terms of use

This website, www.bergendiamonds.com, (the "Website") is owned and operated by Bergen FZ LLC. ("we" or “Bergen" or "Bergendiamonds"), a company registered in the United Arab Emirates, Ras Al Khaimah Economic Zone under the company registration number 5022055.

You acknowledge that any use of the Website by you, including any transactions for which you use it, is subject to the Terms and Conditions set out below. This also includes our return, delivery and payment conditions (all conditions combined form our "Terms and Conditions"). Please note that these Terms and Conditions also apply to all contracts you enter with us by means of distance communication such as a telephone (e.g. when you view items on the Website and call us directly to place an order). 

Please read through these Terms and Conditions carefully before using this website as your use of the website will signify your agreement to be bound by them.

We reserve the right to change these terms at any time. Any such changes will apply to new orders as soon as they are posted on the Website. It is your responsibility to read the Terms and Conditions each time you use the Website. Your continued use of the Website means that you are agreeing with the latest version of our Terms and Conditions. Any purchases you make are based on the version of the Terms and Conditions valid at the time of purchase.

Ordering and purchasing process

1.   Put your item(s) in the shopping cart

2.   You will find a summary of your order in the order overview.

3.   After completing your order, you will receive an order confirmation by email.

4.   Bergen will then review your order and the prices. You will be informed if the prices differ.

5.   Bergen will ship your item(s) and send you a delivery confirmation by email. This completes the sales contract between Bergen and you.

6.   When you order items ("Goods") from us online, the final details of your order will be displayed on the "Order Summary" page. After checking the details, you will be asked to place your order ("Order"). After you have placed your order, we will immediately email you a confirmation that your order has been received ("Order Confirmation"). Such an email does not constitute a binding acceptance of the order, unless expressly indicated therein.

7.   We do not provide direct access to the details of your purchase on the Website after you have placed your order. We therefore recommend that you save the order confirmation or order confirmation email, or print it out for your own records. If you require specific information about previous purchases you have made, please contact us.

8.   The presentation of goods on the Website does not constitute a binding offer to conclude a sales contract. By placing your order, you are making an offer to Bergen to conclude a sales contract. The order confirmation that you receive after your order has been placed does not yet constitute an acceptance of this offer. In case of shipping, a sales contract is only concluded when the ordered item(s) and the delivery confirmation have been sent to you.

Personal information, payment and availability

1. When checking your order, we may have your identity checked by an identity verification centre. It is important that you provide us with accurate information, otherwise these identity checks could produce negative results that could result in your order being rejected. If necessary, we may double check your data with fraud prevention and protection authorities.

2. Availability and replacement delivery

 a. Orders for goods are subject to availability. If we cannot deliver the goods you have ordered, we will inform you as soon as possible. When possible, we will provide you  with a replacement of at least equivalent value. In this case, you have the option of either accepting the replacement or receiving a full refund of any amounts already paid for goods that cannot be delivered.

3. Pricing determination errors

   a. The price of the goods is, in general, the price displayed on the Website at the time of the order. Although we try to ensure that all prices on the Website are correct, errors may occur. We review the prices as part of the order confirmation. If the correct price of your goods is below our stated price, we will charge the lower amount when shipping the goods.  IF A PRODUCT'S CORRECT PRICE IS HIGHER THAN THE PRICE STATED ON THE WEBSITE, WE WILL EITHER CONTACT YOU FOR FURTHER INSTRUCTIONS BEFORE DISPATCHING THE PRODUCT(S) OR REJECT YOUR ORDER AND NOTIFY YOU OF SUCH REJECTION. Once we have contacted you and informed you that the price is higher than the price stated on the Website, you can cancel your order free of charge. You will then receive a full refund. If an order is canceled this way, you agree that this releases us from any service obligations except the obligation to repay.

4. Payment of the purchase price is due immediately upon completion of the order. There are various payment options available which are displayed at the beginning of the ordering process.

5. Ownership of all goods that you buy on the Website passes on to you upon delivery of the goods, provided that we have received full payment for the goods.

6. Prices quoted on the Website include shipping costs, unless stated otherwise. If you are to bear shipping costs, they will be specified before your order is placed and are specified again in the order confirmation.

7. Bergen can cancel the contract or refuse to enter into a contract with you regarding certain goods at any time before sending the shipping confirmation for reasons of availability or other valid reasons. In this case, Bergen will immediately, but no longer than within 14 working days, refund the purchase price in full to your account.

8. You agree to indemnify Bergen in full against all costs and outgoings Bergen incurs by obtaining payments from you in the event that a failed payment occurs for reasons for which you are responsible for (including, without limitation, the cost of fees for failed payments billed to us by our payment service partners).

 

Delivery

1. Shipping costs and estimated delivery times are specified before the customer's order confirmation. We strive to deliver the goods within the deadlines specified in the    shipping confirmation.

   a. Delays can be unavoidable due to unforeseen factors, especially with custom-made items. Bergen assumes no liability for delays caused by slight negligence or failures       to meet delivery deadlines caused by slight negligence. Nothing in this contract is intended to limit the liability for damage to life, body or health that is the result of a negligent breach of duty by Bergen or an intentional or negligent breach of duty by a legal representative or proxy of Bergen.

2. The risk of loss and damage to the goods shall pass to you when the goods are handed over.

3. Generally the carrier is: a) FedEx, Intex or UPS for Germany and any other country worldwide; b) Under special circumstances, the delivery agent may be another    representative named by Bergen.

4. The delivery address is provided by you during the ordering process.

   a. The goods are always deemed to have been delivered when our delivery service delivers them to the delivery address you have provided. For items with a value greater       than USD 700 the signature of an adult is required.

   b. The goods are also deemed to have been delivered when you pick up the goods at the address provided by our delivery service on the delivery note.

   c. Should a direct delivery not be possible due to a lack of acceptance, you are obliged to collect the goods within 5 working days of receiving notification from our delivery service that the goods are ready for collection. After the expiration of the period of 5 working days, the goods are considered rejected. In such cases, you will be reimbursed for the cost of the goods, minus the costs charged to us by the respective shipping company for returning the goods to us. (If the goods are custom-made, we reserve the right to only reimburse the costs for the item(s) itself, but not the costs that arise as a result of the individualization of the item(s)).

5. To protect against theft, we recommend that you provide a delivery address that is not accessible to third parties.

Withdrawal right

1. If you are a consumer according to legal provisions, you have a right of withdrawal in accordance with the statutory provisions.

2. This right of withdrawal does not apply, meaning you cannot withdraw from the contract, in the following cases:

   a. In cases in which the delivered goods were not prefabricated and were manufactured or adapted by us based on your specific requirements (individualization). This includes, for example, a piece of jewellery that we have created for you by setting a gemstone that you have bought from us into a specific setting;

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3. Otherwise, the right to revoke orders is subject to the provisions of the following:

4. Withdrawal policy

   a. You have the right to withdraw from this contract within fourteen days without statement of any reasons.

   b. The withdrawal period is 14 days from the day on which you or a third party whom you have appointed and who is not the deliverer has taken possession of the goods (or       the final goods, last partial shipment, or the last item(s) in contracts involving a single order for multiple goods or the delivery of a single good in multiple partial shipments).

   c. To exercise your right of withdrawal, you must explicitly notify us ([email protected]; +49 541 76099220) of your decision to withdraw from the contract by sending us an unequivocal statement of your decision to do so (e.g. email). 

To comply with the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

   d. Consequences of withdrawal

      i. Should you choose to withdraw from this contract, we shall refund all payments which we have received from you without delay, including shipping costs (except for additional costs arising from selecting a shipping method different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received your notice of withdrawal from this contract. The refund shall be issued using the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund.

      ii. You must send back the goods to us without delay, no later than fourteen days from the day on which you notified us about withdrawing from the contract. The withdrawal period is met if you dispatch the goods before the end of the fourteen day period. You will bear the direct costs of returning the goods.

      iii. If we bear the return costs in individual cases and after consulting with you, you must hand over the goods immediately or within fourteen days at the latest to the logistics company named by us. The deadline is met if you send the goods back before the fourteen-day period has expired.

      iv. We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped back the goods, whichever takes place first.

      v.  You only have to pay for any loss in value of the goods if this loss in value can be traced back to handling that is not necessary to check the nature, properties and functionality of the goods.

      vi. You do not have to send the goods received back to us in the outer packaging (shipping box) in which the goods were when they were delivered. However, the goods           are to be returned to us sufficiently protected. You may have to bear the costs of damages that can be traced back to inadequate packaging of the returned goods.

      vii. If the goods are in additional packaging within the outer packaging when delivered, e.g. in special additional protective packaging, gift packaging, a ring box or a jewellery box, this packaging is considered a part of the delivered goods and must be returned to us as well when the jewellery is returned. Otherwise, we may demand compensation for the costs incurred as a result of the failure to return said additional packaging.

      - End of withdrawal policy - 

 

Returns and replacement deliveries, inspections

1. Due to hygienic concerns all earrings are exempt from returns. Your statutory warranty claims are not affected by this.

2. In the unlikely event that the goods delivered prove to be faulty, damaged, or different from what you ordered, Bergen will offer to replace or repair the goods or, if you prefer, refund the purchase price for the return of the defective goods. In any case, if the goods we deliver are defective, you are entitled to the statutory warranty rights.

3. If defective goods are returned, regardless of the legal basis for the return, the respective goods must be returned in full. If the goods are in additional packaging within the outer packaging (shipping box) when delivered, e.g. in special additional protective packaging, gift packaging, a ring box or a jewellery box, this packaging is considered a part of the delivered goods and must be returned to us as well when the jewellery is returned.

4. Certificates, if supplied, must also be returned. If the certificate is not returned, we will charge EUR 200 for a replacement certificate. You have the right to provide    evidence that we have not incurred any costs or costs for the replacement certificate that is considerably lower than the aforementioned lump sum.

5. Should the goods show signs of deterioration (such as damage, wear and tear, etc.) that go beyond the deterioration caused by the intended use of the item(s), we can demand compensation from you. We reserve the right to offset this compensation against any repayments to you. In this case, our repayment to you can be reduced    accordingly.

If you have any questions about returning defective goods, please email us at [email protected]

6. Bergen goods have a lifetime guarantee against manufacturing and processing defects. This warranty does not apply to goods that are exposed to excessive wear, misuse or damage to property, regardless of the causes. The item(s) must not be damaged by improper handling or improper external impacts (e.g. knocks, dents or pressure) and must not be changed, manipulated, repaired or serviced by a service provider other than Bergen. Wear and tear caused by the intended use of the piece of jewellery does not constitute manufacturing defects and is not covered by the warranty. This warranty becomes effective in addition to your statutory warranty claims which are not affected by this.

7. If you want to make a warranty claim, please contact us at [email protected]

8. In order to enforce the warranty, the goods must be returned in full, meaning with any special, additional packaging (except the original shipping box) and the    certificate that may have been sent with the goods. In addition, proof of purchase must be presented by the buyer. Should the certificate not be sent alongside the    goods, we may charge EUR 200 plus VAT for a replacement certificate. You have the right to provide evidence that we have not incurred any damage or damage for the replacement certificate that is considerably lower than the aforementioned lump sum.

9. In the event of an insufficient delivery, costs for special or additional packaging and other supplementary material may be charged. The cost of returning the goods to us and insuring them during transport shall be borne by you. The cost may vary depending on the country the goods are sent from and their value. All returns for which a warranty claim is asserted are subject to verification and authentication by the Bergen team. The item(s) must be classified as defective as a result of a manufacturing defect by our production department.

10. If claims from this guarantee are asserted, the decision about the further procedure (exchange, repair or similar) depends on the individual case and will be discussed with you.

11. If the purchased jewellery has been tampered with or changed in any way by you, another jeweller or any other third party, the lifetime guarantee becomes void.

12. All sizes and measurements of the rings and pieces of jewellery are approximate. However, we try to ensure that the sizes and measurements are correct. If you do not     know your ring size, please use the provided tools to determine the ring size.

13. Most of our rings can be made smaller/larger free of charge within 30 days of purchase. This does not apply to custom-made rings and full eternity style rings. In order     to resize your ring, you need to return the ring to us within 30 days after receiving it. Some rings can be resized, others have to be produced anew from scratch. In the case of custom-made rings, a resizing is at our discretion.

14. The terms for resizing outside the aforementioned 30 days depend on the item(s) selected and are as follows:

15. Engagement Rings:

    a. For plain band set rings, a resizing of two sizes smaller or larger than the original size is possible for a service fee. If the resizing exceeds two sizes from the original size ordered, the ring may require to be made from scratch for which corresponding costs will apply. Final prices and service fees will be confirmed after consulting our sales team.

    b. Engagement rings with diamond-set shanks (including custom-made rings) must be assessed in order to ensure whether they can be resized, or whether they need to be remade for which costs will apply. This will be confirmed after consultation with our sales team at [email protected]

16. Eternity Rings:

    a. Full eternity rings - due to the nature of the setting, these rings cannot be resized and must be replaced within 30 days of purchase. Otherwise, changes cannot be made. Please contact our sales team to discuss alternative options for your ring.

    b. Half eternity rings - Due to the type of setting, all rings must first be examined to see whether a resizing is possible or whether a ring has to be created anew. The price will be confirmed after the assessment. Please contact our sales team at [email protected]

17. Custom-made rings:

    a. Custom-made rings can be resized free of charge within 30 days of collection/receipt, provided that a resizing of the respective ring and its design and specifications is possible. Upon receiving your request, we will check whether a resizing is possible and discuss it with you. The resizing may result in additional costs that shall be borne by you. This also applies if the ring has to be made anew from scratch if it cannot be resized as desired. You will be informed about any additional costs in advance. It will then be clarified whether the size change should be carried out.

18. All goods remain the property of Bergen until they have been fully paid for. If you receive goods that you ordered but did not pay for, and Bergen asks you to return these goods, you must do so immediately. Bergen will bear the shipping costs and may charge you interest at the statutory rate. 

 

Our liability

1. Claims for damages against Bergen are principally excluded. Exempt from this are claims for damages resulting from injury to life, body, health, or from any breach of essential contractual obligations, as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by Bergen or their legal representatives or agents. Essential contractual obligations are those which must be fulfilled to achieve the objective of the contract.

2. In the event of a breach of any essential contractual obligations, Bergen shall only be liable for foreseeable damage that is typical for this type of contract if it was caused by simple negligence, unless the customer's damage claims arise from injury to life, body, or health.

3. The limitations of liability in sections 6.1 and 6.2 also apply to legal representatives and agents of Bergen if claims are made directly against them.

4. The limitations of liability resulting from sections 6.1 and 6.2 do not apply if Bergen maliciously concealed the defect or assumed a warranty for the quality of the item(s). The same shall apply if you and Bergen have reached an agreement on the quality of the item(s). The provisions of Product Liability Law remain unaffected.

 

Import duty

1. If you order goods from the Website for delivery outside the European Union, these goods may be subject to import duties and taxes that will be levied when the delivery reaches its specified destination. Bergen will be responsible for paying such import duties and taxes and an estimate summary of such charges is shown on the checkout page. Please note that we have no control over these charges and can only predict their amount.

2. Please note that you must comply with all applicable laws and regulations of the country from which the goods you ordered originate. We will not be liable for any breach by you of any such laws.

 

Force majeure

1. We will not be held responsible or be liable for any failure to perform, or any delay in performance of, our obligations specified in this contract that is caused by events beyond our control ("force majeure").

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3. The respective duties to perform of both parties specified in this contract are to be suspended for the duration of the force majeure event. We will try to bring the event to an end or find a solution that will allow our obligations specified in this contract to be fulfilled.

4. If the force majeure event continues for more than two months, either party can cancel the affected sales contract. The performance of duties by Bergen becoming    impossible as a result of a force majeure event will not affect your rights.

 

Intellectual property

1. You acknowledge and agree that all copyrights, trademarks, and all other proprietary rights to all materials and content made available to you in order to use the Website remain with us at all times. You may only use this material if explicitly approved by us or our licensors (if applicable). The content of the Website (in particular videos, images, text, audio, audiovisual material and graphics) must not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means for any purpose except for the purpose specified below.

2. You acknowledge and agree that the material and content on the Website is provided to you for your personal and non-commercial use and that you may only download such material and content for the sole purpose of using the Website. You further acknowledge that any other use of the material and content on the Website is strictly prohibited and agree not to copy, reproduce, transmit, publish, display, distribute, commercially reuse any of these materials or create derivative works.

3. You especially acknowledge that 'Bergen' ("Trademark") is a registered trademark of Bergen FZ LLC and that neither the Trademark nor any derivative or variation thereof may be used in any way without our explicit permission (including, but not limited to, the use as a 'hyperlink'). You agree that you are not permitted to use the Trademark in any way that is confusing to Bergen customers or potential Bergen customers or that could in any way discredit or damage the reputation of Bergen.

4. Nothing on this Website may be construed as granting any licence or rights to use any inherent property rights without the explicit written permission of Bergen.

 

Newsletters and promotions

1. All products purchased during a promotional sale are non-refundable and non-exchangeable and cannot be resized. This does not affect your statutory warranty rights.

2. If a product is purchased during a promotional period, it cannot be purchased in conjunction with any other Bergen or third-party offers or discounts offered on the Website. No two offers can be used for the same product at the same time.

3. Promotions or sales never include custom-made items.

4. Newsletter subscription - By providing us with your email address, you agree to us contacting you via email. Bergen will use the information provided by you to keep you informed about news, raffles, and promotions. Bergen will never pass on your data to other companies without your consent. You can cancel the receipt of this correspondence by unsubscribing from the emails we send or by contacting us directly at [email protected]

5. Discounts from different special offers cannot be combined.

 

Viruses, hacking, and other offences

1. You must not misuse the Website by knowingly introducing viruses, trojans, logic bombs or other malicious or technologically harmful material to it. You must not attempt to gain unauthorized access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack the    Website via a denial-of-service attack or a distributed denial-of-service attack.

2. We will report such violations to the appropriate law enforcement authorities and cooperate with those authorities. In the event of a corresponding court or official order, this includes our disclosing your identity to the authorities.

3. We are not liable for any losses or damages caused by a distributed denial-of-service attack, a virus or any other technologically harmful material that might have infected your computer(s), computer programs, data or any other copyrighted material as a result of your use of the Website or downloading material published on the Website or a Website linked to it. The regulations specified in section 6, in particular the exceptions to limitations of liability, apply to this limitation of liability accordingly.

 

Transfer of rights and obligations

1. The contract is binding for you and us as well as our respective legal successors and assignees.

2. You may not transfer, assign, encumber or otherwise dispose of a contract or any of your rights or obligations specified in that contract without our prior written consent.

3. We are entitled to transfer, assign, encumber, pass on or otherwise alienate a contract or our rights and obligations specified in that contract at any time during the contractual period.

 

Waiver

1. If at any time during the term of a contract we fail to insist upon strict performance of any of your obligations under the contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or legal remedies to which we are entitled under the contract, this shall not constitute a waiver of such rights or legal remedies and shall not relieve you from fulfilling such obligations.

2. Our failing to assert any rights in the event of your default does not constitute a waiver of the enforcement of our rights in the event of a later default.

3. No waiver of any provision of these Terms and Conditions by us is effective unless it is expressly designated as a waiver and communicated to you in writing.

 

Severability clause

1. Should a provision of these Terms and Conditions or any other provision of a contract between the parties be or become void, the validity of the remaining provisions shall not be affected.

 

Entire agreement

1. These Terms and Conditions and all documents expressly referred to therein constitute the entire agreement between the parties and replace all previous discussions, correspondence, negotiations, or agreements between us with regard to the object of the contract.

2. The parties acknowledge that, when entering into the contract, neither party relies on any guarantees or warranties (whether through no one's fault or negligent statement) that are not contained in these Terms and Conditions or the documents referred to therein or on the Website or provided by law.

3. Both parties agree that our only liability regarding the guarantees and warranties contained in these Terms and Conditions (whether innocent or negligent) is based on a violation of contract.

4. Liability for fraud is neither limited nor excluded by this section.

 

Applicable law and place of jurisdiction

1. Contracts for the purchase of goods via the Website and all disputes or claims arising from or in connection with them or their contractual object or their formation (including non-contractual disputes or claims) are subject to UAE law. All disputes or claims arising from or in connection with such contracts or their conclusion (including non-contractual disputes or claims) are subject to UAE jurisdiction.

2. Dispute settlement: The EU Commission has created an internet platform for the online settlement of disputes. This platform acts as a point of contact for out-of-court dispute settlements, dealing with contractual obligations resulting from online sales contracts. More information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration body.