Terms & Conditions

General Terms and Conditions (GTC)

for the Manufacture and Delivery of BIENNE Diamonds (Version: Decembre 2024)

Scope 

These General Terms and Conditions exclusively govern all business relationships between Ziemer Chodelka Diamond Technologies AG (hereinafter referred to as "ZCDT") and its customers (hereinafter referred to as "the Customer") in their respective version at the time of the conclusion of the contract. Any terms and conditions of the Customer are not applicable. The GTC become part of the contract upon the written order confirmation by ZCDT (see Section 2), and the Customer acknowledges them as binding.

Conclusion of Contract 

The Customer places the order for the manufacture of a BIENNE Diamond (hereinafter referred to as "Order") with ZCDT either orally or in writing. The contract is concluded when the Order placed by the Customer is confirmed in writing by ZCDT (hereinafter referred to as "Order Confirmation") and the down payment as per Section 4 has been received by ZCDT.

Prices 

The prices stated in the Order Confirmation include the statutory value-added tax (VAT).

Payment Terms 

After placing the Order and receiving the Order Confirmation, the Customer must make a down payment of 50% of the total price unless otherwise specified in the Order Confirmation. The remaining payment is due after completion and before delivery or handover of the diamond. The manufacturing process of the diamond begins upon receipt of the down payment and the carbon source.

Delivery Time 

The stated delivery time is approximate and non-binding. A potentially longer delivery time—up to twice the stated period—is considered within the normal range.

Product Specifications 

ZCDT BIENNE Diamonds are custom-made and individually manufactured for each Customer order. Variations in color, shape, size, weight, or clarity are not defects and do not entitle the Customer to complaints, price reductions, or cancellation of the Order. The basis for billing and business is always the achieved weight of the diamond in carats.

Material Return 

Unless otherwise agreed at the time of the Order, all supplied materials will be used for carbon extraction, and all extracted carbon will be converted into graphite. Only the amount technically required for the production of the diamond will be used. Any remaining materials will be stored at ZCDT and may be used for subsequent Orders (e.g., in case of loss or for additional diamonds).

Further Processing 

The risk for further processing of the delivered diamonds (e.g., setting them in jewelry) lies with the Customer unless such processing is commissioned through ZCDT. ZCDT is not liable for damages after handover due to further processing. All diamonds—whether lab-grown or mined—can be damaged under specific stresses or by impact with other materials.

Withdrawal 

Withdrawal from the Order is excluded. Down payments made cannot be refunded as the carbon extraction process begins immediately.

Liability 

Claims for damages of any kind are excluded unless mandatory law provides otherwise.

Data Protection 

All Customer data is stored in strict compliance with applicable Swiss data protection laws. All personal data is treated confidentially and will not be shared with third parties.

Miscellaneous 

The invalidity of individual provisions of these GTC does not affect the validity of the remaining contract and these GTC. With the publication of an updated version of the GTC, previous versions lose their validity.

Applicable Law and Jurisdiction 

The provisions of Swiss law apply. The place of jurisdiction for all claims arising from or in connection with contractual agreements with ZCDT is Biel/BE.

Address 

Ziemer Chodelka Diamond Technologies AG 

Allmendstrasse 11 

CH-2562 Port