions be or become ineffective, this shall not affect the validity of the remaining provisions otherwise.
(10.2) All contracts between us and you shall be governed exclusively by Austrian law, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sales of Goods and to the exclusion of all provisions that govern the applicability of the law of another state (referral standards).
(10.3) Unless otherwise required by law to protect consumers, the place of jurisdiction for all disputes shall be Vienna.