GENERAL TERMS AND CONDITIONS

Version: 01.01.2026

These General Terms and Conditions apply to purchases made through the online shop at www.bennad.de and, where expressly incorporated, to orders placed by email, telephone or other means of distance communication.

They contain:
•    general provisions applicable to all Customers;
•    special provisions for Consumers; and
•    special provisions for Business Customers.

Mandatory statutory rights remain unaffected.

PART I: GENERAL PROVISIONS

Seller
The seller and contracting party is:
Bennad Verlag Ltd.
Registered office: Ruffinistrasse 16, 80637 Munich, Germany
Company registration number: HRB 268205
VAT identification number: DE349500807
Represented by: Nadine Baume
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Telephone: +49-89-12738777
hereinafter referred to as “Bennad”, “we”, “us” or the “Seller”.
 
2. Consumers and Business Customers
2.1 A Consumer is a natural person entering into a transaction primarily for purposes outside that person’s trade, business, craft or profession.
2.2 A Business Customer is a natural person, legal entity or organisation entering into a transaction for purposes relating to its commercial or professional activity.
2.3 Customers ordering under B2B conditions must provide accurate business information. We may request reasonable evidence of business status.
2.4 The Customer’s legal status is determined by the actual purpose of the transaction and not solely by the selection made during checkout.
 
3. Products and natural gemstone characteristics
3.1 Bennad offers natural coloured gemstones, including rough, preformed, cut and polished gemstones.
3.2 Synthetic, laboratory-grown, reconstructed or imitation products will be expressly identified as such where offered.
3.3 Natural gemstones are individual products of nature. They may contain inclusions, colour zoning, fissures, growth structures, surface characteristics and variations in transparency, colour, dimensions, cut or polish.
3.4 Such natural characteristics do not constitute defects where they were disclosed, visible, customary for the relevant gemstone or do not materially impair an expressly agreed characteristic.
3.5 Each individually listed gemstone is unique. An identical replacement will therefore normally not be available.
 
4. Weight, measurements and product presentation
4.1 Gemstone weight is stated in carats. Measurements and weights may be rounded within customary gemmological tolerances.
4.2 Photographs and videos may show gemstones enlarged.
4.3 The appearance of a gemstone may vary depending on lighting, viewing angle, camera settings, screen calibration, pleochroism, fluorescence or colour-change properties.
4.4 Minor visual differences between the online presentation and the gemstone viewed in person do not constitute a defect.
4.5 This does not apply where the gemstone has been materially misrepresented.
4.6 Items shown for presentation or scale are not included unless expressly stated.
 
5. Treatments and geographic origin
5.1 Known treatments relevant to the description, durability or commercial value of a gemstone will be disclosed in the product description, gemstone passport or accompanying laboratory report.
5.2 Information concerning treatment status may be based on:
•    an independent laboratory report;
•    our professional assessment; or
•    information supplied by our source.
5.3 The basis of the treatment statement will be indicated where relevant.
5.4 Information concerning geographic origin may be based on laboratory findings, documented sourcing information, direct sourcing, supplier information or professional assessment.
5.5 Unless expressly guaranteed or confirmed in an accompanying laboratory report, geographic origin is stated according to the available information and does not constitute an absolute scientific guarantee.
5.6 Differences in professional opinion concerning non-guaranteed origin, colour terminology, commercial grading or treatment degree do not by themselves establish a defect.
5.7 This does not apply where the gemstone materially differs from an expressly agreed characteristic, including its identity, natural or synthetic status, expressly guaranteed treatment status or expressly guaranteed origin.
 
6. Gemstone passports and laboratory reports
6.1 Where stated in the product description, the gemstone will be supplied with a Bennad gemstone passport.
6.2 A Bennad gemstone passport is issued by us and is not an independent laboratory report unless expressly stated otherwise.
6.3 An independent laboratory report is included only where expressly stated in the product description.
6.4 Laboratory reports reflect the findings and terminology of the issuing laboratory at the time of examination.
6.5 Different laboratories may reach different professional conclusions.
6.6 Optional laboratory examinations may be arranged separately. Unless otherwise agreed, the Customer bears the associated costs.
 
7. No investment or resale guarantee
7.1 Gemstones may fluctuate in value and may be difficult to resell.
7.2 Statements concerning rarity, collectability, market development, future demand or possible appreciation are general observations only.
7.3 They do not constitute financial, investment or tax advice or a guarantee of value, liquidity, profit or resale price.
7.4 Unless expressly stated otherwise, the purchase price is a retail price and is not a representation of the price achievable upon resale.
 
8. Prices and additional charges
8.1 The price shown at the time the order is placed applies.
8.2 The checkout process will indicate whether applicable value added tax or sales tax is included.
8.3 Shipping costs and foreseeable additional charges will be shown before the order is submitted where they can reasonably be calculated in advance.
8.4 Unless expressly stated otherwise, prices do not include customs duties, import taxes, customs-clearance fees, bank charges or currency-conversion fees.
8.5 Currency conversions shown on the website may be indicative only.
 
9. Ordering and conclusion of contract
9.1 Product listings do not constitute legally binding offers. They invite the Customer to submit an order.
9.2 By submitting the order, the Customer makes a binding offer to purchase the selected goods.
9.3 An automatically generated acknowledgement of receipt does not constitute acceptance unless expressly stated otherwise.
9.4 We may accept the order within five calendar days by:
•    sending an express order confirmation;
•    sending a dispatch confirmation;
•    dispatching the goods; or
•    otherwise clearly declaring acceptance.
9.5 Where the selected payment method or checkout process legally results in an earlier conclusion of contract, the contract is concluded at that earlier time.
9.6 We may reject an order where legally permissible, particularly if:
•    the gemstone is no longer available;
•    payment is not authorised or received;
•    delivery is not possible;
•    legal or compliance restrictions apply;
•    there is a reasonable suspicion of fraud; or
•    an obvious pricing or product-description error has occurred.
9.7 Payments received for orders that are not accepted will be refunded without undue delay.
 
10. Obvious errors
10.1 We reserve all statutory rights in the event of an obvious pricing, calculation, technical, transmission, inventory or product-description error.
10.2 Where no contract has been concluded, we may reject the order.
10.3 Where a contract has already been concluded, we may exercise the remedies available under applicable law.
10.4 Any payment received for goods that will not be supplied will be refunded without undue delay.
 
11. Payment
11.1 The available payment methods are shown during checkout.
11.2 Payment is due in accordance with the selected payment method and the information displayed during checkout.
11.3 In the case of advance bank transfer, the full invoiced amount must be received within the stated payment period.
11.4 We may cancel an unpaid order after expiry of the payment period and release the gemstone for sale again.
11.5 Dispatch may be withheld until full and cleared payment has been received.
11.6 Payments may be subject to identity, address, fraud-prevention, sanctions or payment-provider checks.
11.7 We may request additional information where the payer, purchaser and recipient are different persons.
 
12. Chargebacks
12.1 An unjustified chargeback or payment reversal does not release the Customer from the payment obligation.
12.2 We may provide payment providers, banks, insurers or authorities with relevant order, payment, communication, product and delivery records.
12.3 To the extent permitted by law, we may recover reasonable costs and damages resulting from an abusive or fraudulent chargeback.
12.4 This does not restrict the Customer’s rights in relation to an unauthorised or otherwise legally defective payment.
 
13. Retention of title
The goods remain our property until the purchase price and all amounts due in connection with the relevant order have been paid in full.
 
14. Shipping and delivery
14.1 We deliver to the destinations available during checkout and served by our appointed carriers.
14.2 Delivery to post office boxes, parcel lockers or unattended collection points may be excluded.
14.3 Shipments will normally be sent using a tracked service and, where available and appropriate, transport insurance.
14.4 Delivery may require personal acceptance, signature or identification.
14.5 Delivery times are estimates unless expressly agreed as binding.
14.6 Delivery periods begin only after receipt of payment, all necessary Customer information and completion of any required verification or laboratory examination.
14.7 We are not responsible for delays caused by customs, authorities, transport disruption, sanctions, weather or other circumstances outside our reasonable control.
14.8 The Customer must provide a complete and accurate delivery address and ensure that the shipment can be accepted.
 
15. Customs and international deliveries
15.1 International orders may be subject to customs duties, import taxes, customs-clearance fees and other local charges.
15.2 Unless expressly stated otherwise, such charges are payable by the recipient.
15.3 The Customer is responsible for determining whether the products may lawfully be imported and for obtaining any required permits or registrations.
15.4 We provide customary export documentation but do not guarantee how foreign customs authorities will classify, inspect, value or process a shipment.
15.5 If a shipment is returned because the Customer refused delivery, failed to pay import charges or failed to complete import formalities, we may deduct the actual and reasonable resulting costs from any amount repayable, to the extent permitted by law.
15.6 Mandatory Consumer rights remain unaffected.
 
16. Compliance and transaction checks
16.1 Orders are subject to applicable sanctions, export-control, anti-money-laundering, fraud-prevention and trade-compliance requirements.
16.2 We may request identity, beneficial ownership, payment, source-of-funds or recipient information where reasonably necessary.
16.3 We may suspend, reject or cancel a transaction where performance may be unlawful, required information is not supplied or a payment provider, carrier or insurer refuses the transaction.
16.4 We are not required to perform any act that would violate applicable law.
 
17. Delivery inspection and transport damage
17.1 The Customer should inspect the shipment upon delivery.
17.2 Visible damage, opened packaging or signs of tampering should be reported to the carrier and to us without undue delay.
17.3 The Customer should retain the packaging and, where possible, photograph the unopened shipment, shipping label, damage and contents.
17.4 Failure by a Consumer to make an immediate report does not remove mandatory statutory rights.
 
18. Returns
18.1 Before returning a gemstone, the Customer should contact us for return instructions.
18.2 A Consumer’s statutory right of withdrawal does not depend on prior return authorisation.
18.3 Returned goods must be packed securely and protected against damage, loss and unauthorised access.
18.4 All supplied gemstone passports, laboratory reports, cases, labels and accessories should be returned with the gemstone.
18.5 Missing or damaged accompanying items may be considered when determining any legally recoverable loss in value.
18.6 International returns must contain accurate customs documentation.
18.7 Due to the value and nature of gemstones, secure, tracked and adequately insured return shipping is strongly recommended.
 
19. Condition and verification of returned gemstones
19.1 A gemstone intended for return must not be recut, repolished, drilled, engraved, treated, mounted, unset, repaired, damaged or otherwise altered.
19.2 We may document gemstones before dispatch by weight, measurements, photographs, video, inventory number, microscopic characteristics or other non-invasive identification features.
19.3 Returned gemstones may be compared with these records.
19.4 Where there are substantiated grounds to suspect substitution, manipulation, alteration or damage, we may suspend the refund for the reasonable period required for expert examination.
19.5 This does not unlawfully restrict mandatory Consumer rights.
 
20. Gemstone care
20.1 Gemstones may be damaged by impact, pressure, heat, chemicals, inappropriate cleaning, ultrasonic or steam treatment, cutting, drilling or unsuitable jewellery work.
20.2 The Customer must observe any specific care instructions supplied with the gemstone.
20.3 Damage caused after delivery by improper handling, unsuitable cleaning, modification or external influence does not constitute a defect.
 
21. Customised work
21.1 Cutting, recutting, polishing, drilling, engraving, laser inscription, mounting or bespoke jewellery work requires a separate agreement.
21.2 Gemstone processing involves inherent risks, particularly where inclusions, fissures, cleavage or internal tension are present.
21.3 Estimated final weight, dimensions, appearance or yield are non-binding unless expressly guaranteed.
21.4 Customised work may be excluded from the Consumer right of withdrawal where permitted by law.
 
22. Intellectual property
22.1 All photographs, videos, texts, product descriptions, gemstone passports, graphics, designs, logos and other website content are protected by intellectual-property law.
22.2 Such content may not be reproduced, altered, distributed, published or commercially used without prior written permission.
22.3 Purchase of a gemstone does not transfer intellectual-property rights in our content.
 
23. Data protection
Personal data is processed in accordance with applicable data-protection law and our Privacy Policy.
 
24. Force majeure
24.1 We are not liable for delay or non-performance caused by circumstances beyond our reasonable control.
24.2 If performance becomes permanently impossible, payments received for goods that cannot be supplied will be refunded.
24.3 Mandatory Consumer rights remain unaffected.

PART II: SPECIAL PROVISIONS FOR CONSUMERS

25. Mandatory Consumer rights
25.1 Consumers retain all mandatory statutory rights.
25.2 Nothing in these Terms excludes or limits mandatory rights relating to withdrawal, conformity, warranty, damages or product liability.
25.3 Natural gemstone characteristics do not exclude liability where the gemstone materially differs from the contractual description.
 
26. Consumer right of withdrawal
26.1 Consumers purchasing by distance communication may have a statutory right to withdraw from the contract without giving a reason.
26.2 For Consumers in the European Union or European Economic Area, the withdrawal period is generally fourteen days from receipt of the goods.
26.3 The Consumer must communicate the decision to withdraw by a clear statement before expiry of the withdrawal period.
26.4 Withdrawal may be communicated by email, post, another legally permitted method or the electronic withdrawal function provided on our website where required by law.
26.5 Detailed information is contained in our separate Cancellation and Withdrawal Policy and Model Withdrawal Form.
26.6 The separate Cancellation and Withdrawal Policy applies to the formal exercise and consequences of withdrawal.
 
27. Consequences of withdrawal
27.1 Following a valid withdrawal, payments will be reimbursed in accordance with applicable law.
27.2 Where required by law, reimbursement includes the cost of the least expensive standard delivery method offered by us.
27.3 Additional delivery costs resulting from the Consumer’s choice of a more expensive delivery method are not reimbursed where permitted by law.
27.4 We may withhold reimbursement until we have received the goods or the Consumer provides evidence of dispatch, whichever occurs first.
27.5 Unless otherwise agreed, the Consumer bears the direct return costs where permitted by law.
27.6 The Consumer is liable only for diminished value resulting from handling beyond what was necessary to inspect the goods, where the legal requirements are satisfied.
 
28. Exclusion of withdrawal for customised goods
The right of withdrawal may be excluded where permitted by law, particularly for gemstones or jewellery that have been individually cut, recut, drilled, engraved, mounted, personalised or otherwise irreversibly altered according to the Consumer’s instructions.
A gemstone selected from existing stock does not become a customised product merely because it is unique or valuable.
 
29. Conformity and statutory remedies
29.1 Goods supplied to Consumers must conform to the contract and mandatory law.
29.2 In particular, the gemstone must correspond to its agreed identity, natural or synthetic status, treatment disclosure, expressly guaranteed origin, weight within customary tolerances and material product description.
29.3 Where the goods do not conform, the Consumer has the statutory remedies available under applicable law.
29.4 Due to the unique nature of gemstones, an identical replacement may be impossible.
 
30. Transfer of risk to Consumers
The risk of accidental loss or damage passes to the Consumer when the Consumer or a third party designated by the Consumer, other than the carrier, physically receives the goods, except where mandatory law provides otherwise.
 
31. Liability to Consumers
31.1 We are liable without limitation for:
•    death or personal injury caused by negligence;
•    fraud;
•    wilful misconduct;
•    mandatory product liability;
•    breach of mandatory Consumer rights; and
•    any other liability that cannot legally be limited.
31.2 Subject to mandatory law, we are liable for foreseeable loss caused by our breach of contract.
31.3 We are not responsible for loss caused solely by incorrect Customer information, improper handling, unauthorised alteration, unlawful importation, exchange-rate changes or independent bank or payment-provider charges.

PART III: SPECIAL PROVISIONS FOR BUSINESS CUSTOMERS — B2B

32. Application of B2B provisions
32.1 These provisions apply only where the Customer acts for commercial or professional purposes.
32.2 Terms and conditions supplied by the Business Customer do not apply unless expressly accepted by us in writing.
32.3 A person placing an order on behalf of a Business Customer confirms that they are authorised to do so.
 
33. No Consumer withdrawal right
33.1 Business Customers do not have the statutory Consumer right of withdrawal.
33.2 Returns require our prior written authorisation unless the goods are defective or materially misdescribed.
33.3 Voluntary B2B returns may be subject to inspection, laboratory, shipping, insurance, customs, handling or restocking costs.
33.4 Customised or altered gemstones cannot be returned unless expressly agreed or legally required.
 
34. Examination and notification obligations
34.1 Business Customers must inspect the goods without undue delay after delivery.
34.2 Apparent defects, shortages, incorrect deliveries or transport damage must be reported without undue delay, generally no later than five business days after delivery.
34.3 Hidden defects must be reported without undue delay after discovery.
34.4 The notification must contain sufficient information and supporting evidence to assess the alleged defect.
34.5 Section 377 of the German Commercial Code or any equivalent mandatory commercial inspection rule remains unaffected where applicable.
34.6 Failure to inspect and notify may result in the goods being treated as accepted to the extent permitted by law.
 
35. Transfer of risk to Business Customers
35.1 The risk of accidental loss or damage passes to the Business Customer when the goods are handed over to the carrier, freight forwarder, courier or other transport provider.
35.2 This applies even where we arrange or pay for transportation.
35.3 Additional transport insurance may be arranged at the Business Customer’s request and expense where available.
35.4 The Business Customer must comply with carrier and insurance notification requirements and reasonably cooperate with any claim.
 
36. Commercial assessment and suitability
36.1 Commercial descriptions of colour, clarity, cut quality, brilliance, rarity or market value may involve professional judgement.
36.2 Unless expressly guaranteed, such assessments are not objectively measurable warranties.
36.3 The Business Customer is responsible for determining whether the gemstone is suitable for resale, jewellery manufacture, recutting, investment or another commercial purpose.
36.4 We do not guarantee resale price, profit margin, market liquidity or appreciation.
36.5 The Business Customer is responsible for statements made to its own customers.
 
37. B2B defect remedies
37.1 We warrant that the goods materially correspond to the agreed description at the time risk passes.
37.2 Natural characteristics disclosed or reasonably recognisable do not constitute defects.
37.3 Where a valid defect exists, we may, where legally permissible:
•    remedy the defect;
•    provide a reasonably comparable substitute;
•    reduce the price; or
•    refund the purchase price upon return.
37.4 Due to the unique nature of gemstones, an identical replacement may be impossible.
37.5 Claims may be excluded where the gemstone has been altered, damaged, mounted, unset, treated, recut or otherwise changed after delivery, unless the alteration is unrelated to the alleged defect.
 
38. Limitation period for B2B defect claims
38.1 To the extent permitted by law, the limitation period for contractual defect claims is twelve months from delivery.
38.2 This limitation does not apply to claims based on fraud, wilful misconduct, injury to life, body or health, an expressly assumed guarantee, mandatory product liability, statutory recourse claims or any other claim for which the period may not lawfully be shortened.
 
39. B2B liability
39.1 We are liable without limitation for:
•    wilful misconduct;
•    fraud;
•    injury to life, body or health;
•    mandatory product liability;
•    breach of an expressly assumed guarantee; and
•    any other liability that cannot legally be limited.
39.2 Liability for gross negligence is governed by applicable law.
39.3 In cases of ordinary negligence, we are liable only for breach of a material contractual obligation.
39.4 In such cases, liability is limited to foreseeable loss typical for the contract.
39.5 Subject to the foregoing, liability for loss of profit, revenue, production, contracts, business opportunity, goodwill or other indirect or consequential commercial loss is excluded.
39.6 We are not liable for losses arising solely from market-price fluctuations, resale below an expected price, subjective grading differences, unsuitable cleaning, improper handling, cutting risks, import restrictions or customs delays.
 
40. B2B indemnification
The Business Customer shall indemnify us against justified third-party claims resulting from its wilful or negligent breach of law, misleading resale representations, unauthorised use of our intellectual property, breach of import or export rules or alteration of a gemstone after delivery.
This does not apply to the extent that the claim was caused by information, instructions, defects or conduct attributable to us.

PART IV: FINAL PROVISIONS

41. Applicable law for Consumers
41.1 Consumer contracts are governed by the law of the Federal Republic of Germany.
41.2 Where the Customer is a Consumer and we direct our commercial activities to the country of the Consumer’s habitual residence, this choice of law does not deprive the Consumer of the protection afforded by mandatory provisions of that country.
41.3 The United Nations Convention on Contracts for the International Sale of Goods does not apply to Consumer contracts.
 
42. Jurisdiction for Consumers
Consumers may bring proceedings before any court having jurisdiction under applicable mandatory law.
Any statutory right of a Consumer to bring proceedings in the courts of the Consumer’s habitual residence remains unaffected.
 
43. Applicable law for Business Customers
43.1 Contracts with Business Customers are governed by the law of the Federal Republic of Germany.
43.2 The United Nations Convention on Contracts for the International Sale of Goods is excluded.
 
44. Jurisdiction for Business Customers
44.1 To the extent legally permissible, the exclusive place of jurisdiction for disputes with Business Customers is Munich, Germany.
44.2 We may also bring proceedings against the Business Customer at its registered office or before any other court having lawful jurisdiction.
 
45. Language versions
45.1 These Terms are available in German and English.
45.2 The version presented to and accepted by the Customer during checkout applies.
45.3 In the event of a translation discrepancy, the version accepted by the Customer during checkout is decisive, subject to mandatory law.
 
46. Priority of provisions
46.1 Individual agreements take precedence over these Terms.
46.2 Product-specific information takes precedence where it expressly addresses the relevant characteristic.
46.3 Special B2C or B2B provisions take precedence over the General Provisions.
46.4 Mandatory law takes precedence over conflicting contractual provisions.
 
47. Severability
47.1 If any provision is invalid or unenforceable, the remaining provisions remain in effect.
47.2 In Consumer contracts, the applicable statutory provision replaces the invalid provision.
47.3 In B2B contracts, the parties shall, where legally permissible, replace the invalid provision with a valid provision that most closely reflects its commercial purpose.
 
48. Amendments
The version of these Terms in force when the order is placed applies to that order. Amendments apply only to future transactions unless otherwise agreed or required by law.
 
49. Related legal documents
These Terms should be read together with our:
•    Legal Notice or Imprint;
•    Privacy Policy;
•    Shipping and Delivery Information;
•    Payment Information;
•    Cancellation and Withdrawal Policy;
•    Model Withdrawal Form; and
•    product-specific information.