Terms & Conditions
§1 Conditions of use
Special arrangements are effective when using the services of www.in-diamond.com. These services may be booked and published online. All arrangements between user and provider have to be in written form. Verbal amendments to an existing agreement are only valid if confirmed in writing later on. All online offers are subject to alteration.
By accessing or using www.in-diamond.com the user acknowledges and agrees to be bound by these Terms and Conditions.
§ 2 Definition of booking options
2.1 The provider is making its online services available to the user, which can be booked and published by paying fees. The offer includes the profile and following services:
a) Company representation (incl. products)
b) Current News
2.2 The company representation informs the visitors about respective suppliers/ toolmakers and their services. The user can choose which data, products or services they may publish.
This information will remain on the site for the duration of the booked services and can be administered by the user himself.
2.3 The current news will publish dates of events like trade fairs etc. This information will also be published on the start page. It can be reactivated within one year after completion of our services, and will thereafter be deleted from our database.
§3 Using our online service
3.1 The booking of our online services was created for users, who produce or provide tools, machines, equipment and services for the diamond using industry. Other businesses are not excluded.
3.2 Each user is basically responsible for their own information, data and representation and can be held liable if false data was provided intentionally. Any such data or information will immediately be deleted and services will be suspended.
3.3 The user is responsible for his own actions. There is no guarantee for success for the published data. The provider is not liable for the quality or the qualification of the user. The provider cannot be held liable for wrongful dates or advices.
§ 4 Payment, costs and fees of online services
The services will be charged at the offered price and are valid one year. All prices are exclusive the lawful value added tax (VAT). Special conditions and sales/campaigns will be granted at times. At the time of booking our services the user has to provide his bank information. The fees for the service will be bank drafted for one year in advance. Payment with credit cards or invoice billing is not accepted. The publishing of the profile will be immediate. If the user’s bank is refusing the draft, the profile will be deleted immediately. Should the user wish to extend the service package, he will receive a bill within the last month of the existing service.
§ 5 Validity of charged packages
The booked option is subject to the lawful „right to object“ and is valid for 12 months, starting at the day of registration. The contract automatically extends for one more year, if not given notice within three months prior to the end of the contract.
§ 6 Revocation
The profile can anytime be changed, reduced or expanded in the log-in by the user. The contract can be cancelled in writing (e.g. by letter, fax or e-mail) within 14 days without further explanation. If the user receives the product before the expiration date, just cancel by returning the product. The term begins with the receipt of these instructions, however not before publishing the ad or data on the internet and not before complying to provide information according to article 246 § 2 in connection with § 1 Abs. 1 and 2 EGBGB as well as our duty accordingly to § 312e Abs. 1 sentence 1 BGB in connection with article 246 § 3 EGBGB. In order to comply with the terms of revocation, the user has to return the product or recall the services to the following address:
DIAMOND BUSINESS KG
Consequences of revocation:
In case of a successful revocation, services or monies received including interest have to be paid back by both parties. The profile will be deleted immediately.
§7 Data Protection
All personal data is protected by a SSL-Certificate. Any user data will only be used for internal purposes and will not be shared, only if necessary for fulfillment of the contract.
§ 8 Liability of the user
8.1 The user can be held responsible and liable for all damages to the provider or any third person that may result from using the online system. The profile will immediately be deleted in case of illegal use by the user or his representative. The user is responsible for the contents published by the provider. If the user is sued by authorities because of illegal use of the online service, or was sentenced by law, the provider may block access or cancel the contract without further notice and without compensation.
8.2 The user is fully responsible for his own downloads and published material (text, picture, video, etc.). The user is also responsible for the legitimate use of text, picture, and video and may not publish data that may violate copyright laws. Therefore, the provider cannot be held liable for legal and financial responsibilities concerning contents protected by copyright law, uploaded and published by the user.
§ 9 indemnification claim
Indemnification claims, especially due to positive breach of contract, default, breach of secondary obligation, default at contract negotiations and unlawful actions are excluded. This does not apply for gross negligence, deliberate intention, default of basic contract duties and failure to meet obligations. Excluded are all claims for regress resulting from loss of profile, missed savings, immediate damages and/or subsequent damages. In any case, liability is limited to the damage predicted at the time of contract conclusion and interests met.
§10 Unauthorized Use
The use of the log in for unauthorized users is strictly prohibited.
§ 11 Trade marks, logos, and intellectual property
11.1. All rights are reserved to www.in-diamond.com as well as other trademarks and logos of DIAMOND BUSINESS KG.
11.2 All material, pictures and information, which is published by users on www.in-diamond.com, is property of the DIAMOND BUSINESS KG, and may only be used for other purposes if clearly authorized.
§ 12 Miscellaneous
12.1. DIAMOND BUSINESS KG reserves the right to make changes to the website without further notice.
12.2. DIAMOND BUSINESS KG will strive to provide a constant, uninterrupted access to www.in-diamond.com. Nevertheless, we will not be liable, nor will we provide a warranty for interferences or delays.
§ 13 Applicable law and jurisdiction
Place of settlement/payment is Eltmann, Court of Law is Bamberg. The provision of www.in-diamond.com is governed by the Laws of Germany and shall be subject to the jurisdiction of the German courts. In case one or more clauses of these terms and conditions may become void, other clauses will not be affected (Salvatorische Klausel). Instead of the void clause, a similar reduction of such clause will come into effect, which will not violate against any existing law.