§ 1 Scope of application

(1) These General Terms and Conditions (GTC) apply to all contracts concluded between VK Anlagen Gruppe GmbH, Langstraße 8, 63075 Offenbach am Main (hereinafter referred to as "Seller") and its customers (hereinafter referred to as "Customer") for the sale and shipment of diamonds.  

(2) Deviating terms and conditions of the customer shall not be recognized unless the seller expressly agrees to their validity in writing. 

§ 2 Conclusion of contract 

(1) The presentation of the goods on the seller's website does not constitute a legally binding offer, but an invitation to place an order. 

(2) By sending the order, the customer submits a binding offer to purchase the items contained in the shopping cart. The contract is only concluded with the express acceptance of the offer by the seller, which is usually done by an order confirmation by e-mail.  

§ 3 Prices and terms of payment

(1) The prices quoted are final prices and include the statutory value added tax, if applicable. Additional shipping costs are shown separately. 

(2) The customer can choose from the payment methods specified in the order process (e.g. bank transfer). 

(3) Payment is due immediately after conclusion of the contract, unless otherwise agreed. 

$ 4 Delivery and shipping  

(1) The goods shall be shipped exclusively to the delivery address specified by the customer. 

(2) The customer will be informed of the delivery time during the ordering process. 

(3) Shipping is carried out using a special shipping method for valuables to ensure the safety of the goods. The seller is not liable for delays caused by third parties (e.g. shipping service providers). 

(4) If an item is not available, the customer will be informed immediately and any payments already made will be refunded. 

§ 5 Retention of title 

The delivered goods remain the property of the seller until full payment has been made. 

§ 6 Discount campaigns

(1) Discount campaigns are limited in time and apply only during the specified period and only for the specified products or product categories. 

(2) Discounts cannot be combined with other promotions or vouchers unless expressly stated otherwise. 

(3) Discount promotions are not applicable to orders that have already been completed. 

(4) In the event of a withdrawal or return, the discount originally granted shall be offset pro rata so that the amount to be refunded does not exceed the price actually paid. 

§ 7 Right of withdrawal 

(1) **Cancellation policy**: The customer has the right to withdraw from the contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which the customer or a third party named by the customer, who is not the carrier, has taken possession of the goods.  

(2) In order to exercise the right of withdrawal, the customer must inform the seller ([company name], [address], [telephone number], [e-mail address]) by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from this contract.  

(3) The customer may use the attached model withdrawal form for this purpose, but this is not mandatory. 

(4) In order to comply with the withdrawal period, it is sufficient for the customer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. 

§ 8 Consequences of revocation

(1) In the event of a revocation, the seller must refund all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by the seller), immediately and at the latest within 14 days from the day on which the seller receives notification of the revocation of this contract. 

(2) For this repayment, the seller shall use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise; in no case shall the customer be charged any fees for this repayment.  

(3) The seller may refuse repayment until he has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier. 

(4) The customer must return or hand over the goods to the seller immediately and in any case within 14 days at the latest from the day on which he informs the seller of the revocation of this contract. The deadline is met if the customer sends the goods before the 14-day period has expired.  

(5) The customer shall bear the direct costs of returning the goods. 

§ 9 Liability  

(1) The Seller shall be liable without limitation for intent and gross negligence as well as for injury to life, body or health. 

(2) The seller shall only be liable for slight negligence in the event of a breach of material contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.  

(3) In cases of slight negligence, liability shall be limited to the foreseeable damage typical of the contract. 

§ 10 Data protection  

The collection, processing and use of personal data is carried out in accordance with the applicable data protection laws and in accordance with the seller's privacy policy. 

§ 11 Dispute resolution  

(1) The European Commission provides a platform for online dispute resolution (OS), which the customer can access at [https://ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr) can be achieved.  

(2) The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board. 

§ 12 Final provisions  

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

(2) Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions. 

(3) The place of jurisdiction for all disputes arising from contractual relationships between the seller and the customer is the registered office of the seller, provided that the customer is a merchant, a legal entity under public law or a special fund under public law. 

General note

An investment in diamonds should not be made with the expectation of a return or other increase in value.

The value formation of a diamond depends on factors that cannot be compared with the value formation on a securities or futures exchange. There is therefore a risk that diamonds either cannot be sold at the desired time or can only be sold at a price that is significantly below the purchase price Past prices or the respective purchase price paid are therefore no guarantee for future market and price developments. Diamonds are purchased by our customers as an addition and as a mobile store of value, often even as a family treasure for generations. We have expressly pointed out to you that diamonds are only suitable as a tangible asset if they are held for the long term and other liquid assets are available in sufficient quantities. The purchase of physical diamonds is not an interest-bearing investment. Diamonds are also traded internationally in US dollars. A loss of assets due to negative price and dollar exchange rate developments is therefore possible and must be taken into account when making a purchase decision. In the case of a resale, there is also no guarantee that there will always be a corresponding demand for diamonds for sale on the diamond market and what sales prices can be achieved at any given time.

There is no direct secondary market for diamonds and Benu is not obliged to provide such a market or to buy diamonds from customers. In particular, there is no liquid secondary market for diamonds on which they can be sold at any time at a transparent price. For the sake of order, we would like to point out that in the event of a transaction being brokered by your independent consultant, he may receive remuneration for his activities from the purchase price. In the case of a sale to commercial sellers, it should be noted that the VAT paid cannot be recovered and the price basis is the US dollar. For reasons of risk diversification, diamonds should only make up part of the total assets and are not suitable for short-term speculation or as a place to park money: The holding period for diamonds should be long-term - ideally at least 15 years. You should be able to do without the short-term availability of the capital invested. We also expressly advise against financing the purchase price of diamonds due to the special risks involved. The decision to buy a diamond must be checked for feasibility by yourself or your advisors.