Terms and Conditions
General Terms and Conditions
These General Terms and Conditions apply to orders placed through the Rosy Lab Diamonds online shop at www.rosylabdiamonds.com.
1. Scope of application
These General Terms and Conditions (hereinafter “GTC”) apply to all contracts that consumers or entrepreneurs conclude with us for the goods offered in our online shop.
A consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity.
An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
The customer's deviating terms and conditions shall not become part of the contract unless we have expressly agreed to their validity.
2. Contracting party
The purchase contract is concluded with:
Birgie GmbH
Sonnige Höhe 11
44894 Bochum
Germany
Phone: +49 (0)162 516 65 34
Email: info@rosylabdiamonds.com
Managing Director: Mustafa Cetinkol
Commercial register: Dortmund Local Court, HRB 28092
VAT identification number: DE 311895438
3. Offer and conclusion of contract
The presentation of products in the online shop does not yet constitute a legally binding offer, but rather an invitation to submit an order.
You may initially place products in the shopping cart without obligation and review and change your entries at any time before submitting the order using the correction options provided during the ordering process.
By clicking the final order button, you submit a binding offer to purchase the goods contained in your shopping cart.
We may accept your order in particular by expressly confirming the order by email, by shipping the goods, or—depending on the payment method selected—by initiating or accepting payment.
The automatically sent confirmation of receipt documents receipt of your order. Unless this email expressly also declares acceptance of the order, it does not yet constitute acceptance of the contract.
4. Contract language and contract text
The ordering process can be completed in the language versions offered in the online shop.
The order details relevant to your order will be sent to you electronically in connection with the order or order confirmation.
If you have set up a customer account, additional information about your orders may also be available there.
5. Prices and shipping costs
The sale prices stated in the online shop include the legally applicable VAT unless expressly stated otherwise.
Additional shipping costs may apply. The applicable shipping costs will be displayed to you in the online shop or during checkout before the order is completed.
For deliveries to countries outside the European Union, additional customs duties, import charges, or taxes may arise. Such charges are generally levied by the competent authorities of the recipient country and, to the extent permitted by law, are payable by the recipient.
6. Payment
The payment methods available for an order are displayed in the online shop or during the checkout process.
Depending on the country, currency, and order value, individual payment methods may be unavailable or available only to a limited extent.
If payment is made through an external payment service provider, the terms and conditions of the respective payment service provider may also apply.
7. Delivery
Delivery will be made to the delivery address provided by the customer during the ordering process.
Information about available delivery areas, shipping methods, estimated delivery times, and any applicable shipping costs is displayed in the online shop or during the ordering process.
If an ordered product is exceptionally unavailable, we will inform you without undue delay. Any payments already made for goods that cannot be delivered will be refunded.
8. Custom-Made Products and Personalization
For certain items of jewelry, we offer individual adjustments or custom-made products. These may include, in particular, engravings, individually selected materials, gemstones, dimensions, or other modifications expressly made to the customer’s specifications.
Selecting from standard variants regularly offered in the online shop does not automatically mean that the product is an individual custom-made item.
However, if a product is not prefabricated and is manufactured based on an individual selection or specification by the customer, or is clearly tailored to the customer’s personal needs, the statutory right of withdrawal may be excluded for that product.
Whether a specific order qualifies as a custom-made product depends on the actual individual manufacture or modification of the item of jewelry concerned.
9. Retention of title
The goods remain our property until the purchase price has been paid in full.
10. Transport damage
The following applies to consumers: If goods are delivered with obvious transport damage, we ask you to report the damage to the delivery person whenever possible and inform us accordingly. Failure to report the damage does not affect your statutory warranty rights.
The following applies to businesses: Businesses are subject in particular to the statutory duties to inspect and give notice of defects pursuant to Section 377 of the German Commercial Code (HGB).
11. Right of withdrawal for consumers
Consumers generally have a statutory right of withdrawal for distance contracts.
In addition to the statutory withdrawal period, Rosy Lab Diamonds voluntarily grants consumers an extended withdrawal period of a total of 30 days for goods eligible for withdrawal.
All statutory consumer rights remain unaffected by this voluntary extension.
After declaring withdrawal, the goods must generally be returned within 14 days. The consumer bears the direct costs of returning the goods unless expressly agreed otherwise in the individual case.
Complete information on withdrawal, returns, return shipping, refunds, possible exceptions, and the model withdrawal form can be found on our page “Withdrawal & Returns”.
12. Exclusion of the Right of Withdrawal for Custom-Made Products
The right of withdrawal does not apply, in particular, to contracts for goods that are not prefabricated and for whose production an individual selection or determination by the consumer is decisive, or that are clearly tailored to the consumer's personal needs.
For Rosy Lab Diamonds, this may include Jewelry made individually or specially modified for the customer after conclusion of the contract, such as Jewelry with a personal engraving or material, stone, size, or design changes expressly made according to the customer's specifications.
Merely selecting a regular, already offered product variant does not automatically constitute a custom-made product.
13. Inspection of Goods and Compensation for Loss in Value
Consumers may inspect the goods received to the extent necessary to determine their condition, properties, and functionality.
A statutory right of withdrawal is not excluded merely because packaging has been opened or a product has been handled for the purpose of permissible inspection.
However, consumers may be liable for any loss in value if that loss results from handling the goods in a way that was not necessary to examine their condition, properties, and functionality, and the statutory requirements for compensation for loss in value are met.
14. Liability for Defects
The statutory liability rights for defects apply.
For consumers, the regular statutory limitation period for claims based on defects in goods is generally two years from delivery of the goods, unless otherwise provided by law.
An additional warranty exists only if one was expressly offered for the respective product. Statutory rights relating to defects are not limited by any additional warranty that may be granted.
15. Product Presentation and Minor Deviations
We strive to depict our jewelry as true to nature as possible. Depending on the screen used, display settings, and lighting conditions, colors and surfaces may differ slightly in appearance.
For handcrafted or individually processed jewelry, minor production-related deviations may occur, provided they do not impair the agreed quality or contractual use.
16. Liability
We shall be liable without limitation for damage caused by intentional or grossly negligent conduct on our part or on the part of our legal representatives or vicarious agents.
We shall also be liable without limitation for damages arising from injury to life, body, or health, for fraudulently concealed defects, for expressly assumed guarantees, and under mandatory statutory liability provisions, in particular the Product Liability Act.
In the event of a slightly negligent breach of material contractual obligations, our liability shall be limited to the damage foreseeable at the time of conclusion of the contract and typical of the contract. Material contractual obligations are those whose fulfillment is essential to the proper performance of the contract and on whose compliance the contractual partner may regularly rely.
Furthermore, liability for damage caused by slight negligence is excluded to the extent permitted by law.
17. Electronic Withdrawal Function
Where legally required, we will provide consumers with an electronic means of submitting a withdrawal declaration through our online user interface during the withdrawal period.
Use of this electronic function is not mandatory. A withdrawal may still be declared by other means permitted by law.
18. Consumer Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
No reference is made to the former European Union online dispute resolution platform, as the platform has been discontinued.
19. Applicable Law
The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
For consumers, this choice of law shall apply only insofar as it does not deprive them of the protection afforded to them by mandatory provisions of the state in which they have their habitual residence.
20. Place of Jurisdiction for Businesses
If the customer is a merchant, a legal entity under public law, or a special fund under public law, our registered office shall, to the extent permitted by law, be the place of jurisdiction for disputes arising from the contractual relationship.
21. Final Provisions
Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid, the statutory provisions and the validity of the remaining provisions shall remain unaffected.
As of August 2026