Terms of Business

all orders, offers and shipments are subject to the following terms and conditions. terms and conditions shall also apply for all future business without the need of expressive renewal with each transaction. counterconfirmations of buyer in reference to buyer´s own terms and conditions are objected herewith. deviations from terms and conditions shall be valid only if confirmed in writing. an agreement is perfect only after written confirmation of buyer´s order or our initial steps of fulfillment.

by ordering in writing, by fax or e-mail buyer accepts terms and conditions. in case of telephone or verbal order terms and conditions are accepted with receipt of written confirmation of the order with terms and conditions attached.

prices
all prices include current austrian VAT are subject to change and not binding.
ATTENTION RE-SELLERS: please read below paragraph "wholesale"

wholesale
trade members please register with e-mail adress and password and identify yourselves as re-sellers by means of VAT number (EU countries), chamber of commerce registration, gem & jewellerey trade organizations e.a.
you will be notified by e-mail that your trade membership has been acknowledged and that you have been granted wholesale-status. from that time on you will get to see net wholesale prices excluding VAT after login.
sales to re-sellers within the EU can be conducted as "taxfree innereuropean business transactions" provided that buyer has a valid VAT number.

quality
we do our best to represent colour, clarity and quality of cut as accurate as technically feasable. because of the varying performance of computer monitors slight deviations are to be accepted. we stress that gemstones are products of nature and that therefore slight deviations in colour and clarity are not to be considered flaws but natural.

return policy​
buyer has the right to return goods within 14 days of acceptance of our shipment. buyer can either print this form and return by mail or contact us by e-mail. buyer will be fully refunded with no questions asked. costs for packing and shipping will not be refunded. buyer has to bear costs for the return shipment. for insurance reasons, buyer must use a plain envelope (no company stamp or other clues to valuable content) and notify us prior to shipping.

return address:
Fa. Thomas Pfneisl
Himmelpfortgasse 7/20a
1010 Vienna
Austria - Europe

payment
- shipment to retail customers only after complete payment
- shipments to registered re-sellers will be either after complete payment (first time customers) or accompanied by invoice.

default of payment entitles us to collect interest of 1% per month and to enforce payment. all legal costs and fees will be debited tobuyer and have to be settled immediately.

buyer is entitled to set off any counter-claims only if undisputed or legally effective.

we are not obliged to accept cheques or bills of exchange. however, if we do accept cheques or bills of exchange all discounts and interests will be debited to buyer and have to be settled immediately. in case of default of payment, in particular if buyer does not honour bill of exchange on date of maturity, if buyer´s cheque is not covered, if buyer does not fulfill agreed terms of part payments or his credibility is otherwise jeopardized, we are entitled to make all outstanding debts due for immediate payment.

proprietary rights
we reserve proprietary rights to all our goods until payment has been received in full. as long as our proprietary rights are reserved we are entitled to step down from contract and take back goods.

litigation
place of fulfillment for all contracts is Vienna, Austria. provided that buyer is not a final consumer any disputes, controversy or claim arising out of or in connection with contracts or terms and conditions, including any questions regarding its existence, validity or termination shall be referred to and finally resolved by the courts of Vienna, Innere Stadt, Austria.

jurisdiction
all contracts including terms and conditions are governed by austrian law. terms and conditions retain their validity even if parts are changed or rendered invalid.