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INFORMATION FOR CUSTOMERS AND CONTRACT TERMS APPLICABLE TO THE CZECH REPUBLIC
INFORMATION FOR CUSTOMERS AND CONTRACT TERMS APPLICABLE TO THE CZECH REPUBLIC
I. GENERAL
1.1. Applicability
These General Terms and Conditions and any policies or documents referenced herein apply to all orders placed on https://www.addagems.cz/, through mobile websites and applications owned or operated by Eden gems, or are operated on its behalf, unless otherwise stated on the relevant website (hereinafter referred to as the "Website").
Please read these General Terms and Conditions carefully before ordering products on the Website (as set out below). By ordering products, you agree and must comply with:
a. these General Terms and Conditions
b. our terms and conditions applicable to the use of the website; and
c. our Privacy Policy
and you confirm that you are authorized to enter into legally binding contracts and have reached the age of majority required in your country to enter into legally binding contracts. If we have reason to believe that you do not meet any of the requirements set out in this document, we reserve the right to cancel your order.
1.2. Contracting party
e-web page intended for the sale of goods via the Internet, and operated by:
Eden gems sro
Novovysočanská 2509 3F, Prague 9, 190 00, Czech Republic.
ID number 17982600
Legally represented: Ekatrina Chudinovskaya.
In case of an unpleasant event, when you complain about any products bought on the website, or when you want to make legal claims from the warranty, you can contact us at the above address, or contact our customer department via e-mail at: edengems.cz@gmail .com and shop@addagems.cz.
1.3. Addendum to the General Terms and Conditions
We reserve the right to make changes to these General Terms and Conditions at any time, and any changes will be effective from the date of publication of the new General Terms and Conditions on the website. You and all purchase contracts concluded with us will be subject to the current version of the General Terms and Conditions at the time of ordering products on the website.
- ACCEPTANCE OF ORDERS
2.1. Incentive
Please note that all products on the website are intended only as an incentive to purchase and do not constitute an offer or a unilateral purchase agreement on our part.
By completing our verification process and clicking the "BUY NOW" button, you are making a binding offer to enter into a purchase contract. However, all orders submitted by you will be subject to acceptance by us at our discretion.
We may not, at our discretion, accept your order for any reason without incurring liability in this connection and in accordance with applicable law.
Examples of when we may not accept your order include, for example:
a) unavailability of products displayed on the website;
b) incorrectly priced products on the website;
c) incorrectly described products on the website;
d) if we do not obtain authorization for your payment;
e) if we have reason to believe that you are in breach of these General Terms and Conditions;
f) if we have reason to believe that you are engaging in fraudulent or criminal activity of any nature;
g) if we have reason to believe that you are not a customer but a business buyer.
If we are unable to accept your order, we will notify you and will not charge you for the products.
2.2. Registration procedure
a) When you place an order, you can use "Visitor Verification" or you can register with us. The difference between the two options is that if you choose the "Register" option, you will have a file with your information available the next time you purchase a product, and you will not have to enter the information again. Both options require filling in certain mandatory fields (name, surname, address, e-mail address, telephone number) in the order form. When you choose to "Register," we may ask you to create and use a password to access your information the next time you purchase a product.
When we do so, it is strictly your responsibility to ensure the security and confidentiality of your password at all times. You must comply with all security regulations and/or recommendations from us, and you must notify us immediately if you become aware of or suspect any unauthorized use of your password, or if your password is obtained by any unauthorized party.
Without affecting our other rights and remedies, we may suspend your access to the Website, and we shall have no liability to you, if, in our reasonable opinion, such action is necessary to secure the Website.
You agree that the content you provide when registering on the website is not misleading and is true, accurate and complete in all respects, and you will notify our customer service at shop@addagems.cz of any changes to this content.
b) In case of prolonged inactivity, your connection to the website may fail and your selection of products may be lost. In this case, you will be asked to re-enter your selection. Please note that products in your shopping cart and on your list are not reserved and may be purchased by other customers or removed from your shopping cart.
2.3. Ordering procedure
A binding purchase contract is not created unless we accept your order as set out in clause 2.3. g) below.
You agree that by clicking on the "BUY NOW" button, your orders on the Website will constitute a binding offer to purchase the products listed in your shopping cart from us based on these General Terms and Conditions (hereinafter referred to as the "Product" or "Products").
Steps to receive your order:
a) After selecting a product and placing it in your shopping cart, you will be redirected to the payment and verification page (hereinafter referred to as "Verification"). After selecting the payment method and the delivery method, you can activate the "BUY NOW" button at the end of the verification procedure. By clicking the "BUY NOW" button, you are making a binding offer to conclude a purchase contract.
b) Before submitting your order, you will have the opportunity to review your selection, check the total price of your order and correct any input errors, and select a method of payment and delivery.
c) Availability of goods, prices and delivery options may vary depending on the place of delivery.
d) Variations in the manufacturing processes we use and the display capabilities of the computer hardware you use to view the website may affect the colors of the products displayed on the website and the appearance of the products delivered to you may vary slightly. We may also make minor changes to products in light of changes in applicable laws and legal requirements.
e) We do not accept any orders where the relevant delivery address is the address of a legal entity or an individual providing goods carrier services. In the event that we accept an order, and subsequently discover that the relevant delivery address in this order is the address of a legal entity or an individual providing goods carrier services, we will have the right to cancel this order by notifying you of this fact by e-mail or telephone.
f) After submitting a binding order, you will receive an order confirmation email with your billing and delivery address, order number, details of selected products, final price and shipping method. This email does not constitute acceptance of your offer/order, but is merely confirmation that we have received your order.
g) The acceptance of your offer/order and the conclusion of the purchase contract is indicated in:
a) e-mail confirmation that the ordered products have been dispatched; or
b) if you choose the option "Click and collect" - if this service is available - (as described in paragraph 3.4.), we will send you a confirmation by e-mail that the products have been dispatched to the Adda Prague store, and you can collect them within fourteen (14) business days from and including that day of email confirmation; or
c) if you choose the option "Click and reserve" - if this service is available - (as described in paragraph 3.2.), we will send you a confirmation by e-mail that the products have been reserved in the Adda Prague store, and you can come within two (2) working days and buy this product directly in the Adda Prague store; or
d) if you select the option "Buy online and collect in store" for the product - where this service is available (as described in paragraph 3.3.), we will send you confirmation by e-mail that you can collect the ordered products at the designated Adda store Prague.
When collecting products that you have purchased via "Click and collect" or "Buy online and collect in store", we may ask you to bring to the Adda Prague store an original photo proof of your identity together with your payment card with which you paid order (if applicable).
If you have changed your mind after purchasing the product(s), see paragraph 7 regarding your rights to return the product and refund the price.
Please note that the option to pick up products at an Adda store is only available in Adda Prague.
Please note that we cannot change or cancel your order once it has been shipped. If you wish to cancel your order, please contact our customer service by e-mail: shop@addagems.cz.
- AVAILABILITY
3.1. General availability
Products are available as long as they are in stock. The displayed stock level will be regularly updated, but does not guarantee that the verified product will be available when you come to the Adda Prague store (if it fits the option you selected.) We reserve the right to change the products offered for sale on our website at any time without notice. prior notice (however, these changes do not apply to products for which you have placed an order). We also reserve the right to limit the number of products we can sell to you.
In the unlikely event that the products you ordered are not available, we will notify you during the ordering process and you will receive a refund using the payment method you used to purchase the product(s).
We are not responsible for some products not being in stock or available.
3.2. Click and book
We may provide you with the possibility to check the availability of certain products and reserve them in Adda Praha stores via the website ("Click to Reserve"). If the product is available, it will be reserved for you for two (2) business days from the notice we sent you in accordance with paragraph 2.3., subparagraphs g), c). You can buy the product in the relevant Adda store in Prague. Prices in Adda Praha stores may differ from the prices listed on the website.
3.3. Buy online and collect in store
We may provide you with the option (if available in your country) to purchase a product online and pick it up on the same business day at an Adda store in Prague ("Buy online and pick up in store"). If you do not collect your order within seven (7) working days of us sending you a confirmation email in accordance with paragraph 2.3., sub-paragraphs g), d), we will treat it as unwanted, cancel it and paragraph 7.2 will apply.
3.4. Click and collect
We can provide you with the option of purchasing the product online and picking it up at a designated Adda store in Prague ("Click and Pick Up"). If you do not collect your order within fourteen (14) working days of us sending you a confirmation email in accordance with paragraph 2.3., sub-paragraphs g), b), we will treat it as unwanted, cancel it and paragraph 7.2 will apply.
- PRICES AND ADDITIONAL COSTS
4.1. Product prices
All product prices on the website are product prices only. They include VAT (and other sales taxes) payable but do not include delivery charges (if any).
The total price of your order, including all additional and delivery costs, will be displayed at the end of the verification process. By confirming the order, you indicate your agreement with the price of the products. The price cannot be changed after the verification process is completed.
Please note: if your credit/debit card or other payment method is not in the currency of your purchase, the final price will be charged in the currency of your card. This will be calculated and charged by your card issuer. Eden gems has no influence on these fees and cannot predict this amount. Please contact your issuing bank for further information before placing your order.
4.2. Incorrect valuation
Please note that if the correct price of the product is less than the price shown on the website, subject to our right to refuse the order in accordance with the General Terms and Conditions, we will charge that lower amount and ship the product to you.
If the correct price of the product is higher than the price shown on the website, we will, at our discretion, contact you for your instructions before accepting the order. If we accept and process your order where the valuation error is obvious and unmistakable and could reasonably have been recognized by you as an incorrect valuation, we may terminate the contract, refund the money you have paid and demand the return of the products we have provided to you.
4.3. Price changes
We may change the prices of products listed on the website at any time without prior notice, however these changes will not apply to the products for which you have submitted an order.
- PAYMENT TERMS
5.1. total price
The total price of your order will be the purchase price of the product(s) you have selected, including VAT and any additional costs (ie delivery costs etc.). More information on Shipping options and times, Scheduled delivery and Areas excluded from delivery.
The total price of the ordered products is due after the order has been sent through the website.
5.2. Payment methods
Payment can be made
a) By credit/debit card
If you pay by credit/debit card (by entering your payment details on the relevant payment service provider's website), we reserve the right to verify the validity of your name, address and other personal information provided by you during the ordering process against appropriate third party databases. By providing these payment details, you consent to these checks being carried out. We state that this is done only to confirm your identity; your credit is not checked and your credit rating will not be affected. All information provided by you will be treated as confidential and strictly in accordance with applicable data protection laws and our Privacy Policy.
You confirm that the credit/debit card being used is yours and that all information provided to us in this regard, such as name and address details, is complete, correct and accurate. You further confirm that the credit/debit card is valid and that the payment information entered is correct. If the credit card issuing institution refuses to authorize us to pay, we will not accept your order and will not be responsible for any delays or non-delivery and we have no obligation to tell you the reasons for the refusal.
We are not responsible for any fees or other amounts that may be charged by your card issuer or bank as a result of us processing your credit/debit card payment in accordance with your order.
If your credit/debit card is not in the currency of your purchase listed on the Website, the final price may be charged in the currency of your card or account. This final price is calculated and charged by your card issuer or bank and therefore we are not responsible for any costs, expenses, fees or other liability you may incur or suffer as a result of your card issuer charging you in a currency other than the currency of your purchase displayed on Web sites.
b) PayPal
If you pay with PayPal, the PayPal Privacy Policy available on the PayPal website also applies. These set out how PayPal collects, stores, processes, shares and transfers your personal information when you use the PayPal Services.
c) Other payment methods
5.3. Debt
In accordance with the payment method you have chosen, either:-
- a) We may pre-authorize funds (together with applicable delivery charges) immediately upon ordering to your credit card (if you select the "Scheduled Delivery" option) after you place your order, and we will charge you for the purchased products when they are dispatched for delivery to you .
- b) We may bill you immediately for the Products (together with applicable delivery costs);
- c) When you choose to "Click and Collect", we may charge you (together with the applicable delivery costs) when the Products have been dispatched for delivery to the relevant Adda store; or
- d) When you choose the "Buy Online and Collect in Store" option, we may charge you immediately,
unless we tell you that, in respect of certain products, payment must be made in advance at the time of ordering or shortly after ordering.
5.4. Payment Terms
For your security, the billing name and address must match the credit card or other payment method used. All Alipay, PayPal, etc. accounts used must be in the name shown on your legal identification document. We reserve the right to cancel any order that does not comply with these or other security criteria.
5.5. Agreements
Please note that when you pay online, you also give your express consent to the credit rating carried out by inquiring the relevant official authorized credit protection associations, credit institutions, credit agencies and contractual parties with whom Eden gems may contract.
You further expressly agree that our eCommerce fraud protection provider(s) will use an automated decision-making process. Automated decision making is the process of making decisions by automatic means without human involvement. These decisions can be based on factual data and further on the basis of digitally created profiles or derived data. Your personal data will be processed in accordance with our Privacy Policy.
5.6. Currency
We accept payment in the payment currency listed for the country of your chosen delivery destination. For more information, see Shipping options and times, Estimated delivery and Excluded areas from delivery.
If your credit/debit card or payment method is not in the currency of your purchase listed on the Website, the final price may be charged in the currency of your card or account. This final price is calculated and charged by your card issuer or bank or payment method provider and therefore we are not responsible for any costs, expenses, fees or other liability that you may incur or suffer as a result of being charged by your card issuer or payment method provider in currency other than the currency of your purchase displayed on the website.
- DELIVERY AND RESERVATION OF TITLE
6.1. Delivery
During the verification process, you can select your preferred shipping method from the shipping methods offered for your selected shipping address. We will endeavor to ship your order in accordance with the estimated delivery times set in Shipping Options and Times, Scheduled Delivery and Excluded Delivery Areas, or as otherwise indicated in the verification process when your order is shipped.
The ordered products will be delivered to the delivery address you provide to our contracted delivery service. Please make sure you have entered a valid and correct shipping address. We are not responsible for incorrect or incomplete shipping address.
Please note that shipping address changes are not allowed after your order has been shipped.
If there is a delay in our delivery of products due to an event for which we are not responsible, we will notify you as soon as possible and take all steps to minimize the effects of the delay. Provided we do so, we will not be liable for any delay due to this event. However, if there is a risk of substantial delay, you may contact us to terminate the contract and obtain a refund for the product(s) you paid for but did not receive.
If you have requested to pick up the products at our Adda Prague stores, you can pick them up from us at any time during the working hours of the Adda Prague stores. Please use the search page of our Adda Prague stores for location and opening hours.
Please note that we do not deliver to hotels or PO boxes.
The shipment must be checked for accuracy and completeness upon receipt.
We will endeavor to deliver products at the time stated if you have requested this, but generally we cannot commit to this.
6.2. Reservation of ownership
The products remain our property until the entire purchase price has been paid. If you choose Click and Collect or Buy Online and Collect in Store (if available), ownership of the Products will pass to you on the day and time you collect those Products from the designated Adda store after payment is received.
Upon acceptance of the product, all risk of damage or loss to the product passes to you. If you choose Click and Collect or Buy Online and Collect in Store (if available), all risk of damage and loss to the Products shall pass to you upon collection of the Products at the designated Adda Store.
Please note that to the extent permitted by law, any commercial resale or distribution of our products sold on the Website is strictly prohibited.
- RIGHT TO CANCELLATION
7.1. Cancellation Procedure
As a customer, you have the right to cancel the purchase contract you entered into with us within fourteen (14) days of receiving the products, without giving any reason.
Your right to cancel begins on the day the order is placed and ends fourteen (14) days after the day the order is received (hereinafter referred to as the "Return Period"). You must send the product(s) back within this return period.
Please note that it is not possible to return modified products or items of jewelery used in piercings for health and safety reasons. This does not affect your statutory rights.
Steps to cancel:
a) Please inform us:
Eden gems sro
Novovysočanská 2509/3f, Libeň, 190 00 Prague 9
email: shop@addagems.cz
In order to comply with the return period, it is sufficient for you to send information about the cancellation of the order (by e-mail or letter) before the expiry of this return period. You can use the sample cancellation form, however this is not mandatory.
b) Place the item(s) in the original shipping box. You should endeavor to send the products back in their original condition and in their original packaging and include the returns slip with the products in the packaging.
c) Complete the return form (included in the original package) and place it in the box.
d) Remove all labels from the outside of the box.
e) Attach the return label and commercial invoice (inserted in the original package) to the outside of the box and seal the package securely.
f) Deliver the package to the nearest post office and send by post. The label indicates that postage is prepaid; for this reason, returns are free. Keep a copy of the postal receipt for future reference.
g) If you have lost the return label, write us an e-mail at: shop@addagems.cz and we will send you a new label.
SAMPLE RETURN FORM
Copy and paste the form below, fill in the information and return this form either by registered letter to Eden gems s.r.o., Novovysočanská 2509/3f, Libeň, 190 00 Prague 9 or by e-mail to: shop@addagems.cz.
On:
Eden gems s.r.o.,
Novovysočanská 2509/3f, Libeň, 190 00 Prague 9
email: shop@addagems.cz
I, [Name] hereby announce that I am canceling my purchase contract for the following goods:
- [INSERT ITEM]
Ordered on [DATE] or received on [DATE]
Name of customer(s):
Address of the consumer(s):
Signature of consumer(s) (only if this form is submitted in paper form):
Date:
7.2. Effects of cancellation
(a) We will reimburse you for all payments received from you, including the cost of the cheapest type of standard delivery offered by us (ie if you choose to deliver the product at a higher cost, then we will reimburse you what you would have paid for the cheapest type of standard delivery offered).
(b) We will replace your means of payment in the same way as the original transaction. Please note that if you pay in full with a gift card, the amount paid can only be refunded as a gift card. If partial payment is made using a gift card, the amount paid using your chosen payment method will first be refunded using the same payment method. The remaining amount will then be refunded to your gift card.
(c) You will be refunded within fourteen (14) working days of the day we receive the product(s) back from you or, if earlier, the day we receive proof from you that you have sent the product(s) back to us .
(d) If you have paid any customs duties or taxes directly to the relevant authorities when importing the products you wish to return, we shall not be liable in relation to claiming a refund of such customs duties or taxes from the authorities.
(e) We may reduce your compensation price (excluding delivery costs) in respect of a reduction in the value of the product(s) if this has been caused by your handling it in a way that would not be permitted in an Adda store. If we refund the price paid to you before we can inspect the product(s) and we later discover that you have handled it in an unacceptable manner, you must reimburse us.
(f) Keep your delivery note with you until you receive your refund.
(g) If the goods you are returning were purchased in a currency other than your current currency, your refund will be in the same currency as the purchase. Due to currency exchange rate fluctuations, the amount replaced may be higher or lower than the original price paid.
(h) Vouchers and modified products are generally not exchangeable or returnable.
(i) It is currently not possible to return products purchased at Adda stores through the Website.
(j) Please note that if you choose to return only the part of the order that was purchased with a discount/special offer, the discount/special offer will be recalculated.
(k) If you choose to return only the part of the order that was purchased with a discount/special offer, the amount replaced will be subject to the minimum purchase amount in the offer, the value of the discount will be adjusted accordingly, and only the amount corresponding to the returned goods will be replaced. If the returned item is equal to the remaining total amount below the minimum purchase level of the offer, then the discounted amount will be deducted from the refund amount.
For example, a 10% discount (with a minimum purchase amount of EUR 100) will be canceled if the returned product(s) corresponds to a total order amount of less than EUR 100. In the case of sales promotion using flat prices, the lowest amount will always be replaced.
For items supplied in a single package ("normal set"), if you wish to return any items from such normal set, you must return all items included in such set. Eden gems cannot take back individual normal set items and will only accept returns of the full normal set.
For promotion sets where you take advantage of gifts or discounts thanks to the purchase of one or more items (for example, when you buy 3 items you get 10% off each of them or if there is a discount for individual products), you can return any purchased item separately. However, in the event that you decide to return any of the items purchased as part of the promotional set, Eden gems will adjust the promotional price and charge you the base price for the remaining items that you purchased as part of the set. Accordingly, Eden gems will deduct the difference between the base price of the remaining items you are not returning and their price after set discount.
- GUARANTEE
We warrant that the products are of merchantable quality and are free from defects in material or workmanship, provided that the product is used in a normal manner. No additional warranty is provided.
The warranty period is two years from receipt of the product(s).
This warranty does not cover damage to products resulting from accident, misuse and abuse, modification, attempted repair, negligence after purchase, normal wear and tear, or failure to follow recommended product care.
In the event of an unpleasant event where you discover that your product(s) is defective under warranty, please contact shop@addagems.cz or visit your nearest Adda store. You will be asked for proof of purchase (eg your receipt or gift voucher). So please keep them with you. You will have the option of receiving a replacement product, if available, or a full refund.
Regarding after-sales services, please contact: shop@addagems.cz.
- RESPONSIBILITY
Eden gems shall only be liable to you for damages caused by intent or gross negligence.
This limitation of liability does not exclude our liability for i) death or personal injury caused by negligence; ii) for fraud or fraudulent misrepresentation; or iii) for any other liability that cannot be limited or excluded by law.
Subject to the above, we shall not be liable under any circumstances, whether contractual or non-contractual (for example negligence or breach of statutory duty), or otherwise arising in connection with these General Terms and Conditions for:
- economic losses (for example, loss of income, revenue, data, current or expected profits, contracts, business, opportunities or expected savings); or
- loss of good name or reputation; or
- special, indirect or consequential losses or damages that you suffer or incur as a result of or in connection with these General Terms and Conditions.
Subject to the foregoing, the total liability under these General Terms and Conditions, whether in contract or tort (including negligence), breach of statutory duty or otherwise, shall in no event exceed 100% of the price of the products you have ordered from us.
- DATA PROTECTION
Your personal data will be processed in accordance with our Privacy Statement. If you would like more information about how we use cookies, the type of information we collect, how and for what purpose we use your information, and under what circumstances we provide information, please read our Privacy Policy. Our Privacy Policy (including information on the use of cookies) is incorporated into and forms part of these General Terms and Conditions.
In addition, if you use PayPal as a payment method, your personal information will be treated in accordance with the PayPal Privacy Policy
- OTHER IMPORTANT TERMS
11.1. We may assign this Agreement to another party
We may assign our rights and obligations under these General Terms and Conditions to another legal entity or third party with whom we have a legal relationship. We will always ensure that this assignment does not affect your rights under these General Terms and Conditions.
11.2. You need our consent to assign your rights to another party
You may assign your rights or obligations under these General Terms and Conditions to another party only with our written consent.
11.3. No other party has rights under these General Terms and Conditions
These General Terms and Conditions are between you and us. No other party shall have the right to enforce any of its terms.
11.4. If any provisions in these General Terms and Conditions are unlawful by law, the remaining provisions will remain in effect.
All paragraphs of these General Terms and Conditions are applied separately. If a court or competent authority decides that any provision thereof is unlawful, the remaining paragraphs shall remain in full force and effect.
11.5. Even if we do not apply these General Terms and Conditions immediately, we may still exercise our rights. If we do not immediately insist that you do something that you are required to do under these General Terms and Conditions, or if we are delayed in respect of your breach of these General Terms and Conditions, this will not mean that you are not required to do those things and we will not be prevented take action against you later.
11.6. Intellectual property rights
Adda gems, Eden gems s.r.o., or the respective owner - third party retains all right, title and interest (including copyright, design, trademarks, patents or other intellectual property rights) in all materials used on this website, such as text , names, product designs, logos, images, graphics, videos and other artwork ("Content"). Nothing contained on the Website shall be construed as granting any license or right to use the content displayed on the Website.
You are free to search for content on the Website, but you may only download, view or use such content from the Website for your own personal non-commercial use, provided that the Content and all copyright or other proprietary notices remain intact. In addition, we ask that you attach the following notice to these reproductions. © Adda. All rights reserved.
Except as permitted above, you may not modify, adapt, reproduce or change the Website or its content or incorporate the Website or its content into any other website, online platform or the like. All commercial use is prohibited without prior written permission from Eden gems.
11.7. What laws apply to these General Terms and Conditions and where you can bring legal proceedings
These General Terms and Conditions are governed by Czech laws. The UN Convention on Contracts for the International Sale of Goods will not apply. Prague is the exclusive venue for resolving all disputes that may arise from these General Terms and Conditions or in connection with them.
11.8. Online customer dispute resolution
A customer who is resident in Europe must be informed that the European Commission has established an online alternative dispute resolution platform that provides an out-of-court way to resolve a dispute related to or arising from online sales and service contracts. Consequently, if you are a European customer, you may use this platform to resolve a dispute arising from an online contract with the owner. This platform is available at the following link (http://ec.europa.eu/consumers/odr/).
11.9 Export Control and Penalties
Eden gems will check whether the Customer's personal data is not on the relevant lists of goods subject to export control or sanctions lists. This check will be performed after each update of any sanction list. The Customer hereby confirms that no natural or legal person who is listed on any of the relevant sanctions lists, such as the "Consolidated List of Persons, Groups and Entities, will benefit in any way from the current Order and its implementation, either directly or indirectly subject to EU financial sanctions" or US OFAC's "List of Specially Designated Nationals and Blocked Persons ("SDN")" ). This Order shall only become effective if Eden gems' review of the applicable export control lists or sanctions lists prior to shipment of the ordered goods does not reveal any matching entries. In the event of a breach of this clause or any breach of commercial law or regulations relating to export control or sanctions, in particular if any checks carried out by Eden gems reveal any matching records, this Order will not be processed and Eden gems will therefore have no obligation to deliver any goods nor provide any compensation for non-fulfilment of the order. Open orders will be canceled with immediate effect. Notwithstanding the foregoing, Eden gems shall be entitled to cancel any supply of goods if required by export control regulations or trade restrictions. Any compensation for non-fulfilment of the order is excluded in such a case.