Terms of service

TERMS OF SERVICE – neliarabi.diamonds (Neli Arabi GmbH)

OVERVIEW
Welcome to neliarabi.diamonds. The terms “we”, “us” and “our” refer to neliarabi.diamonds (Neli Arabi GmbH). We operate this store and website, including all related information, content, features, tools, products and services, to provide you with a curated shopping experience (the “Services”).
These Terms of Service (the “Terms”), together with any policies referenced herein, govern your use of the Services. By visiting, interacting with or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

SECTION 1 – ACCESS AND ACCOUNT
You represent that you are at least 18 years old and have full legal capacity under German law. If you allow minors to use the Services on devices you own or control, you remain responsible for their use.
You may be asked to provide information (e.g., email, billing, payment and shipping data). You warrant that such information is accurate, current and complete and that you have all rights necessary to provide it.
You are responsible for safeguarding your account credentials and for all activities under your account. You may not sell, assign or transfer your account.

SECTION 2 – OUR PRODUCTS
We strive to display products accurately; however, colors and appearance may vary due to device and settings. We do not warrant that any product’s appearance or quality will meet your expectations.
Product descriptions may change at any time without notice. We may discontinue products and may limit quantities or availability to any person, region or jurisdiction.
Nothing in this Section limits your statutory rights.

SECTION 3 – ORDERS
By placing an order you submit an offer to purchase. We may accept or reject any order at our discretion. Your order is accepted only when we expressly confirm acceptance (e.g., by shipping confirmation) or upon delivery. We must receive and process your payment before acceptance. If we do not accept, change or cancel an order, we will attempt to notify you using the contact details provided.
Returns or exchanges are governed by our Returns/Refunds Policy. Statutory consumer rights remain unaffected. For custom-made goods, the statutory right of withdrawal does not apply (§ 312g(2) No. 1 BGB / Art. 16(c) Consumer Rights Directive).

SECTION 3A – CONCLUSION OF CONTRACT / ORDER STEPS
(a) You place products in the cart and proceed to checkout.
(b) Before submitting your order, you will see an order overview and can identify and correct input errors using the editing functions provided.
(c) By clicking the button “Place binding order / zahlungspflichtig bestellen” (or an equivalently unambiguous label indicating an obligation to pay), you submit a legally binding offer.
(d) We confirm receipt of your order by email (order receipt). This is not acceptance.
(e) The contract is concluded when you receive our shipping confirmation or upon delivery of the goods.
(f) Contract language: German and English.
(g) Storage of contract text: We store the contract text and send you the order details by email. If you have an account, past orders can be viewed in your account.

SECTION 4 – PRICES AND BILLING
All prices are total prices in EUR and include statutory VAT where applicable. Shipping costs are displayed separately during checkout. For deliveries to non-EU countries, additional customs duties or taxes may apply and are borne by the customer.
Prices, discounts and promotions may change without notice; the price at checkout and in your order confirmation applies.
You agree to provide current, complete and accurate purchase, payment and account information and to promptly update it (e.g., email address, card numbers and expiry dates) so we can complete transactions and contact you as needed. You represent that you are authorized to use the payment method and will pay all charges including applicable taxes and shipping.

SECTION 5 – SHIPPING AND DELIVERY
Delivery times are estimates and not guaranteed. In consumer sales, the risk of accidental loss or deterioration passes only upon physical delivery to you or to a person you designate who is not the carrier. If you independently commission the carrier and we did not name that carrier beforehand, risk passes upon handover to that carrier. Statutory remedies in case of delay or non-performance remain unaffected.

SECTION 5A – RETENTION OF TITLE
Goods remain our property until full payment is received.

SECTION 6 – INTELLECTUAL PROPERTY
All trademarks, brands, text, displays, images, graphics, product reviews, video, audio and the design/selection/arrangement thereof on the Services are owned by us or our licensors and protected by German, EU and international IP laws. You may use the Services for personal, non-commercial purposes only. No license is granted except as expressly stated. Our names, logos, product and service names, designs and slogans are our trademarks; you must not use them without prior written permission. Shopify’s names and marks are the property of Shopify. All other marks belong to their owners.

SECTION 7 – OPTIONAL TOOLS
You may be given access to third-party tools that we neither monitor nor control. Access is provided “as is” and “as available” without warranties or endorsements. Your use is at your own risk and subject to the third party’s terms. Future new features or tools form part of the Services and are subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS
The Services may contain third-party materials and links. We are not responsible for examining or evaluating such content and assume no liability for third-party sites, products or services. Review third-party terms and policies before transacting. Complaints or questions should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our store is powered by Shopify. However, sales and purchases are made directly with Neli Arabi GmbH. Shopify is not responsible for sales between you and us and is released from claims arising from your transactions with us.

SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is subject to our Privacy Policy and, to the extent applicable, Shopify’s privacy terms. Because the Services are hosted by Shopify, information you submit may be processed by Shopify and its service providers (including outside your country). See our Privacy Policy for details.

SECTION 11 – FEEDBACK AND REVIEWS
If you submit ideas, suggestions, reviews or other content (“Feedback”), you grant us a license to use, reproduce, modify, publish, distribute and display such Feedback to the extent permitted by law and our Privacy Policy and without prejudice to your statutory rights (including rights of erasure). You warrant that you own or have the rights to the Feedback, disclose any incentives received, and that your Feedback complies with these Terms. We may moderate or remove unlawful or inappropriate Feedback. You must not mislead as to origin, infringe third-party rights or transmit malware. You are responsible for your Feedback.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Information on the Services may contain errors or omissions (e.g., in descriptions, pricing, shipping charges, transit times or availability). We may correct, update or cancel orders based on inaccurate information at any time without notice (including after submission).

SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You must not, directly or indirectly: (a) violate laws or third-party rights; (b) harass, defame, abuse or harm others; (c) transmit false or misleading information; (d) upload malicious code; (e) send spam or unsolicited promotions; (f) scrape or crawl; (g) interfere with security features; (h) impersonate another person; or (i) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services. We may suspend or terminate accounts violating these Terms.

SECTION 14 – TERMINATION
We may terminate these Terms or your access to the Services in our discretion at any time without notice; you remain liable for amounts due up to and including the date of termination. Sections that by their nature should survive termination do so (including Intellectual Property, Feedback, Termination, Warranty Disclaimer, Statutory Warranty, Limitation of Liability, Indemnification, Severability, Waiver/Entire Agreement, Assignment, Governing Law and Privacy).

SECTION 15 – DISCLAIMER OF WARRANTIES
Except where mandatory law provides otherwise, the Services are provided “as available”. This disclaimer does not affect your statutory rights.

SECTION 15A – STATUTORY WARRANTY (LEGAL GUARANTEE)
For consumers, the statutory warranty rights (legal guarantee for conformity of goods) apply and are not limited by these Terms.

SECTION 16 – LIMITATION OF LIABILITY
We are liable without limitation for intent and gross negligence; for injury to life, body or health; for claims under the German Product Liability Act; for fraudulent concealment of a defect; and where we have assumed a guarantee. For slightly negligent breaches of essential contractual duties (cardinal duties), our liability is limited to foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Neli Arabi GmbH, Shopify, and our affiliates, officers, directors, employees, agents, contractors, licensors and service providers from third-party claims and reasonable attorneys’ fees arising out of your breach of these Terms, violation of law or third-party rights, or misuse of the Services. We will notify you of any claim (a delay in notification does not release your obligations unless materially prejudicial). We may control the defense at your expense; we will not settle any claim imposing non-monetary obligations on you without your consent (not to be unreasonably withheld). You will reasonably cooperate.

SECTION 18 – SEVERABILITY
If any provision is unlawful, void or unenforceable, it shall be enforced to the maximum extent permitted and deemed severed to that extent. The remainder remains valid.

SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any right is not a waiver. These Terms, together with policies posted on the site, constitute the entire agreement between you and us regarding the Services and supersede prior agreements.

SECTION 20 – ASSIGNMENT
You may not assign, transfer or delegate these Terms or your rights or obligations without our prior written consent; any attempt is void. We may assign, transfer or delegate without consent.

SECTION 21 – GOVERNING LAW AND JURISDICTION
These Terms are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer habitually resident in the EU/EEA, you also enjoy the protection of the mandatory consumer protection rules of your country. For business customers, the exclusive place of jurisdiction is Berlin, Germany. Consumers may bring actions in the courts of their domicile; we may bring actions only where the consumer is domiciled.

SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO THESE TERMS
You can review the most current version of the Terms at any time on this page. We may update or replace parts of these Terms by posting changes on the website. We will notify you of material changes in accordance with applicable law. Your continued use of the Services after changes become effective constitutes acceptance.

SECTION 23A – CONSUMER DISPUTE RESOLUTION (VSBG)
We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. If a dispute about a consumer contract cannot be settled, we will provide the competent board’s details as required by § 37 VSBG.

SECTION 24 – CONTACT INFORMATION
Neli Arabi GmbH
Teltower Damm 57, 14167 Berlin, GERMANY
Phone / Fax: +49 30 847 88 122
Commercial Register: HRB 132100 B (Amtsgericht Berlin-Charlottenburg)
VAT-ID: DE275803624
Email: contact@neliarabi.de

Effective date: 15 August 2025