Privacy policy
TERMS OF SERVICE / ALLGEMEINE GESCHÄFTSBEDINGUNGEN
OVERVIEW
Welcome to Savina Diamonds, the online store and brand operated by Gemma GmbH.
Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Gemma GmbH, which operates the Savina Diamonds online store and website.
Gemma GmbH operates the website and online store under the brand and trademark Savina Diamonds, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”).
Savina Diamonds is powered by Shopify, which enables Gemma GmbH to provide the Services to you.
These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you use the Services or purchase products from Gemma GmbH through the Savina Diamonds online store.
Please read these Terms carefully, as they contain important information regarding your legal rights and obligations, including provisions relating to orders, payment, delivery, returns, warranties and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree with these Terms or our Privacy Policy, you should not use or access the Services.
Contracting party:
Gemma GmbH
Donau City Strasse 12/2/37
Austria
FN 505256z
ATU74076215
Email: info@savinadiamonds.com
Brand / Trademark: Savina Diamonds
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are legally capable of entering into a binding contract under the applicable laws of your country of residence.
If you create an account or otherwise provide information when using the Services, you agree to provide accurate, current and complete information, including your email address and, where applicable, billing, payment and shipping information.
You are responsible for maintaining the confidentiality of your account credentials and for activity carried out through your account.
You may not transfer, sell, assign or otherwise make your account available to another person.
SECTION 2 – OUR PRODUCTS
Gemma GmbH, operating under the brand Savina Diamonds, makes reasonable efforts to ensure that product descriptions, images, specifications and other information displayed in the online store are accurate and up to date.
However, colors and the appearance of products may vary depending on your device, screen settings and configuration.
Jewelry may also exhibit minor variations resulting from its handcrafted or individual production.
In particular, diamonds and gemstones may differ slightly in appearance due to their individual characteristics.
Where a diamond or gemstone is accompanied by a certificate from a recognized gemological laboratory, the relevant characteristics are stated in accordance with that certificate.
Product descriptions, specifications, availability and pricing may be updated from time to time.
Gemma GmbH reserves the right to discontinue products or limit quantities where legally permitted.
Nothing in this section limits any mandatory statutory consumer rights.
SECTION 3 – ORDERS
When you place an order through the Savina Diamonds online store, you submit a binding offer to purchase the selected products from Gemma GmbH.
The presentation of products on the website does not constitute a binding offer by Gemma GmbH.
Your order becomes binding once accepted by Gemma GmbH in accordance with these Terms and applicable law.
Gemma GmbH reserves the right to refuse or cancel an order where there is a legitimate reason to do so, including circumstances where a product is unavailable, there has been an obvious pricing or product information error, or payment cannot be successfully processed.
If Gemma GmbH does not accept or subsequently cancels an order, we will notify you using the contact information provided with the order and refund any payment already made.
Please carefully review your order before submitting it.
Returns and cancellations are governed by the applicable statutory consumer rights and our Refund / Return Policy and Withdrawal Policy, where applicable.
SECTION 4 – CUSTOM-MADE AND PERSONALIZED JEWELRY
Savina Diamonds offers both ready-to-ship jewelry and jewelry individually made according to customer specifications.
Custom-made or personalized products may include, among other things:
- individually selected diamonds;
- specific diamond shapes, sizes or qualities;
- individual ring sizes;
- specific precious metals;
- engravings;
- customized settings;
- individually configured designs; and
- other specifications requested by the customer.
The customer is responsible for ensuring that all information supplied to Gemma GmbH, including ring size, engraving text and product specifications, is accurate.
Once production of a customized product has commenced, changes may not be possible or may result in additional costs and/or an extended production period.
Where permitted by applicable law, products made according to the customer's specifications or clearly personalized to the customer's requirements may be excluded from the statutory right of withdrawal.
This does not affect any mandatory statutory warranty or consumer rights.
SECTION 5 – PRICES AND BILLING
All prices displayed in the Savina Diamonds online store are stated in euros and include applicable Austrian VAT unless expressly stated otherwise.
Shipping costs and any other applicable charges will be displayed before the customer completes the order.
The price applicable to the purchase is the price displayed at the time the order is submitted.
Gemma GmbH reserves the right to correct obvious pricing, typographical or technical errors.
If an obvious error affects an order, Gemma GmbH may contact the customer and, where legally permitted, cancel the affected order and refund any payment already made.
Promotional offers may be subject to separate terms and conditions.
You agree to provide accurate and complete payment and billing information and to update such information where necessary.
SECTION 6 – SHIPPING AND DELIVERY
Gemma GmbH will arrange delivery of products purchased through the Savina Diamonds online store to the delivery address provided by the customer.
Estimated delivery or production times are stated on the relevant product page or during the ordering process.
For individually manufactured jewelry, production times may be longer than for products that are immediately available.
Delivery times may be affected by circumstances outside Gemma GmbH's reasonable control, including carrier delays, customs procedures and other unforeseen events.
Where the customer is a consumer, the statutory rules regarding delivery and transfer of risk apply.
SECTION 7 – INTELLECTUAL PROPERTY
The Services and all content made available through the Savina Diamonds website, including but not limited to:
- the Savina Diamonds name and logo;
- trademarks;
- product names;
- jewelry designs;
- photographs;
- product images;
- text;
- graphics;
- videos;
- audio;
- website design;
- layouts; and
- other materials
are owned by or licensed to Gemma GmbH, Savina Diamonds or the respective rights holders and are protected by applicable intellectual property laws.
Nothing in these Terms grants you a license or other right to use the Savina Diamonds trademark, logo, designs or other intellectual property without the prior written consent of Gemma GmbH or the applicable rights holder.
The Savina Diamonds name, logo, product names, designs and slogans are trademarks of Gemma GmbH or are used under the applicable rights or licenses.
Unauthorized reproduction, distribution, modification or commercial use of our content is prohibited unless expressly permitted by law or authorized in writing.
SECTION 8 – OPTIONAL THIRD-PARTY TOOLS
The Services may provide access to tools, applications or functionalities provided by third parties.
Gemma GmbH does not necessarily control or monitor these third-party tools.
Where permitted by applicable law, such tools are provided subject to the applicable third-party terms.
Your use of third-party tools is subject to the terms and conditions of the relevant provider.
Gemma GmbH may introduce additional features, tools or resources in the future. Such features will form part of the Services and may be subject to these Terms or additional terms.
SECTION 9 – THIRD-PARTY LINKS
The Services may contain links to websites, services or content operated by third parties.
Gemma GmbH is not responsible for the content, availability, accuracy or practices of third-party websites.
If you access a third-party website through a link on the Savina Diamonds website, you do so at your own risk and should review the applicable terms and privacy policies of that third party.
Any transaction involving a third party is between you and that third party.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
Savina Diamonds is powered by Shopify, which provides the e-commerce platform that enables Gemma GmbH to operate the online store.
However, purchases made through the Savina Diamonds online store are transactions directly between the customer and Gemma GmbH.
Shopify is not the seller of the products offered by Savina Diamonds and is not responsible for the products, orders, delivery, returns, warranties or other obligations arising from transactions between the customer and Gemma GmbH, subject to applicable law.
SECTION 11 – PRIVACY POLICY
Personal information collected through the Services is processed in accordance with our Privacy Policy.
The Privacy Policy explains how Gemma GmbH, operating the Savina Diamonds online store, collects, uses and processes personal information.
Because the Services are hosted by Shopify, Shopify may also process certain personal information in accordance with its own privacy policies and applicable law.
For further information, please refer to our Privacy Policy.
SECTION 12 – CUSTOMER REVIEWS AND FEEDBACK
If you submit, upload, post, email or otherwise provide reviews, comments, photographs, suggestions or other content to Gemma GmbH or Savina Diamonds (“Feedback”), you grant Gemma GmbH a non-exclusive, worldwide, royalty-free right to use, reproduce and display such Feedback for purposes related to operating and promoting the Savina Diamonds business, subject to applicable law and our Privacy Policy.
You represent that you have the necessary rights to submit such Feedback and that it does not infringe the rights of any third party.
Gemma GmbH reserves the right to remove or refuse to publish Feedback that is unlawful, misleading, offensive, defamatory, infringes intellectual property rights or otherwise violates these Terms or applicable law.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Although Gemma GmbH makes reasonable efforts to maintain accurate information, the Services may occasionally contain typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, availability, shipping information or other content.
Gemma GmbH reserves the right to correct such errors.
Where an error materially affects an order, Gemma GmbH may contact the customer and take appropriate action in accordance with applicable law.
Mandatory consumer rights remain unaffected.
SECTION 14 – PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services:
- for unlawful or fraudulent purposes;
- to infringe the intellectual property rights of Gemma GmbH, Savina Diamonds or third parties;
- to transmit malicious software or harmful code;
- to interfere with the operation or security of the website;
- to collect personal information of other users without authorization;
- to impersonate another person or entity;
- to transmit misleading or fraudulent information;
- to reproduce or commercially exploit the Services without authorization; or
- in any manner that may damage Gemma GmbH, Savina Diamonds, Shopify or other users.
Gemma GmbH reserves the right to restrict or terminate access to the Services where legally permitted if a user materially violates these Terms.
SECTION 15 – TERMINATION
Where permitted by applicable law, Gemma GmbH may restrict or terminate a customer's access to an account or certain Services where the customer materially violates these Terms or engages in unlawful or fraudulent conduct.
Termination does not affect rights or obligations that arose before termination.
Mandatory consumer rights remain unaffected.
SECTION 16 – WARRANTIES AND STATUTORY RIGHTS
Information provided through the Services is intended to provide general information about our products and services.
Nothing in these Terms excludes or restricts any statutory rights that cannot legally be excluded or restricted.
In particular, consumers retain their statutory warranty rights (Gewährleistungsrechte) under applicable Austrian and EU law.
SECTION 17 – LIABILITY
Gemma GmbH is liable in accordance with applicable law.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including liability for injury to life, body or health caused by unlawful conduct.
To the extent permitted by law, Gemma GmbH is not liable for indirect losses that are not reasonably foreseeable or that do not arise directly from a breach of a contractual obligation.
Mandatory consumer protection rules remain unaffected.
SECTION 18 – INDEMNIFICATION
To the extent permitted by applicable law, you agree to compensate Gemma GmbH for losses or claims arising from your unlawful use of the Services, infringement of third-party rights or material violation of these Terms.
This provision does not apply to the extent that the relevant loss was caused by Gemma GmbH or where such limitation would be prohibited by mandatory consumer protection law.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain unaffected to the extent permitted by law.
The invalid provision shall be replaced by the applicable statutory provision where required.
SECTION 20 – ENTIRE AGREEMENT
These Terms, together with the policies expressly incorporated into them, constitute the agreement governing your use of the Services and your purchases from Gemma GmbH through the Savina Diamonds online store, subject to mandatory statutory rights.
SECTION 21 – ASSIGNMENT
Customers may not transfer their contractual rights or obligations to another person without the prior written consent of Gemma GmbH, except where such transfer is permitted by mandatory law.
Gemma GmbH may transfer contractual rights or obligations where legally permitted, including in connection with a restructuring, merger, sale or transfer of the business.
SECTION 22 – GOVERNING LAW
These Terms and contracts concluded through the Savina Diamonds online store are governed by Austrian law, subject to mandatory consumer protection provisions applicable to consumers in their country of habitual residence.
Where the customer is a consumer, the applicable statutory rules regarding jurisdiction and consumer protection apply.
Where the customer is an entrepreneur, the competent courts at the registered seat of Gemma GmbH shall have jurisdiction, to the extent legally permissible.
SECTION 23 – HEADINGS
The headings used in these Terms are for convenience only and do not affect the interpretation of the provisions.
SECTION 24 – CHANGES TO THESE TERMS
Gemma GmbH may update these Terms from time to time.
The current version will always be made available on the Savina Diamonds website.
Changes will apply from the date specified in the updated Terms and will not retroactively alter contracts already concluded, except where permitted or required by law.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms or purchases made through the Savina Diamonds online store can be directed to:
Gemma GmbH
operating under the brand/trademark Savina Diamonds
Donau City-Strasse 12/2/37
1220, Vienna
Austria
Company registration number: FN 505256z
VAT ID: ATU 74076215
