General Terms and Conditions

for consumers

(Status January 2021)

Scope

These General Terms and Conditions (hereinafter referred to as “GTC”) shall apply to all legal transactions between The Natural Gem GmbH, Universitätsring 12/15, 1010 Vienna, Company Register Number 490009 b (hereinafter referred to as “Natural Gem”) on the one hand and domestic and foreign consumers (hereinafter referred to as “Buyer” or “you”) on the other. The legal relationship between The Natural Gem and the Buyer shall be governed by the following contractual and business terms and conditions in the specified order:

The offer underlying the respective individual contract;
These general terms and conditions including the warranty conditions and the shipping costs overview.

Notwithstanding the above order of precedence, these General Terms and Conditions together with the warranty conditions and the overview of shipping costs shall apply exclusively, unless agreed in writing. This means that no other general terms and conditions of the buyer shall apply. This also applies in the event that the buyer bases the conclusion of the contract on his own GTC.
A consumer is any natural person who enters a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. The Purchaser declares that it is concluding the legal transaction with Natural Gem as a consumer and is not acquiring the object of purchase for the purpose of resale or for other commercial purposes.
The General Terms and Conditions for legal transactions with entrepreneurs can be found here. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

Conclusion of contract

A legal transaction between Natural Gem and the respective purchaser is concluded as follows:

Express declaration of acceptance of an order placed by the Buyer via the webshop (thenaturalgem.com) by Natural Gem;
Signature by the Buyer of the offer submitted in writing by Natural Gem.

The conclusion of a contract does not have to take place on the premises permanently used by Natural Gem for its business purposes, but can also take place outside these premises. The rights of withdrawal according to point 10 or point 11 are applicable accordingly in these cases.
The presentation of the objects of purchase in the web shop is subject to change and therefore does not represent a binding offer for the conclusion of a contract by The Natural Gem. The Buyer is merely invited to make an offer by completing the order process (pressing the button “Order with obligation to pay”).
All information on the website of Natural Gem (thenaturalgem.com) is without guarantee of correctness or completeness. Natural Gem reserves the right to make errors and changes.

Object of purchase

The object of purchase is or are one or more gemstones in the quality stated in the respective offer (the enclosed certificate) (in short “object of purchase”). The quality of the object of purchase is determined by the degree of purity.
The Natural Gem does not guarantee any stability of value or increase in value of the object of purchase following the conclusion of the contract.

Fulfilment

Natural Gem has duly fulfilled the contract if it has made the object of purchase available for collection as agreed, or

if it has handed over the object of purchase to a transport company commissioned by the buyer as agreed (see point 5.2) or;
if the object of purchase has been delivered to the buyer as agreed. (see point 5.1).

Prior to full payment of the purchase price for the respective object of purchase, The Natural Gem is not obliged to make the object of purchase available for collection or to dispatch it. Should this nevertheless take place, point 7 (retention of title) shall apply accordingly.

Dispatch, handover, and transfer of risk

If Natural Gem ships the object of purchase, the risk of loss or damage to the goods shall pass to the Buyer as soon as the object of purchase is delivered to the Buyer or to a third party designated by the Buyer and different from the carrier.
However, point 4.1 does not apply if the buyer has commissioned a transport company itself without using a transport company suggested by The Natural Gem. In such a case, the risk shall already pass to the Buyer when the object of purchase is handed over to the transport company. In such a case, it is the responsibility of the Buyer to take out suitable transport insurance for the shipment of the object of purchase.
If the object of purchase is delivered with obvious transport damage, the buyer must complain about this in writing to The Natural Gem as soon as possible. Failure to make a complaint shall not affect any legal claims and their enforcement, in particular warranty rights.
If no other method of delivery or shipment of the object of purchase is agreed, the object of purchase shall be taken over by the Buyer in person at the registered office of Natural Gem (Universitätsring 12/15, 1010 Vienna) during its opening hours. In this case, the Buyer shall be informed separately about the provision of the object of purchase for takeover. The notification of availability can be communicated or transmitted to the Purchaser by telephone or electronically. The collection period is 15 working days from the day of the notification of readiness.
If a person other than the buyer takes over the object of purchase, the person taking over must present Natural Gem with a written power of attorney. The Natural Gem may nevertheless refuse to hand over the goods to a third authorized person if The Natural Gem has justified reasons to believe that the power of attorney presented is false or has not been issued by the buyer. If the collection period according to point 5.4 subsequently expires and the identity is not clarified or the goods are not taken over by the buyer as agreed within 3 working days, the consequences of default shall apply (see point 7.3).

Purchase price, invoicing and terms of payment

All purchase prices are quoted in euros and include the statutory value added tax. – –
Any shipping costs are not included. These are shown separately and are to be borne by the buyer. You can find the shipping costs overview here.
Payment of the purchase price is due from the date of invoicing of the purchase price owed by Natural Gem.
After the corresponding invoice has been issued, payment of the purchase price will be made by electronic transfer to the following bank account: IBAN: AT132025600000926816, BIC: SPSPAT21XXX. The relevant payment period is 14 days from the date of the invoice. This applies to invoices for down payments as well as for any remaining purchase price.
Cash payment is excluded unless the parties have agreed otherwise in writing. In such a case, the transaction shall be settled step by step, namely payment of the purchase price against handover of the object of purchase.
All payments by the buyer shall first be offset against ancillary expenses (e.g. shipping costs), then against any interest and finally against the purchase price.

Delay and withdrawal

If the agreed handover date is delayed, the buyer may withdraw from the contract in writing by setting a grace period of at least 15 working days from the originally agreed handover date. Any advance payments or additional charges already made shall be refunded to the Purchaser with interest at a rate of 4 % p.a. without unnecessary delay.
In the event of a delay in payment, The Natural Gem may charge the Purchaser reasonable reminder fees and interest on arrears at a rate of 4 % p.a. of the outstanding purchase price. The default interest shall start to run from (and including) the date of the first reminder until full payment of the purchase price.
If the object of purchase is made available for collection by The Natural Gem and is not taken over by the buyer as agreed, the costs associated with the storage measures, which become necessary through the fault of the buyer, shall be borne by the buyer. Any claims beyond this shall remain unaffected. Natural Gem’s liability for damages caused by slight negligence is excluded in this case unless insurance coverage is provided.
The Natural Gem may withdraw from the purchase contract in writing after the fruitless expiry of the collection period; The Natural Gem may, at its discretion, set a reasonable grace period for the collection of the object of purchase. In the event of withdrawal from the contract, any purchase price already paid less costs already incurred, and a reasonable handling fee shall be returned to the Buyer.

Retention of title

If the object of purchase was handed over to the buyer before the complete payment of the purchase price including additional expenses (e.g., shipping costs), the object of purchase remains the property of The Natural Gem until the complete payment including additional expenses.

Warranty

The statutory warranty provisions pursuant to the Austrian Civil Code, namely §§ 922 ff. ABGB as well as the Austrian Protection against Dismissal Act: §§ 8, 9 and 9a KSchG.
If the object of purchase is a used product, the warranty period is limited to one year from the handover of the object of purchase.
Any guarantees granted by Natural Gem on an object of purchase are subject to their own guaranteed conditions. Warranty claims do not limit the warranty rights of the buyer.

Liability

The Natural Gem is only liable for damages which are culpably caused. The Natural Gem is not liable for loss of profit, loss of interest, loss of savings and other consequential damages as well as from claims of third parties in the case of slight negligence. However, this limitation of liability does not apply to compensation for personal injury.

Right of withdrawal according to the Protection against Dismissal Act (KSchG)

If the Purchaser has not made his contractual declaration either in the premises permanently used by the Entrepreneur for his business purposes or at a stand used by him for this purpose at a trade fair or market, he may withdraw from his contract application or from the contract. This withdrawal may be declared up to the conclusion of the contract or thereafter within 14 days.
This period begins with the delivery to the buyer of a document containing at least the name and address of Natural Gem, the information necessary for the identification of the contract as well as instructions on the right of withdrawal, the withdrawal period and the procedure for exercising the right of withdrawal, but at the earliest with the conclusion of the contract, in the case of contracts for the sale of goods with the day on which the buyer acquires possession of the goods.
The right of withdrawal shall also exist if The Natural Gem or a third party working together with it has brought the Buyer to the premises used by The Natural Gem for its business purposes during a promotional tour, an excursion, or a similar event or by personally approaching the Buyer individually on the street.
In particular, the Buyer shall not be entitled to the right of withdrawal

if he himself has initiated the business connection with Natural Gem or its representatives for the purpose of concluding this contract,
if the conclusion of the contract has not been preceded by discussions between the parties involved (Natural Gem and the Buyer) or their representatives,
in the case of contracts where the mutual performances are to be rendered immediately, if they are usually concluded away from business premises and the agreed remuneration does not exceed 25 Euros, or if the business is by its nature not conducted on permanent business premises and the remuneration does not exceed 50 Euros,
in the case of contracts subject to the Distance and Off-premises Transactions Act or the Insurance Contracts Act, or
in the case of contract declarations made by the Buyer in the physical absence of Natural Gem unless the Buyer has been urged to do so by Natural Gem.

The withdrawal period shall be deemed to have been observed if the declaration of withdrawal is sent within the period.
The consequence of the withdrawal is the reversal of the contract in question. Any services rendered are to be returned by Natural Gem as well as by the buyer.

Right of withdrawal according to the Distance Contracts and Off-Premises Contracts Acts Distance (FAGG)

The consumer may withdraw from a distance contract or an off-premises contract within 14 days without giving reasons.
The period for withdrawal begins

on the day on which the consumer or a third party designated by the consumer and not acting as a carrier acquires possession of the goods,
if the consumer has ordered several goods as part of a single order which are delivered separately, on the day on which the consumer or a third party not acting as a carrier and named by the consumer acquires possession of the last goods delivered,
where the goods are delivered in several instalments, on the day on which the consumer or a third party, other than the carrier, and indicated by the consumer takes possession of the last instalment.

The buyer shall in particular not be entitled to the right of withdrawal if

the object of purchase has been manufactured according to customer specifications or has been clearly tailored to personal requirements or;
the price of the object of purchase depends on fluctuations in the financial market over which Natural Gem has no influence and which may occur within the withdrawal period.

Withdrawal shall be deemed to have been exercised in good time if the declaration of withdrawal is sent before the end of the withdrawal period.
The consequence of the withdrawal is the reversal of the contract in question. Any services rendered shall be returned by both Natural Gem and the buyer.

Exercise of the right of withdrawal

The exercise of the right of withdrawal according to the KSchG and the FAGG is not bound to any form. The buyer can retrieve the withdrawal form here. The form must be completed and sent either by post to Universitätsring 12/15, 1010 Vienna or electronically to office@thenaturalgem.com.

Complaints and alternative dispute resolution

Buyers can submit complaints to the EU’s online dispute resolution platform: http://ec.europa.eu/odr. Alternatively, you can submit your complaint directly to Natural Gem at office@thenaturalgem.com.

Data protection

The processing of personal data required for the provision of services by Natural Gem takes place exclusively on the basis of the relevant legal provisions, such as in particular the General Data Protection Regulation (DSGVO) and the Austrian accompanying laws (e.g. DSG and TKG 2003).

Further information can be found here.

Place of jurisdiction

The place of jurisdiction is the local court at the registered office of Natural Gem GmbH. Should this clause deprive the purchaser of the protection to which he is entitled under Art. 6 Rome I Regulation, the place of jurisdiction shall be determined by the purchaser’s habitual residence.

Applicable law

Austrian law shall apply to the exclusion of international private law and the United Nations Convention on Contracts for the International Sale of Goods BGBl. 1998/96, as amended (UN Sales Convention). The choice of law shall only apply insofar as it does not restrict any mandatory statutory provisions of the state in which the buyer is domiciled or habitually resident.

Final provisions

The contractual language is German.
Amendments to these General Terms and Conditions must be made in writing. This also applies to the amendment of this point1. Verbal collateral clauses to these GTC do not exist.
The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions.
Subsidiarily, the provisions of the General Civil Code and the applicable consumer protection laws (such as the KSchG and the FAGG), all as amended from time to time, shall apply in particular to the legal transaction.