General Terms and Conditons (GTC)
- Private Customers
- Corporate Customers
1. Validity of the General Terms and Conditions (GTC)
Any delivery made by DiG based on purchase orders issued by the Customer comply exclusively to the herewith described General Terms and Conditions.(GTC)
Other General Terms and Conditions, which are in conflict to these GTC are not valid. It is herewith mutually agreed that only the herewith described GTC are valid.
Any changes to the herewith described GTC are only valid upon written mutual agreement by both parties.
The herewith described GTC are valid for customers to whom the Austrian Consumer Protection Act applies.
For other Customers, the GTS for Corporate Customers is valid.
2. Conclusio of the Purchase Agreement
All products offered on our Website are without engagement and are non-binding.
The Purchase Agreement comes to conclusion once the Customer issues an order and once DiG accept this order explicitly, or once delivery has taken place.
DiG is not obligated to accept Purchase Orders and may decline fulfillment of Orders at their own discretion.
3. Price
All indicated prices on the homepage are gross prices and include the value added tax (VAT), however excluding transport costs, custom duties and all herewith connected costs.
All prices indicated on the Homepage are valid on that day, the prices are online visible.
4. Method of Payment
The currently valid payment methods are stated with the order being issued, however DiG reserves the right in individual cases to check and restrict payment methods.
The due date of the purchase price is based upon the here to belonging individual agreement.
5. Interest on Delayed Payment / Payment Reminder
The interest rate for delayed payment is 8%.
For every Payment Reminder issued, a €10,00 fee will charged to customers within the EU. For customers in non EU countries, a fee of €12,00 fee will be charged.
6. Delivery of Goods
The customer agrees and accepts that the goods purchased are only produced upon purchase order.
If no other delivery time has been provided by DiG, delivery will be issued by DiG within 6 weeks upon the order acceptance according to §2.
The Customer has the right to cancel the agreement if the delivery period has been delay for more than 3 weeks.
For deliveries to non EU countries, the customer has no right to cancel the agreement if the delivery period has been delayed due to circumstances not caused by DiG (eg. Custom clearance or delay in transport).
7. Customer Dedicated Manufacturing
§6 is not valid in the case of customer dedicated manufacturing, upon special request, or in the event diamonds or other materials of the end product are provided by the customer.
In such case, the delivery date will be agreed individually.
DiG is not liable for any defects on materials provided by the customer. Any defects on the materials provided by the customer, is solely the customers responsibility.
In this case the manufacturing can first commence upon receipt of the correct materials provided by the customer, from that date onwards the agreed delivery period will start.
If, there is a delay in delivery of more than 14 days due to the fault of DiG, the Customer may withdraw from the contract.
A severance payment for materials used will however be
charged to the Customer Any material provided by the customer will be returned.
8. Warranty / Damage
The warranty period is two years from delivery of the goods
In the case there is a valid warranty; DiG has the choice to either rectify the defect, or to replace the defect goods with goods free of defect.
9. Inspection of the Goods by the Customer
Upon arrival of the delivery, the Customer has to immediately inspect the goods to see if there are defects or deficiencies. These defects or deficiencies have to be immediately reported to DiG.
10. Right for Withdrawal according to §5e KSchG (Austrian Consumer Protection Act)
The customer, herewith the Consumer in the sense defined by KSchG (Austrian Consumer Protection Act), has the right to withdraw from the purchase agreement within 7 Days of purchase.
The period for the right to withdraw begins upon receipt of the goods by the Customer. The notification of withdrawal from the Purchase agreement can either be provided per letter, fax or email, and/or by the return delivery of the goods.
The right of withdrawal does not apply to products made according to customer specifications
In the case of withdrawal of the purchase agreement, the purchase price of the goods will be refunded within 14 days once the goods have been returned without defect. The cost of returning the goods is to be carried by the customer.
Damage to the returned goods will be valued and reduced from the purchase price.
11. Reservation of Proprietary Rights
Provided that the purchase price has not entirely been settled in advance, the goods remain the ownership of DiG until complete payment of the purchase price, including VAT and shipment costs has been made.
In the case the payment has not been made within the agreed payment due dates, DiG are entitled and authorized to pick up the goods at the expense of the customer.
Until complete payment has been made, the customer is not permitted to sell the materials, to pawn, or to give a third party any right in relation to the materials.12. Confidentiality
Any personal data or information provided to DiG will be kept strictly confidential and will not be given to any third-party without prior given approval.
Data will only be stored for the purposes of accounting, or if legal obligation to retain such data applies (especially for tax reasons).13. Applicable Law and Jusrisdiction
For any dispute arising out of, or relating to this contract, the Austrian Law is applicable. Jurisdiction is Graz, Austria. All legal matters will be handled by the court casually and substantially responsible for Graz.
1. Validity of the General Terms and Conditions (GTC)
Any delivery made by DiG based on purchase orders issued by the customer comply exclusively to the herewith described General Terms and Conditions.(GTC)
Other General Terms and Conditions, which are in conflict to these GTC are not valid. It is herewith mutually agreed that only the herewith described GTC are valid.
Any changes to the herewith described GTC are only valid upon written mutual agreement by both parties.
The herewith described GTC are valid for customers to whom the Austrian Consumer Protection Act does not apply. For customers to whom the Austrian Consumer Protection Act applies, the GTC for private consumers comply.
2. Conclusion of the Purchase Agreement
All products offered on our Website are without engagement and are non-binding.
The Purchase Agreement comes to conclusion once the Customer issues an order and once DiG accept this order explicitly, or once delivery has taken place.
DiG is not obligated to accept Purchase Orders and may decline fulfillment of Orders without giving any reason.3. Price
All indicated prices on the homepage are nett prices, excluding the value added taxes (VAT), transport costs, custom duties and all herewith connected costs.
All prices indicated on the Homepage are valid on that day, the prices are online visible.4. Method of Payment
The currently valid payment methods are stated with the order being issued, however DiG reserves the right in individual cases to check and restrict payment methods.
The due date of the purchase price is based upon the here to belonging individual agreement.
The customer cannot deduct any existing claims from the purchase price.
5. Interest on Delayed Payment / Payment Reminder
The interest rate for delayed payment is 12%.
For every Payment Reminder issued, a €10,00 fee will be charged to the customers within the EU. For customers in non EU countries, a fee of €12,00 will be charged.
6. Delivery of Goods
The customer agrees and accepts that the goods purchased are only produced upon purchase order.
If no other delivery time has been provided by DiG, delivery will be issued by DiG within 6 weeks upon the order acceptance according to §2.
The Customer has the right to cancel the agreement the delivery period has been delay for more than 3 weeks.
For deliveries to non EU countries, the customer has no right to cancel the agreement if the delivery period has been delayed due to circumstances not caused by DiG (eg. Custom clearance or delay in transport).
7. 7 Customer Dedicated Manufacturing
§6 is not valid in the case of customer dedicated manufacturing, upon special request, or in the event diamonds or other materials of the end product are provided by the customer.
In such case, the delivery date will be agreed individually.
DiG is not liable for any defects on materials provided by the customer. Any defects on the materials provided by the customer, is solely the customers responsibility.
In this case the manufacturing can first commence upon receipt of the correct materials provided by the customer, from that date onwards the agreed delivery period will start.
If, there is a delay in delivery of more than 14 days due to the fault of DiG, the Customer may withdraw from the contract.
A severance payment for materials used will however be charged to the Customer
Any material provided by the customer will be returned.
If the provided materials provided by the customer have already been assembled into the end product, or if the materials have already been used for the manufacturing of the end product, the customer is obliged to carry the incurred expenses, not exceeding the agreed sale price, or work compensation accordingly.
8. 8. Inspection of the Goods by the Customer rIn
Upon arrival of the delivery, the customer has to immediately inspect the goods to see if there are defects or deficiencies. These deficiencies have to be provably reported to DiG.
An appropriate mutually agreed period to allow inspection of the goods and to report the defect and deficiency is one week, according §377 UGB (Austrian Business Code), otherwise, §377 UGB becomes valid
The customer is aware that the goods from DiG are a work of art, for this reason it is mutually agreed that the principle of laesio enormis, according § 934 ABGB (Austrian Civil Code) does not apply.
9. Warranty / Compensation
The warranty time is valid for a period of 2 years (unless the claim has expired due to delay in reporting any defect and deficiency according §8).
In the case there is a valid warranty claim; DiG has the choice to either rectify the defect, or to replace the defect goods with goods free of defect.10. Transfer of Risk
Transfer of risk takes place upon shipment. The customer carries the risk of loss or damage to the goods, from the shipment onwards.
11. Reservation of Proprietary Rights
Provided that the purchase price has not entirely been settled in advance, the goods remain the ownership of DiG until complete payment of the purchase price, including VAT and shipment costs has been made.
In the case the payment has not been made within the agreed payment due dates, DiG are entitled and authorised to pick up the goods at the expense of the customer.
Until complete payment has been made, the customer is not permitted to sell the materials, to pawn, or to give a third party any right in relation to the materials.
12. Confidentiality
Any personal data or information provided to DiG will be kept strictly confidential and will not be given to any third-party without prior given approval.
Data will only be stored for the purposes of accounting, or if legal obligation to retain such data applies (especially for tax reasons).
13. Applicable Law, Jurisdiction and UN- Conventions relating to Sales
For any dispute arising out of, or relating to this contract, the Austrian Law is applicable. Jurisdiction is Graz, Austria. All legal matters will be handled by the court casually and substantially responsible for Graz.
The application of UN conventions relating to uniform legislation on the international sale of goods, referred to Article 6 is excluded.
14. Severability Clause
If individual regulations or parts of the regulations of these purchasing conditions should prove to be to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.