General Terms and Conditions of Business (T&Cs)
for sales made through the renesim.com website and distance selling

1. Services provided by RENÉSIM, scope of these T&Cs

1.1. Customers can purchase an extensive range of high-quality jewellery, watches and gemstones from the RENÉSIM store and the online webshop at www.renesim.com.

1.2. These General Terms and Conditions (hereinafter “T&Cs”) apply to all distance sale contracts between RENÉSIM and its customers,
i.e. for contracts in which RENÉSIM and the customers make exclusive use of distance communication methods (e.g. email, fax, telephone, SMS) in the negotiation and conclusion of the contract (see Art. 312c German Civil Code (BGB)). Separate T&Cs apply to contracts concluded at our business premises (Amiraplatz 1).

1.3. We expressly reject conflicting confirmations by the customer as entrepreneur (see Section 2.2. hereunder) referring to the customer’s own business and/or purchase conditions. Such conflicting confirmations are not part of agreements unless expressly confirmed by RENÉSIM.

1.4. If the customer is an entrepreneur (see Section 2.2) these T&Cs also apply to any future legal business between the parties from the initial involvement.

1.5. In the case of sales of loose diamonds, the scope of services provided by RENÉSIM is as follows: RENÉSIM supplies the platform and sells the diamonds to the customer. In doing so, RENÉSIM acts exclusively as a sales organization for diamonds. RENÉSIM does not make any investment recommendations, does not provide investment consulting services and does not supply general advice concerning diamonds. Offers and information provided on the website or in catalogues do not have the purpose of investment consulting.

2. Definitions

2.1. “Consumers” within the meaning of these T&Cs are any natural persons that conclude the sales contract for a purpose that cannot primarily be ascribed to their commercial or independent business activity.

2.2. “Entrepreneurs” within the meaning of these T&Cs are any customers that conclude the sales contract within the scope of performance of their commercial or independent business activity.

3. Conclusion of the contract

3.1. Presentations of the goods in catalogues and advertising material and product presentations on the RENÉSIM website do not constitute binding sales offers.

3.2. Customers may make their offers by telephone, in writing or in electronic form (email). On the website the customer submits a binding offer to conclude a sales contract by placing an order and clicking the button “Submit binding order”. The confirmation of receipt subsequently sent by RENÉSIM and any status reports do not yet constitute acceptance of the customer’s offer.

3.3. Irrespective of RENÉSIM’s right to decline the customer’s offer, RENÉSIM will inform the customer of its acceptance or refusal of the offer in in the form of an explicit declaration within four days – or, if the customer is an entrepreneur (see Section 2.2) within two weeks – of receipt of the order at the latest. The contract is entered upon receipt of the declaration of acceptance (order confirmation). Dispatch of the ordered goods and confirmation of dispatch to the customer is deemed equivalent to an explicit declaration of acceptance by RENÉSIM. However, this does not apply where the customer has selected “payment in advance” as a payment option. Where “payment in advance” is the chosen payment option, RENÉSIM’s declaration of acceptance takes the form of an email confirmation of the order and request for payment. In the case of credit card payment, charging to the credit card (“capture”) already includes binding acceptance of the sales contract by RENÉSIM.

3.4. Conclusion of the sales contract may be conducted in German or English. The customer gives his/her consent to communication between RENÉSIM and the customer with respect to contracts and invoices taking place in electronic form.

3.5. When an order is placed, an order confirmation, invoice and these T&Cs together with RENÉSIM’s cancellation policy are sent to the customer by email. However, RENÉSIM does not save any separate contractual text to which the customer may have access via the Internet.

4. Delivery, transfer of risk

4.1. The countries supplied by RENÉSIM are shown in the order checkout process and on the website. Unless otherwise agreed, RENÉSIM will ship the ordered goods to the stated delivery address within the EU, using a cash and valuables in transit (CVIT) company to do so.

4.2. Unless otherwise agreed the goods are delivered to the customer’s private address and to the customer personally. If the goods are delivered to the customer’s business or private address with the involvement of third parties at the customer’s express request, the customer is responsible for smooth receipt of the goods. In these cases, the transfer of risk of loss for the goods is from the point of delivery of the goods to the customer’s business or private address. This does not apply to cases in which loss of the goods is the responsibility of RENÉSIM.

4.3. As a general principle, RENÉSIM delivers orders for multiple goods as a single delivery. In the case of part-delivery at the customer’s separate and specific request, shipping costs will be charged for each part-delivery in accordance with Section 5 hereunder.

4.4. To assure a nationwide process for returning sales packaging, RENÉSIM is a member of a waste disposal system within the meaning of Article 7, German Packaging Act (VerpackG). The customer, in his/her capacity as a consumer (see Section 2.1) may thus return the packaging to any collection point designated for the purpose within the waste disposal system.

4.5. Where goods are shipped, the risk of accidental loss, destruction or deterioration of the goods is transferred to the customer or the customer’s agent upon handover.

4.6. Unless otherwise agreed, customers may select the “Collect” option during the order process. When this option is selected, RENÉSIM does not deliver the goods to the customer’s address. Instead, the customer receives an email with details of when the goods will be ready for collection from the RENÉSIM store (Amiraplatz 1, 80333 Munich). The customer must collect the goods from the stated address within 15 days from the date of readiness of the goods. The risk of accidental loss, destruction or deterioration of the goods is transferred to the customer from the time the goods are handed over to the customer.

4.7. In cases as described in Section 4.6, if the goods are not collected within the 15-day period the customer must reimburse RENÉSIM for additional costs incurred by RENÉSIM in connection with the delayed collection, specifically storage charges for the goods. This does not apply if the delay is caused by circumstances beyond the customer’s control. In all other cases the statutory provisions concerning creditor default as set forth in Arts. 300 ff BGB apply. RENÉSIM is entitled to retention of the goods on the grounds of compensation claims arising from culpable delay in collection.

5. Prices, shipping costs, payment

5.1. Unless otherwise agreed, prices at the time of ordering apply to customers with the status of consumers (see Section 2.1) and prices on the day of delivery to customers with the status of entrepreneurs (see Section 2.2). All prices are retail prices including VAT, postage and packing. If the goods are delivered as cash on delivery (COD) shipment based on a separate individual agreement, the customer will also be responsible for all COD and money transfer fees for each individual COD shipment, which will likewise be shown separately in the order. If a delivery service is commissioned to transport the ordered goods to countries outside the EU, additional fees and customs duties may be incurred which will likewise be the responsibility of the customer. If the customer has the status of an entrepreneur (see Section 2.2), the customer is additionally responsible for insurance costs.All current prices, costs and fees and the current version of our T&Cs can be found on our website at https://www.renesim.com/uk/en/terms-and-conditions.

5.2. The customer may choose from various payment options depending on the total price of the goods ordered, the delivery method, the destination and the customer’s account settings. The customer is not entitled to require a specific payment method. Unless otherwise agreed, payment in advance or cash on delivery will be required for the first three orders placed within newly established business relationships with entrepreneurs (see Section 2.2). The various payment methods are available for selection by the customer in the “Cart” and are described in the “Service” section of the RENÉSIM website.

5.3. Unless expressly agreed otherwise, the purchase price is payable within one working day of the customer’s receipt of the invoice.

5.4. If the customer delays payment, RENÉSIM may withdraw from the sales contract after a fruitless payment reminder setting a reasonable deadline for payment. In the event of delay in payment by a customer with the status of entrepreneur (see Section 2.2) the following additional provisions apply:

- The customer is in default of payment without the benefit of a payment reminder if RENÉSIM fails to receive the payment within 10 days of the customer’s receipt of the invoice. In the event of default or deferral of payment, RENÉSIM will charge interest at the rate of 9 percentage points (entrepreneur) above the applicable base rate. RENÉSIM’s right to assert claims for an all-in amount for payment default in accordance with Art. 288 (5) clause 1 BGB and for further damages above and beyond this amount remains unaffected. The all-in amount for payment default in accordance with Art. 288 (5) clause 1 BGB shall be offset against any further damage claims.

- In the event of default on payment by the customer and/or significant deterioration of the customer’s financial circumstances, RENÉSIM may demand payment of all outstanding receivables and require payment upon delivery or advance payment at its own discretion for any deliverables or services not yet rendered. Deterioration of the customer’s financial circumstances is particularly assumed in the event that RENÉSIM receives notice of the customer’s unsatisfactory credit rating.

- RENÉSIM is entitled to initially credit any payments made by the customer against older outstanding receivables and will inform the customer about the form of crediting. If costs and interest have already been incurred, RENÉSIM is entitled to credit the payment first against costs, then against interest and finally against the principal debt.

6. Delivery periods

6.1. Delivery times depend on the product in question. The RENÉSIM website shows details of availability and delivery times for each product. Depending on the delivery method selected, delivery will then be effected from Germany within the usual delivery period. If the customer selects the “Collect” option, the customer is informed of the availability of the goods for collection within the availability period (see Section 4.6).

6.2. If the forecast availability date or shipping date changes after the customer has placed an order, the customer is automatically informed by email. Unless expressly agreed otherwise between RENÉSIM and the customer in question, customers with the status of consumer (see Section 2.1) are entitled to withdraw from their order free of charge at any time before the availability date or shipping date of the goods or to make changes to their order.

6.3. In the case of failure to meet the date of availability or date of delivery, customers with the status of entrepreneurs (see Section 2.2) shall contact RENÉSIM to set an appropriate extension period for delivery.

7. Non-delivery by sub-supplier

7.1. RENÉSIM assumes no responsibility for risk of procurement. If the goods cannot be delivered or are temporarily unavailable despite prior conclusion of an appropriate purchase contract, RENÉSIM will inform the customer immediately after the order and will follow up with regular updates. RENÉSIM is released from its performance obligation up to the point of delivery by the sub-supplier, and may withdraw from the contract if the goods are unavailable. This provision does not apply if RENÉSIM is responsible for the sub-supplier’s failure to deliver. If RENÉSIM decides to withdraw from the contract it will exercise its right of withdrawal without delay.

7.2. RENÉSIM will immediately reimburse the customer for any amounts paid against the purchase price. Compensation claims by the customer are excluded. his provision does not apply if RENÉSIM is responsible for the sub-supplier’s failure to deliver.

7.3 Irrespective of any prior covering purchase, Sections 7.1 and 7.2 apply accordingly if the customer has failed to pay the purchase price within the payment period set forth in Section 5.3 and procurement of the goods is no longer possible within the specified delivery period or at all owing to the payment delay.

8. Right of withdrawal for consumers, withdrawal policy

8.1 Consumers (see Section 2.1) that have conducted contractual negotiations and conclusion exclusively using distance communication methods (distance contract; see Art. 312c BGB) or have concluded a contract outside the business premises of RENÉSIM (off-premises contract; see Art. 312b (1) BGB) are entitled to a statutory right of withdrawal, stated by RENÉSIM as follows:

8.2 The right of withdrawal hereunder does not apply to:
contracts to supply goods that are not premade and where individual selection or decision by the consumer is critical to their manufacture, or that are clearly customized to the personal requirements of the consumer (Art. 312g (2) 1 BGB),

Cancellation Guidance

Withdrawal policy

You may cancel your contract within 14 days without stating reasons. The cancellation period of 14 days commences with the receipt of the goods, either by the Customer or designated third party that is not the carrier.

To exercise your right of withdrawal, you must inform us,

Owner: Ralf H. Nutt, Dienerstr. 12 80331 Munich, Germany, Phone: +49 (0) 89 99 80 76 48, E-Mail: service@renesim.com

of your decision to withdraw from this contract in the form of a clear and unambiguous statement (e.g. postal letter, fax or email). You can, but need not, use the attached standard withdrawal form.

Timely dispatch of your notice exercising your right of withdrawal (i.e. before expiry of the withdrawal period) is deemed sufficient for compliance with the withdrawal period.

Consequences of withdrawal

If you withdraw from this contract, we undertake to reimburse all payments we have received from you including delivery costs (excepting any additional costs resulting from your choice of a different delivery method from the lowest-cost standard delivery method offered by us) promptly or within fourteen days of the date of our receipt of your withdrawal notice at the latest. This reimbursement will be made using the same payment method as you used in the original transaction unless expressly agreed otherwise with you; no fees will be charged to you for the reimbursement. We may refuse to reimburse payment until we have received the returned goods or until you provide us with proof of dispatch of the returned goods, whichever is the earlier.

You must return the goods to us promptly and within fourteen days of the date on which you informed us of your withdrawal from this contract at the latest. Dispatch of the returned goods before the end of the fourteen-day withdrawal period is deemed sufficient for compliance with the withdrawal period. You are responsible for paying the direct shipping costs for returning the goods. The costs for returning the goods vary according to their value and are at maximum:

Germany:
Up to EUR 10,000: EUR 50
Up to EUR 20,000: EUR 150
Up to EUR 50,000: EUR 250
Up to EUR 100,000: EUR 300
Over EUR 100,000: EUR 350 to EUR 2,000

European Union:
Up to EUR 10,000: EUR 80
Up to EUR 20,000: EUR 200
Up to EUR 50,000: EUR 280
Up to EUR 100,000: EUR 350
Over EUR 100,000: EUR 350 to EUR 2,000

Worldwide:
Up to EUR 10,000: EUR 150
Up to EUR 20,000: EUR 250
Up to EUR 50,000: EUR 300
Up to EUR 100,000: EUR 400
Over EUR 100,000: EUR 400 to EUR 2,500

You need only pay for any loss of value of the goods if this loss of value arose from any treatment of the goods other than what would be necessary to ascertain the quality, nature and functioning of the goods.

9. Extended right of withdrawal, non-binding information on returning goods

9.1 RENÉSIM offers a voluntary extended right of withdrawal with a withdrawal period of 30 days to consumers purchasing watches or jewellery (i.e. particularly not in the case of purchase of loose gemstones) who are entitled to the statutory right of withdrawal under Section 8 of these T&Cs. In other cases the provisions of the Withdrawal Policy apply (see Section 8 of these T&Cs).

9.2 When returning goods, please package them safely for transport, using the original transport packaging where possible.

10. Special provisions for entrepreneurs (see Section 2.2)

10.1. The place of fulfillment is the registered office of
RENÉSIM.

10.2. In the event of delivery to a different destination, the risk of accidental loss, destruction or deterioration of the goods is transferred to the customer at the point of handover to the commissioned transport company at the latest. This also applies in cases where transport costs are paid by RENÉSIM.

10.3. If the customer orders multiple items that are not immediately available for delivery and thus cannot be shipped together, RENÉSIM will ship the items in two part-consignments where possible unless part-delivery is evidently of no interest for the customer on grounds such as a functional connection between the items or other grounds. In such cases, shipping costs will only be charged to the customer once in accordance with Section 5.1.

10.4. The customer is obliged to accept the goods. If the customer does not accept the goods even after a reasonable grace period, RENÉSIM is entitled to claim an all-in amount of compensation equal to 30% of the agreed net purchase price unless the customer can furnish evidence that the damage experienced by RENÉSIM was lower than this all-in amount. RENÉSIM’s right to claim for further damage remains unaffected. The above all-in amount will be offset against the damage experienced by RENÉSIM in all cases. Costs of refused or uncollected shipments will be charged to the customer.

10.5. The customer undertakes to examine the goods immediately after receipt and to notify RENÉSIM immediately if a defect is found. If the customer fails to notify RENÉSIM the goods will be deemed to be accepted unless the defect was not visible at the time of inspection. If such a defect is discovered at a later stage RENÉSIM must be informed immediately after discovery, otherwise the goods will be deemed to be accepted despite the defect.

10.6 Notification of the defect must be submitted in writing and include a concrete description of the defect. The period of notice for notification is 3 days after receipt of the goods in the case of defects and 3 days after detection of the defect in the case of concealed defects unless the customer can furnish evidence of being unable to comply with the period of notice even within the regular course of business.

10.7 The following defect warranty provisions apply to entrepreneurs in addition to the provisions in Section 11 hereunder:

- In the event of a defect in the goods, the customer shall grant RENÉSIM a reasonable rectification period. RENÉSIM is entitled to refuse the customer’s chosen form of rectification if said form involves unreasonable cost. This is particularly the case where the cost of rectification exceeds the value of the purchased goods if they were free from defects or if the cost of rectification exceeds the amount by which the defect reduces the value of the purchased goods or if the form of rectification other than that chosen by the customer is lower in cost but does not involve any significant disadvantage for the customer.

- In this case the customer’s warranty rights are limited to the other form of rectification. If the other form of rectification likewise involves unreasonable costs, RENÉSIM may refuse rectification altogether.

- In the case of delivery of used goods, warranty claims for defects in the purchased goods and compensation claims based on defects in the purchased goods are excluded. This does not apply to the exceptional cases set forth in Section 11.5. Used goods within this meaning include goods that have been reworked and renewed by RENÉSIM.

- In cases of non-culpable error and printing or transmission error entitling RENÉSIM to contest the claim, the customer may not claim compensation as a result of the contestation.

11. Specific condition of the goods, warranty

11.1. Statutory warranty rights apply. Warranty rights are based on statutory provisions and the following provisions

11.2. In the event of a defect in the goods, the customer shall request rectification of the defect from RENÉSIM. Any rectification period set by the customer must be reasonable.

11.3. If the customer is an entrepreneur and the order is part of the customer’s commercial operations, notification of defects is governed by statutory provisions. Notification of defects must be made in writing and in accordance with Section 10.5 and 10.6 hereunder.

11.4. Claims for material defects are subject to a period of limitation of two years after delivery of the goods. If the customer is an entrepreneur (see Section 2.2), claims for material defects are subject to a period of limitation of one year after delivery of the goods The statutory periods of limitation for recourse claims (Art. 445 BGB) remain unaffected.

11.5. The periods of limitation set forth in Section 11.4 (2) do not apply in cases of intent or fraudulent concealment of a defect or where RENÉSIM has issued a warranty concerning the condition of the delivered goods. They likewise do not apply to claims concerning material defects in cases of damage to life, limb or health; claims under the German Product Liability Act (ProdHaftG); or cases of gross negligence or culpable breach of cardinal contractual obligations, i.e. contractual obligations, the fulfillment of which is essential to proper contractual performance and where the customer may reasonably and regularly rely on compliance with same, and breach of which will jeopardize the achievement of the contractual purpose.

12. Retention of title

12.1. Unless “payment in advance” was agreed as the payment method, the goods remain the property of RENÉSIM until payment of the purchase price has been rendered in full and all claims arising from the delivery agreement have been fulfilled.

12.2. If the customer is an entrepreneur (Section 2.2), RENÉSIM further reserves the right of title to the delivered goods until all payment claims already existing at the time of conclusion of the contract – including all claims from associated contracts and subsequent orders (hereinafter “total receivables”) – have been settled. Where the customer is an entrepreneur, all claims against its own customer acquired by it from resale of the goods shall be assigned in full to RENÉSIM by way of security. The customer is granted revocable authorization to collect on said claims. RENÉSIM will only revoke the customer’s authorization to collect and instead collect on the claims itself if the customer falls into default on its payment obligations to RENÉSIM or if an application for bankruptcy proceedings regarding the customer’s assets is filed

12.3. RENÉSIM undertakes to release the existing securities upon the customer’s request insofar as their value exceeds that of the total receivables by more than 20%. Selection of the securities to be released is at the discretion of RENÉSIM.

12.4. If the customer is an entrepreneur (Section 2.2), the customer shall notify RENÉSIM immediately of any access by third parties to the goods owned or co-owned by RENÉSIM. Any costs of out-of-court release incurred by such intervention shall be borne by the customer.

12.5. In the case of contracts in which the delivered goods are subject to retention of title, RENÉSIM is entitled to withdraw from the contract if the customer falls into default over payment of the purchase price or over total receivables over EUR 250.00. This right of withdrawal is limited to contracts in which the value of the delivered goods is equal to a maximum of 120% of total receivables.

13. Liability

13.1. Compensation claims on the grounds of breach of obligations or wrongful acts and claims for compensation of wasted expenditure against RENÉSIM or its performing and vicarious agents are excluded.

13.2. This limitation of liability does not apply to cases where damage was caused by intent or gross negligence or breach of cardinal contractual obligations (see Section 11.5). It does not apply to damage caused by injury to life, limb or health where RENÉSIM is responsible for the breach of obligation. The limitation further does not apply to damage based on the lack of an assured characteristic or damage for which liability is provided under the German Product Liability Act.

13.3. In cases of compensation claims for cases of minor negligence in breaching cardinal contractual obligations and cases of gross negligence in breaching ancillary obligations, liability is limited to foreseeable damage typical of the contract. This does not apply to cases of personal injury based on damage caused by the lack of an assured characteristic or damage for which liability is provided under the German Product Liability Act.

14. Offsetting and right of retention

If the customer is an entrepreneur (Section 2.2) the customer may not offset claims existing outside the synallagmatic relationship, i.e. outside the mutual obligation of performance and counter-performance. This prohibition of offsetting does not apply in cases where RENÉSIM’s counter-claims are not disputed or are res judicata, or where a final decision is imminent. Where the customer is an entrepreneur, the customer may not exercise right of retention except in the exceptions stated above.

15. Data privacy

RENÉSIM’s data privacy policy is in accordance with the applicable data privacy provisions set forth in laws including the European General Data Protection Regulation (GDPR), the German Data Protection Act (BDSG) and the German Telemedia Act (TMG). All information concerning the collection, processing and use of personal data of data subjects is set forth in the Data Privacy Policy.

16. Legal information concerning the content of the website

The content of RENÉSIM’s website is created and updated at considerable financial expense. Customers may only use the content of RENÉSIM’s website for their own personal use for information purposes. Any use of the content beyond this limitation or any link to the content for commercial purposes is prohibited. This prohibition is irrespective of the legal protectability specifically of watermarks and other marks of RENÉSIM and of photographs, product descriptions, product details and other product information. The customer acknowledges the above restrictions on the use of content from RENÉSIM’s website.

17. Concluding provisions, resolution of disputes

17.1. The law of the Federal Republic of Germany applies exclusively to this contract. Application of the UN Convention on Contracts for the Sale of Goods (CISG) and provisions of German private international law are excluded. If the customer is a consumer (see Section 2.1), the mandatory consumer protection provisions effective in the customer’s usual country of domicile further apply to this contract where they provide additional protection to the customer.

17.2. If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from and in connection with this contractual relationship is the city of Munich This also applies to cases in which the customer’s domicile or usual place of abode is relocated to outside the territory covered by the German Code of Civil Procedure (ZPO) after conclusion of the contract or is unknown at the time when an action is filed.

17.3. If one or more provisions of these T&Cs are or become invalid, this contract and the remaining terms and conditions will remain unaffected.

17.4. Link to OS platform in accordance with Art.14 (1) EU Regulation No. 524/2013: http://ec.europa.eu/consumers/odr/. RENÉSIM is under no statutory or voluntary obligation to participate in dispute settlement proceedings before a consumer arbitration board. In the event of a conflict RENÉSIM will endeavour to work with the customer to find a mutually acceptable solution. As arbitration board proceedings incur costs, RENÉSIM will refrain from participating in dispute resolution proceedings before a consumer arbitration board, also in the understandable financial interests of the customer.

As at: July 2020