I. General Terms and Conditions

1. Basic provisions
1.1. The following terms and conditions apply to contracts for the purchase of colored gemstones that you conclude with us (Deutsches Edelsteinhaus DEH GmbH, Kogenwiese 5, 88279 Amtzell).

1.2. The services we offer are aimed at both consumers and businesses. For the purposes of these terms and conditions, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither related to their commercial nor their independent professional activity. A business, as defined in Section 14 Paragraph 1 of the German Civil Code (BGB), is any natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, is acting in the course of their independent professional or commercial activity.

1.3. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby rejected.

2. Subject matter of the contract/Conclusion of the contract
2.1. The subject of this contract is the sale of investment-grade colored gemstones. You can purchase colored gemstones with a minimum value of €15,000 including VAT. We will select the individual colored gemstones, and in some cases, discuss this with you. Firstly, a gemological report on the quality of the investment-grade colored gemstones selected for you will be prepared by an external, internationally recognized testing laboratory (e.g., DSEF in Idar-Oberstein, Gübelin Gem Lab Ltd in Lucerne, SSEF in Basel). Secondly, an appraisal of the value of the investment-grade colored gemstones selected for you will be prepared by an external, court-certified expert from the Chamber of Industry and Commerce (IHK).

2.2. You have the option of storing the investment-grade colored gemstones you have acquired in a duty-free warehouse. Separate terms and conditions apply.

2.3. You also have the option of choosing an escrow agreement for the purchase price payment. Under this agreement, we receive a down payment of 35% of the purchase price deposited by you with the external escrow agent, and only after successful delivery of the investment-grade colored gemstones to you is a final payment of 65% due. Separate terms and conditions apply to this option.

2.4. You can arrange a free and non-binding telephone consultation appointment with us.

2.5. We will then send you a non-binding offer by email. You can subsequently submit a binding offer to us in written form (e.g., by email).

2.6. We are entitled to accept your offer within 5 working days of receiving it. Acceptance of the offer will be made by email.

2.7. The processing of the contract conclusion and the transmission of all related information is carried out partly automatically via email. You must therefore ensure that the email address you provide is correct, that the receipt of emails is technically guaranteed, and in particular, that emails are not blocked by spam filters.

3. Prices and payment terms
3.1. Unless otherwise stated for the individual payment methods, payment claims arising
from the concluded contract are due immediately.

3.2. The actual purchase price may deviate by up to 10% from the order volume, as it
is based on the prices determined in the appraisal. If the value determined by the appraiser (purchase price) is lower than the order volume, we will refund the overpayment to the buyer's account. If the value determined by the appraiser (purchase price) is higher than the order volume, the buyer will receive an invoice for the difference, which must be paid to DEH's account within one week. In the case of escrow processing, the buyer's payment must be made exclusively to the external escrow agent.

4. Retention of title
The goods remain our property until full payment is received. If you are more than 10 days late with your payment, we have the right to withdraw from the contract and reclaim the goods.

5. Right of withdrawal
The contract for the purchase of the investment-grade colored gemstones cannot be cancelled. The price of the colored gemstones is subject to fluctuations over which we have no control and which may occur within the cancellation period. According to the legal provision of Section 312g Paragraph 2 No. 8 of the German Civil Code (BGB), there is no right of withdrawal for such goods.

6. Warranty
6.1. The statutory warranty rights apply.

6.2. If you are an entrepreneur, the following applies in deviation from the statutory provisions.

6.2. If you are an entrepreneur, the following applies in deviation from the statutory warranty regulations:

a) In case of defects, we will, at our discretion, provide a warranty by repair or

Subsequent delivery. If the remedy of the defect fails, you may, at your option, demand a price reduction or withdraw from the contract. The remedy of the defect is deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect, or other circumstances, indicate otherwise. In the case of repair, we are not obligated to bear the increased costs incurred by transporting the goods to a location other than the place of performance, unless such transport is in accordance with the intended use of the goods.

b) The warranty period is one year from delivery of the goods. This reduction of the warranty period does not apply:

– damages attributable to us caused by negligence resulting in injury to life, body or health, and in the case of other damages caused intentionally or by gross negligence;

– insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

– in the case of statutory recourse claims that you may have against us in connection with warranty rights.

7. Limitation of Liability
7.1. We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfillment is essential for the proper performance of the contract, whose breach jeopardizes the achievement of the contractual purpose, and on whose compliance you, as the customer, may regularly rely. In the latter case, however, we are only liable for foreseeable damages typical of this type of contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

7.2. The foregoing exclusions of liability do not apply in cases of injury to life, body, or health. Liability under the Product Liability Act remains unaffected.

8. Choice of law, place of performance, place of jurisdiction
8.1. German law applies. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which they have their habitual residence (principle of most favorable law).

8.2. The place of performance for all services arising from our business relationship and the place of jurisdiction is our registered office, unless you are a consumer, but rather a merchant, a legal entity under public law, or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU, or if your domicile or habitual residence is unknown at the time the action is brought. This does not affect the right to bring an action before a court at another legally established place of jurisdiction.

8.3. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply.

II. Customer Information

1. Seller's identity
GERMAN GEMSTONE HOUSE DEH GmbH
Kogenwiese 5
88279 Amtzell

Email: info@deutsches-edelsteinhaus.com
Telephone: +49(0)7520-913929-0

Alternative dispute resolution:
The European Commission provides a platform for online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/odr.

2. Information on how the contract came about
The technical steps for concluding the contract, the contract conclusion itself and the correction options are governed by the provisions of "2. Subject matter of the contract/conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. The contract terms with details of the ordered goods, including these

The general terms and conditions will be sent to you by email upon acceptance of the contract offer or upon notification thereof; you can print or save them electronically. We do not store the contract terms ourselves.

4. Essential characteristics of the goods or services
Please refer to the product description in our offer for the essential characteristics of the goods.

5. Prices and payment terms

5.1. The prices we quote are final prices including taxes. Shipping costs and any other applicable charges will be shown separately in the offer.

5.2. You are responsible for any costs incurred in transferring the money (transfer or exchange rate fees charged by credit institutions) if the delivery is made to an EU member state but the payment is initiated outside the European Union.

5.3. The payment methods available to you are shown in the respective offer.

6. Delivery conditions
6.1. We will deliver the goods in accordance with the agreements made with you. Any applicable shipping costs are listed in the respective offer and will be shown separately on the invoice.

6.2. The delivery terms, the delivery date and any existing delivery restrictions can be found in the respective offer.

6.3. If you are a consumer, the law stipulates that the risk of accidental loss or damage to the goods during shipment passes to you only upon delivery, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not designated by the seller or another person responsible for carrying out the shipment.

6.4. If delivery is made to countries outside the European Union, additional costs may be incurred which are beyond our control, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you will have to bear.

7. Statutory warranty rights
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

DEUTSCHES EDELSTEINHAUS DEH GmbH
As of July 1, 2021

Gemstones are not a short-term investment. Their value develops over years, often decades. An investment horizon of five to ten years is recommended. This way, returns are not generated through fluctuations, but value through stability.

For beginners, aquamarines, tourmalines, spinels, peridots, and tanzanites are recommended – solid investments with consistent demand.
For larger volumes, the “Big Three” are suitable: ruby, sapphire, and emerald.
The Paraiba tourmaline is considered a rarity of the highest quality and a specialty of experienced investors.