Terms and Conditions
General Terms and Conditions
1. Scope
2. Contracting party, conclusion of contract, correction options
3. Contract language, storage of the contract text
4. Subject matter of the contract
5. Delivery terms
6. Payment
7. Right of withdrawal
8. Retention of title
9. Transport damage
10. Warranty and guarantees
11. Liability
12. Code of conduct
13. Agreement on the use of Trusted Shops Buyer Protection
14. Dispute resolution
15. Final provisions
1. Scope
The following General Terms and Conditions apply to all orders placed through our online shop by consumers and business customers.
For Germany the following applies: pursuant to § 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
For Austria the following applies: in the terms below, "consumer" is to be understood as "Konsument" within the meaning of the Austrian Consumer Protection Act (KSchG).
For Switzerland the following applies: in the terms below, "consumer" is to be understood as "Konsument" under Swiss law.
A business customer (entrepreneur) is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
The following applies to business customers: if the business customer uses conflicting or supplementary general terms and conditions, their applicability is hereby objected to; they only become part of the contract if we have expressly agreed to them.
2. Contracting party, conclusion of contract, correction options
The purchase contract is concluded with Zen Diamond GmbH.
The presentation of the products in the online shop does not constitute a legally binding offer but a non-binding online catalogue. You can first place our products in the shopping cart without obligation and correct your entries at any time before submitting your binding order, using the correction tools provided and explained during the ordering process. By clicking the order button you submit a binding offer for the products contained in the shopping cart. Confirmation of receipt of your order is sent by e-mail immediately after the order has been submitted.
We accept your offer within two days by
- issuing a declaration of acceptance in a separate e-mail, or
- where applicable, the payment transaction being carried out by our service provider or the selected payment service provider. The time at which the payment transaction is carried out depends on the payment method selected (see under „Bezahlung“).
The alternative relevant to you depends on whichever of the events listed occurs first.
3. Contract language, storage of the contract text
The language(s) available for concluding the contract: German, English
We store the contract text and send you the order details and our General Terms and Conditions in text form. You can view the contract text in our customer login area.
4. Subject matter of the contract
4.1 Product description
Attention is drawn to the fact that the respective product description applies as an essential component of the contract.
4.2 Product images
Without prejudice to your statutory warranty rights, we would like to draw your attention to the following particularities. If you are unsure about anything, please get in touch with us:
Due to individual screen configurations (e.g. resolution and brightness), slight deviations between the displayed and the actual product colours are possible.
5. Delivery terms
5.1 Delivery area
We deliver within Germany, Austria and Switzerland.
5.2 Shipping costs
Standard shipping within Germany is free of charge.
5.3 Delivery options
We ship the products to the delivery address specified during the ordering process.
In principle you have the option of collecting your order from Zen Diamond GmbH, Schadowstrasse, 11, 40212 Düsseldorf, Germany during the following business hours: Monday to Saturday from 10:00 to 17:00, except on public holidays.
We do not deliver to packing stations (Packstationen).
6. Payment
6.1 Prices
The prices stated at the time of the order apply. These are total prices and include statutory VAT.
6.2 Due date and default of payment
The price is due upon conclusion of the contract, unless a later date results from the payment terms set out below.
For customers based in Germany and Austria the following applies:
- Towards consumers: In the event of default of payment, we reserve the right to charge you a fee of EUR 1.50 per reminder for the second and each subsequent reminder. You retain the right to prove that a lower loss was incurred. Further claims remain unaffected.
- Towards business customers: In the event of default of payment, we reserve the right to charge you the statutory default interest of nine percentage points above the base rate as well as a flat fee of EUR 40. Further claims remain unaffected.
For customers based in Switzerland the following applies:
- Towards consumers: In the event of default of payment, we reserve the right to charge you a fee of CHF 1.50 per reminder for the second and each subsequent reminder. You retain the right to prove that a lower loss was incurred. Further claims remain unaffected.
- Towards business customers: In the event of default of payment, we reserve the right to charge you default interest of nine percentage points above the ECB base rate as well as a flat fee of CHF 40. Further claims remain unaffected.
6.3 Payment methods
The following payment methods are generally available in our shop.
Payment in advance
If you select payment in advance, we will send you our bank details in a separate e-mail and deliver the goods once payment has been received.
Credit card
You enter your credit card details during the ordering process. Your card is charged immediately after the order has been placed.
PayPal
In order to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg („PayPal“), you must be registered with PayPal, verify yourself with your login details and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order has been placed. You will receive further information during the ordering process.
PayPal may offer registered PayPal customers selected according to its own criteria further payment options in their customer account. However, we have no influence over the offering of these options; further individually offered payment options concern your legal relationship with PayPal. You can find more information on this in your PayPal account.
Sofort by Klarna
In order to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account enabled for online banking, verify yourself accordingly and confirm the payment instruction. Your account is debited immediately after the order has been placed. You will receive further information during the ordering process.
Google Pay
In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Ireland („Google“), you must be registered with Google, have activated the Google Pay function, verify yourself with your login details and confirm the payment instruction. The payment transaction is carried out immediately after the order has been placed. You will receive further information during the ordering process.
Apple Pay
In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA („Apple“), you must use the „Safari“ browser, be registered with Apple, have activated the Apple Pay function, verify yourself with your login details and confirm the payment instruction. The payment transaction is carried out immediately after the order has been placed. You will receive further information during the ordering process.
Giropay
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main, we offer the payment method giropay. In order to pay the invoice amount via giropay, you must have a bank account enabled for online banking, verify yourself accordingly and confirm the payment instruction. Your account is debited immediately after the order has been placed. You will receive further information during the ordering process.
Giropay may offer registered giropay customers selected according to its own criteria further payment options in their customer account. However, we have no influence over the offering of these options; further individually offered payment options concern your legal relationship with giropay. You can find more information on this in your giropay account.
Klarna
In cooperation with the payment service provider Klarna Bank AB (publ.), Sveavägen 46, 111 34 Stockholm, Sweden („Klarna“), we offer you the following payment options. Payment via Klarna is only available to consumers. Unless otherwise stipulated below, payment via Klarna requires a successful address and credit check and is made directly to Klarna. You will receive further information with the respective payment option and during the ordering process.
Purchase on invoice via Klarna
The invoice amount is due 14 days after dispatch of the goods and receipt of the invoice. Payment by invoice can only be used by consumers.
Klarna may offer registered Klarna customers selected according to its own criteria further payment options in their customer account. However, we have no influence over the offering of these options; further individually offered payment options concern your legal relationship with Klarna. You can find more information on this in your Klarna account.
Instalment purchase via Klarna
You can pay the invoice amount in up to 36 monthly instalments. For some orders a down payment may be required. The due dates are governed by Klarna's payment plan. The instalment purchase payment method via Klarna can only be used by consumers
Klarna may offer registered Klarna customers selected according to its own criteria further payment options in their customer account (e.g. interest-free instalment plans). However, we have no influence over the offering of these options; further individually offered payment options concern your legal relationship with Klarna. You can find more information on this in your Klarna account
Invoice
The invoice amount is due 14 days after receipt of the invoice and the goods, by bank transfer to the account stated on the invoice. We reserve the right to offer purchase on invoice only after a successful credit check.
Instalment purchase via easyCredit TeamBank AG Nürnberg
In cooperation with easyCredit TeamBank AG Nürnberg, Beuthener Straße 25, 90471 Nuremberg, Germany, we offer you the option of instalment purchase. This requires a successful address and credit check. In addition to our General Terms and Conditions, the terms and conditions of easyCredit TeamBank AG Nürnberg apply to the payment processing. You will receive further information, including the terms and conditions of easyCredit TeamBank AG Nürnberg, during the ordering process.
Stripe
Credit card payment. The payment transaction becomes due upon completion of the order. Stripe Payments Europe, Limited (SPEL) 1 Grand Canal Street Lower Grand Canal Dock Dublin D02 H210 Ireland
7. Right of withdrawal
Consumers are entitled to the statutory right of withdrawal as described in the withdrawal policy. Business customers are not granted a voluntary right of withdrawal.
Contracts covering a ring which, as a result of personalisation by means of an inside ring engraving, falls under the statutory exception to the right of withdrawal referred to above may be withdrawn from under the conditions of the statutory right of withdrawal set out above. By way of derogation from this, a fee of 5% of the purchase price (minimum EUR 20, maximum EUR 200) is charged. Your statutory right of withdrawal remains unaffected.
8. Retention of title
The product remains our property until payment has been made in full.
In the case of customers based in Switzerland, we are entitled to make a corresponding entry in the register of retention of title.
The following applies additionally to business customers: We retain title to the product until all claims arising from an ongoing business relationship have been settled in full. You may resell the goods subject to retention of title in the ordinary course of business; you assign to us in advance all claims arising from this resale – irrespective of any combination or mixing of the goods subject to retention of title with a new item - in the amount of the invoice value, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations. At your request, we will release the securities to which we are entitled to the extent that the realisable value of the securities exceeds the value of the outstanding claims by more than 10 %
.
9. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, please report such defects to the delivery agent as soon as possible and contact us without delay. Failure to make a complaint or to contact us has no consequences whatsoever for your statutory claims and their enforcement, in particular your warranty rights. However, it helps us to assert our own claims against the carrier or the transport insurer.
The following applies to business customers: The risk of accidental loss and accidental deterioration passes to you as soon as we have delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment.
10. Warranty and guarantees
10.1 Liability for defects
The following applies to consumers based in Germany and Austria:
The statutory law on liability for defects applies.
The following applies to consumers based in Switzerland:
As soon as is customary in the ordinary course of business, you should inspect the condition of the item received and, if defects are found for which the seller must provide warranty, notify the seller immediately. If the consumer fails to do so, the purchased item is deemed to have been approved, unless the defects were not detectable upon customary inspection. If such defects come to light later, notification must be given immediately upon discovery, failing which the item is deemed to have been approved with regard to these defects as well.
By way of derogation from the above, the following applies: Insofar as defects in an item that has been integrated into immovable works as intended have caused the
works to be defective, these must be notified within 60 days. Defects that were not detectable upon customary inspection must be notified within 60 days of their discovery.
Please return the defective product to us together with a description of the defect. You bear the transport costs incurred. We provide warranty by remedying defects. At our discretion, this is done either by eliminating the defect (repair) or by delivering an item free of defects (replacement delivery). If subsequent performance fails, you are entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded.
The following applies to business customers and between merchants:
Unless expressly agreed otherwise below, the statutory law on liability for defects applies. The limitations and shortened periods set out below do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
• in the event of injury to life, body or health
• in the event of an intentional or grossly negligent breach of duty as well as fraudulent intent
• in the event of a breach of essential contractual obligations whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely (cardinal obligations)
• within the scope of a guarantee promise, where agreed, or
• insofar as the scope of application of the Product Liability Act is opened.
Limitations towards business customers
Towards business customers, only our own specifications and the manufacturer's product descriptions that have been incorporated into the contract are deemed to be an agreement on the condition of the goods; we assume no liability for public statements by the manufacturer or other advertising claims. For business customers, the limitation period for claims for defects in newly manufactured items is one year from the transfer of risk. The preceding sentence does not apply to an item that has been used for a building in accordance with its customary use and has caused the building to be defective. Used goods are sold with all warranty excluded. The statutory limitation periods for the
right of recourse under § 445a BGB remain unaffected.
Note for merchants
Between merchants, the duty to inspect and give notice of defects regulated in § 377 of the German Commercial Code (HGB) applies. If you fail to give the notice regulated there, the goods are deemed to have been approved, unless the defect was one that was not detectable during the inspection. This does not apply if we have fraudulently concealed a defect.
10.2 Guarantees and customer service
Information on any additional guarantees that may apply and their exact conditions can be found with the respective product and on dedicated information pages in the online shop. Customer service: You can reach our customer service for questions, complaints and objections on working days from 07:00 to 15:00 on the telephone number 0800 211 12 13 and by e-mail at info@zen-diamond.de
11. Liability
We are always liable without limitation for claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health,
- in the event of an intentional or grossly negligent breach of duty,
- in the case of guarantee promises, where agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations whose fulfilment is what makes the proper performance of the contract possible in the first place and on whose observance the contracting party may regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, liability is limited in amount to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
12. Code of conduct
We have subjected ourselves to the following codes of conduct:
13. Agreement on the use of Trusted Shops Buyer Protection
You can protect orders placed with us free of charge up to a certain order value through the buyer protection of Trusted Shops SE. In addition, Trusted Shops offers paid protection together with a guarantor. The Trusted Shops buyer protection terms apply, which you can find here. Buyer protection is concluded by clicking the correspondingly labelled button on the so-called Trustcard, which appears as a pop-up on the order thank-you page after an order has been placed. In order to be able to offer you buyer protection, the Trustcard must access order data stored in your browser's cache. This access takes place locally only, and no order data is transmitted to Trusted Shops before you actively opt for buyer protection or have consented to a transmission of order data to Trusted Shops. If your consent is given, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order is protected automatically. If you are not yet registered for buyer protection, you can register via the Trustcard as described above. Information on data protection at Trusted Shops is appended to the buyer protection terms linked above.
14. Dispute resolution
We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
Important notice: The Online Dispute Resolution (ODR) platform will be permanently discontinued on 20 July 2025. The submission of complaints on the ODR platform will therefore already be discontinued on 20 March 2025. We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.
15. Final provisions
If you are a business customer, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you is our registered office.
Should individual clauses of these General Terms and Conditions be invalid in whole or in part, the contract shall otherwise remain effective. Insofar as individual clauses are invalid, the content of the contract shall be governed by statutory provisions.
General Terms and Conditions created with the Trusted Shops Legal Text Generator
