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Diamond Hub B2B

Terms of Cooperation, Sale and Electronic Services

Version 2.2 dated 15 September 2026. Effective when published on the Website. For Partners registered before that date, changes concerning the B2B Account take effect 14 days after notice unless the Partner accepts the new version earlier; the version accepted for an Order applies to that Order (§ 19).

B2B only. The catalogue, prices and ordering functions are intended for verified businesses purchasing products or services within the professional scope of their activities. Diamond Hub does not sell to consumers. Every Product, including one displayed in the catalogue, is manufactured or sourced against an individual Order. Diamond Hub does not hold stock, and Products are not returnable.
WIĄŻĄCA JEST WYŁĄCZNIE POLSKA WERSJA REGULAMINU. Tłumaczenia, w tym tłumaczenia automatyczne wyświetlane w Serwisie lub w przeglądarce, mają charakter wyłącznie informacyjny (§ 21 ust. 8).
THE POLISH VERSION OF THESE TERMS IS THE ONLY BINDING VERSION. Any translation, including automatic translation displayed on the Website or in a browser, is for information only (§ 21(8)).

§ 1. Service Provider, contact details and definitions

  1. The service provider, seller and party to contracts concluded under these Terms is DIAMOND HUB spółka z ograniczoną odpowiedzialnością, with its registered office in Kraków at ul. Zamknięta 10/1.5, 30-554 Kraków, entered in the register of entrepreneurs of the National Court Register kept by the District Court for Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under KRS number 0001249560, NIP 6793369446, REGON 545084383, with share capital of PLN 5,000.00, hereinafter “Diamond Hub”.
  2. Diamond Hub’s contact details are:
    1. Website address: https://diamondhub.pl;
    2. email address for contact, complaints and matters concerning the Website: [email protected];
    3. correspondence address: ul. Zamknięta 10/1.5, 30-554 Kraków.
  3. The terms used in these Terms have the following meanings:
    1. Website — Diamond Hub’s website available at diamondhub.pl, together with the B2B features made available on it;
    2. Partner — a verified business operator using the Website or concluding a contract with Diamond Hub within the professional scope of its business activity;
    3. User — a natural person authorised by the Partner to act on its behalf;
    4. B2B Account — the Partner’s and its Users’ individual, verified access to non-public features of the Website;
    5. Product — a stone, diamond, item of jewellery, material or other goods offered in the catalogue or covered by an Order or Order Confirmation;
    6. Order — a request addressed by the Partner to Diamond Hub to conclude a contract on the terms set out in the Pro Forma;
    7. Order Confirmation — Diamond Hub’s express statement accepting a specific Order for fulfilment, sent through the Website or by email; an automatic acknowledgement of receipt of an Order, authorisation or payment, or an automatic change in the Order’s status on the Website, is not an Order Confirmation;
    8. Individual Terms — an accepted offer, specification, design order, SLA, contract or other individual agreement between the parties that expressly supplements or amends these Terms;
    9. Source Supplier — an entity involved on Diamond Hub’s back-end side in sourcing, manufacturing or preparing a Product, which does not thereby become a party to the contract with the Partner;
    10. Business Days — Monday to Friday, excluding public holidays in Poland; hourly deadlines are calculated according to the time applicable in Warsaw;
    11. Base Size — the size of an item for which Catalogue Weight is stated, as indicated on the Product page, Pro Forma or Order Confirmation. If none of those documents indicates a Base Size, the Base Size is: for rings, an internal circumference of 54 mm (US size 7); for bracelets, a length of 17 cm; for chains and necklaces, a length of 45 cm. Ring sizes are stated in millimetres of internal circumference; a size stated on the US scale is converted on the basis that US size 7 corresponds to an internal circumference of 54.4 mm and one full US size corresponds to 2.55 mm of circumference; a size stated in another scale is converted to inner circumference in millimetres according to commonly used conversion tables;
    12. Catalogue Weight — the approximate weight of an item’s precious-metal alloy at Base Size, stated on the Product page; if the Pro Forma or Order Confirmation states an estimated weight for the ordered size, that weight is treated as the Catalogue Weight for that Order;
    13. Actual Weight — the weight of the finished item’s precious-metal alloy determined under § 8(10);
    14. Settlement Rate — the price per 1 gram of the Product’s precious-metal alloy at its specified fineness and colour, stated in the Pro Forma or Order Confirmation and fixed for that Order;
    15. Settlement Exchange Rate — the exchange rate used in the Pro Forma to express the price in the payment currency and stated therein; it applies to all settlements for that Order, including additional payments and refunds;
    16. Settlement Document — a statement prepared by Diamond Hub after Actual Weight has been determined, containing the information specified in § 10(13);
    17. Reference Weight — the weight used to calculate the thresholds in § 8(11) and § 10(16): the estimated weight for the ordered size stated in the Pro Forma or, if none is stated, the Catalogue Weight increased or decreased by the weight difference resulting from the difference between the ordered size and the Base Size, calculated using the factor indicated on the Product page or Website or, if none is indicated: for rings, 0.05 g for each millimetre of difference in internal circumference; for bracelets, chains and necklaces, proportionately to the ratio of the ordered length to the base length;
    18. Pro Forma — the final Order summary, pro forma invoice or specification provided to the Partner under § 7(3) and containing the information required thereunder; if the Partner receives several such documents, the last one provided before the price is secured is binding;
    19. Confirmed Order — an Order covered by an Order Confirmation.

§ 2. B2B nature and scope of the Terms

  1. The Website, B2B Account, catalogue, sales and Diamond Hub services are intended solely for business operators, in particular jewellery salons, workshops, manufacturers and shops, that acquire Products or services within the professional scope of their business activity, primarily for resale or use in the jewellery business.
  2. Diamond Hub does not address the catalogue, prices or Order features to consumers. The public content of the Website is informational, and access to the catalogue and the ability to place Orders require a verified B2B Account.
  3. The Partner warrants that the cooperation is professional in nature for it and that the User is authorised to act on its behalf. If, for a natural person conducting business activity, the professional nature of a particular contract is not clear from its content, that person may make the voluntary statement provided for by law. Diamond Hub does not make conclusion of a contract dependent solely on making such a statement.
  4. If, despite the Website’s professional purpose, mandatory provisions protecting a natural person conducting business activity as a consumer apply to a particular contract, provisions restricting those rights do not apply to the extent that such restriction would be impermissible.
  5. These Terms govern:
    1. use of public Website content, forms and the B2B Account;
    2. access to the catalogue, prices, basket and Order process;
    3. sale of Products manufactured, configured or sourced for an individual Order;
    4. provision of agreed design, coordination, showroom, online store, hosting, maintenance or integration services.
  6. Individual Terms may clarify or amend these Terms. In case of conflict, Individual Terms prevail, followed by the Order Confirmation and then these Terms. Diamond Hub does not accept the Partner’s general purchase terms, regulations or other standard terms. Diamond Hub accepts an Order referring to such standard terms only by an Order Confirmation expressly stating that the contract is concluded on the basis of these Terms and the Order Confirmation, to the exclusion of the Partner’s standard terms; without such a statement, the Order is deemed not accepted and § 7(7) applies.
  7. Diamond Hub is the contracting party and the point of responsibility towards the Partner. The involvement of a Source Supplier, manufacturer, carrier, payment operator or other subcontractor does not create a direct contract with the Partner, unless Individual Terms unequivocally identify a different contracting party and describe the effects of that change.
  8. The Partner accepts these Terms by means of a checkbox that is not preselected in the B2B access application and when placing an Order. The version of the Terms in force when the Order is submitted applies to that Order; Diamond Hub retains the text of every published version together with its effective date. Acceptance of these Terms does not constitute a waiver of rights granted by mandatory law.
  9. A new version of these Terms does not change the terms of a Confirmed Order, unless mandatory law so requires or the parties expressly agree to a change.

§ 3. Services provided electronically

  1. Diamond Hub provides the following services electronically:
    1. making public content and information about its offering available;
    2. receiving contact forms, requests for quotations and applications for B2B access;
    3. creating and maintaining a verified B2B Account;
    4. making the catalogue, prices, availability information, basket, history and Order-related documents available to a logged-in Partner, to the extent enabled for its B2B Account;
    5. handling the submission of Orders and requests for quotations;
    6. providing a showroom, store or other digital features, if their scope has been agreed in Individual Terms.
  2. Submitting a form, an access application or an enquiry does not create a B2B Account, does not constitute an Order and does not result in the conclusion of a sale or project delivery contract.
  3. The service of providing public content and forms begins when the relevant feature is used and ends after its use. The basic B2B Account service is free of charge and lasts from activation until closure, suspension or termination under these Terms.
  4. Paid and continuous electronic services are provided for the period and for the remuneration specified in Individual Terms.
  5. A User may end use of a current session or public feature at any time. Closure of a B2B Account and termination of continuous services are governed by §§ 14 and 18.
  6. Diamond Hub may carry out announced maintenance and immediate work required for security. Unless Individual Terms provide for an SLA, the basic Website services are not guaranteed to be continuously available.

§ 4. Technical requirements and security

  1. Use of the Website requires a device with Internet access, an up-to-date browser supporting HTTPS and JavaScript, cookies necessary for the selected feature enabled, an active business email address and, for documents, software capable of reading commonly used formats, including PDF.
  2. The Partner should use up-to-date software, protect devices and login credentials, use strong and unique passwords, and promptly report suspected loss of a password or unauthorised use of the B2B Account.
  3. User accounts are assigned to named individuals. The Partner is responsible for the actions of persons to whom it gave access or whose permissions it failed to revoke despite the end of their authority.
  4. In particular, the following are prohibited:
    1. supplying unlawful content, content infringing third-party rights or content containing malicious code;
    2. impersonating another person or business operator;
    3. circumventing access controls, testing security without prior written consent, disrupting the Website or accessing another person’s data;
    4. automatically downloading, copying, indexing, analysing or reselling the catalogue, including by means of robots, scripts, automated tools or artificial-intelligence systems, or using Website content to train, fine-tune or test such systems, without Diamond Hub’s prior written consent; use of a feed or API made available by Diamond Hub within the agreed scope, or use of automated or artificial-intelligence tools to prepare the Partner’s own descriptions on the basis of materials covered by the licence in § 15(2), is not a breach;
    5. extracting information about Source Suppliers from code, documents, metadata, media or other technical artefacts, circumventing the agreed cooperation channel or attempting to establish a direct commercial channel;
    6. removing neutral labels, safeguards, watermarks or information concerning rights in materials.
  5. Diamond Hub may apply proportionate protective measures, including limiting traffic, ending a session or temporarily suspending access, where necessary to protect the Website, data, Orders or other users.
  6. Cookies other than strictly necessary cookies are used and managed according to the information available on the Website and the User’s applicable settings or consents.

§ 5. Business verification and the B2B Account

  1. Catalogue access is granted after manual verification of the business operator and an invitation has been sent. Diamond Hub may request data needed to verify the company, VAT status, professional profile of the cooperation, including the business activities disclosed in the relevant register, and Users’ authority. Verification usually takes up to 2 Business Days after all required data are received; this period is indicative.
  2. The Partner may use one or more named User accounts if the relevant Website feature permits this. The Partner designates authorised persons and is responsible for promptly revoking access for a person who has lost authority.
  3. Verification may be repeated periodically, in particular after a change in registration, ownership or tax details, payment account, transaction profile or risk level.
  4. Diamond Hub may refuse access if the information cannot be verified; the business profile or intended transaction does not correspond to the platform’s professional nature; there is a justified risk of abuse, non-payment or tax risk; or making a feature available would breach the law or Diamond Hub’s legitimate interests. Diamond Hub need not disclose information that would weaken security, risk controls or trade secrets.
  5. The Partner keeps its company details, invoicing details, delivery addresses, payment account, contact details and Users’ permissions current and promptly reports changes.
  6. Neither the B2B Account nor login credentials may be resold, transferred or made available to another company without Diamond Hub’s prior consent.

§ 6. Compliance verification, KYC and KYB

  1. Diamond Hub applies verification measures appropriate to the nature of the cooperation and the risks of fraud, sanctions, money laundering, terrorist financing, tax violations and other compliance obligations.
  2. To the extent required by law or justified by risk, Diamond Hub may request in particular:
    1. current registration and tax details and payment-account details of the Partner;
    2. information on ownership structure and beneficial owners;
    3. confirmation of the identity and authority of persons acting for the Partner;
    4. information on the purpose and nature of the cooperation, destination country, ultimate recipient or source of funds, where required by the risk level or law;
    5. documents relating to the Product’s origin, intended use or the transaction’s compliance with trade restrictions.
  3. The Partner provides true, complete and current information and responds to justified requests for updates. Personal data are processed under § 20 and the Privacy Policy.
  4. Pending completion of the required verification, Diamond Hub may suspend activation of the B2B Account, acceptance of an Order, payment, release of a Product or provision of a service. If verification cannot be completed or cooperation would be impermissible, Diamond Hub may refuse or end the cooperation.
  5. Payments to Diamond Hub are cashless. Diamond Hub may refuse to accept cash regardless of the amount.
  6. Diamond Hub does not disclose information about measures taken, analyses or reports if disclosure is prohibited by law or could weaken the effectiveness of its controls.

§ 7. Catalogue, Orders and conclusion of a contract

  1. Descriptions, photographs, prices, availability and other catalogue information constitute an invitation to place an Order, not an offer within the meaning of the Polish Civil Code. The weight, number and total weight of stones and the price stated on the Product page relate to the Base Size.
  2. The Partner places an Order through a Website feature or in another agreed manner. The Order should specify the Product or service, quantity and specifications, including the size, metal fineness and colour and stone variant, as well as the Partner’s details, address and other information required in the relevant process.
  3. Diamond Hub provides the Partner with a Pro Forma. In particular, the Pro Forma states the price and currency and, where the price is converted from another currency, the Settlement Exchange Rate. For items made of precious-metal alloy, it also states the Catalogue Weight or the estimated weight for the ordered size, the Settlement Rate, the portion of the price independent of weight, the maximum additional payment arising under § 8(11) and, where applicable, the number, total weight and size (diameter) of stones for the ordered size, together with the rate per stone or per carat. The Pro Forma price is the sum of the weight-independent portion and the product of the Catalogue Weight and the Settlement Rate. The Pro Forma is valid for 48 hours after it is sent unless it states another period; in the case of a bank transfer, it is sufficient to instruct payment within that period if the account is credited within 2 Business Days after it expires. Once the validity period expires, the price and availability require renewed confirmation.
  4. Diamond Hub may require security for 100% of the price by payment or payment authorisation, depending on the method stated in the final summary. A payment received before the contract is concluded is a payment towards a future contract, is not an earnest-money deposit and is refundable if Diamond Hub does not accept the Order.
  5. Before accepting an Order, Diamond Hub verifies the price, actual availability in its supply chain, specifications, address, payment, the User’s authority and the transaction’s compliance with these Terms.
  6. A contract is concluded only when Diamond Hub sends an Order Confirmation. An automatic message acknowledging receipt of an Order, authorisation or payment, or an automatic change in the Order’s status on the Website, confirms only receipt of the Order or payment. Diamond Hub’s failure to respond does not constitute acceptance of the Order.
  7. Diamond Hub accepts or rejects an Order within 3 Business Days after receiving complete information and the required price security. Until the Order Confirmation is sent, the Partner may withdraw the Order by a statement made through the B2B Account or by email. If Diamond Hub sends neither an Order Confirmation nor a rejection notice within 5 Business Days after receiving complete information and price security, the Order is deemed rejected. If the Product is unavailable, Diamond Hub does not accept the Order, the Order is deemed rejected or the Partner withdraws it, Diamond Hub will release any authorisation and refund funds already collected within 5 Business Days, by default using the same method and to the payment account from which it received them. Without the Partner’s separate consent, a refund will not be replaced by an account balance, voucher or store credit.
  8. If a Product is unavailable, has previously been reserved, requires a revised quotation or the information supplied was incorrect, Diamond Hub may reject the Order or propose a change before the contract is concluded. The Partner may accept the change only by an express statement.
  9. The binding parameters of the contract are set out in the Order Confirmation, in particular: the Product or service, specifications, quantity, price, currency, Settlement Exchange Rate, taxes, Base Size, Catalogue Weight, Settlement Rate, number and total weight of stones, method of securing and collecting payment, delivery, deadline, documents, certificate and agreed tolerances.
  10. Catalogue prices and quotations depend in particular on precious-metal quotations, market prices of diamonds and stones, exchange rates, taxes and logistics costs. Diamond Hub may update the price until the Order Confirmation. The price of a Confirmed Order does not change unless the Partner changes the scope, an expressly reserved assumption materialises or a change is required by legislation or public charges that could not previously have been taken into account. Settlement of the portion of the price dependent on Actual Weight and on the number and weight of stones, referred to in § 8 and § 10(13)–(17), is not a change in price but its determination according to the bases stated in the Pro Forma and Order Confirmation.
  11. Before an Order Confirmation, Diamond Hub may decline to accept an Order if the price was affected by an obvious data error, currency-conversion error or mistake. The Partner will be informed and any payment refunded under paragraph 7.
  12. Diamond Hub does not hold stock. Every Product, including one shown in the catalogue, is manufactured or sourced individually after the Order Confirmation according to the parameters chosen by the Partner, in particular size, metal fineness and colour, stone type, variant and size, and engraving. Production, stone sourcing, reservation of a unique Product or performance of individual work begins after the specification has been finalised, the required price security has been provided and the Order Confirmation has been issued. The indicative fulfilment time stated on the Product page runs from that point and includes the time needed for testing and hallmarking by an assay office.
  13. The Partner does not have the statutory right of withdrawal available to a consumer unless mandatory law provides otherwise; a natural person protected as a consumer does not have that right to the extent that a Product is manufactured to that person’s specifications (Article 38(1)(3) of the Polish Consumer Rights Act), and paragraph 19 applies in the remaining cases. The Partner may not unilaterally cancel a Confirmed Order; to the extent that the contract has the characteristics of a contract for specific work, the parties exclude the ordering party’s right under Article 644 of the Polish Civil Code. Diamond Hub may, entirely at its own discretion and without having to give reasons, agree to cancellation, in particular where the Source Supplier has not yet begun fulfilment, provided that documented costs of work performed, materials, stones already sourced, irreversible obligations towards Source Suppliers and exchange-rate differences are covered; the remaining part of the payment will be refunded within 14 days after the settlement is agreed. A refusal of consent gives the Partner no claim. If, following withdrawal from the contract under this paragraph, § 10(14) or § 11(8), Diamond Hub retains and sells the completed Product, it credits the net proceeds of the sale, after documented sale costs have been deducted, against the costs chargeable to the Partner and refunds any surplus over those costs to the Partner within 14 days after the sale.
  14. Products are not returnable, except in the cases provided for in § 7(19), § 8(12)–(14), § 10(16), § 11(10) and § 12. In exceptional cases Diamond Hub may give written or documentary-form consent to return a Product and specify the conditions, in particular the Product’s condition, the complete set of original certificates, seals and packaging, quality control after return, transport and insurance costs, and a handling fee. A Product that does not meet the conditions of consent remains the Partner’s property and will be sent back at the Partner’s expense.
  15. The procedure for concluding a contract on the Website comprises, in order: completing the basket or enquiry, checking and correcting the details in the summary before submission, submitting the Order, receiving the final summary or Pro Forma, securing the price, and receiving the Order Confirmation. Before submitting the Order, the Partner corrects the details on the Website; after submission, the Partner reports a correction to Diamond Hub’s email address before the Order Confirmation. The contract is concluded in Polish, and its contents are recorded in the B2B Account and email correspondence. Diamond Hub does not apply codes of conduct within the meaning of Article 66¹ § 2(6) of the Polish Civil Code.
  16. If fulfilment of an Order requires a decision, approval, information or materials from the Partner, and the Partner does not provide them within 10 Business Days after being requested to do so, Diamond Hub may set an additional period of 5 Business Days and, if it expires without compliance, withdraw from the contract as to the unperformed part and settle costs under paragraph 13. The fulfilment period is extended by the time spent waiting for the Partner’s cooperation.
  17. If, after an Order Confirmation, a Product, stone or material becomes unavailable for reasons beyond Diamond Hub’s control, in particular because a stone was sold to another buyer before reservation, withdrawn from a Source Supplier’s offer, affected by an error in a Source Supplier’s data feed or by an event described in § 16(9), Diamond Hub promptly informs the Partner and offers a replacement with parameters no worse than agreed or refunds the payment for the unperformed part within 7 days. The Partner accepts a replacement only by an express statement. To the extent permitted by law, Diamond Hub’s liability for the acts and omissions of a Source Supplier in such a case is limited to a refund of the payment and the Partner’s documented costs not exceeding 10% of the value of the unperformed part, subject to § 16(6).
  18. Diamond Hub does not release Products on memo, on commission or on consignment, unless Individual Terms provide otherwise.
  19. If a natural person protected as a consumer has a statutory right of withdrawal, in particular where a Product is not manufactured to that person’s specifications (for example, a loose stone sourced with a certificate), that person may withdraw from the contract within 14 days after receiving the Product by sending a statement to [email protected]; they may use the model withdrawal form in Annex 2 to the Polish Consumer Rights Act of 30 May 2014. Diamond Hub refunds all payments received within 14 days after receiving the statement and may withhold the refund until it has received the Product back or proof that it has been sent back. The withdrawing person sends the Product back unchanged, in intact certification packaging, by insured shipment within 14 days after withdrawal and bears the direct cost of return; due to the Product’s value and nature, it cannot be returned by ordinary post.

§ 8. Products, specifications, weight and tolerances

  1. The Product's conformity is assessed against the Order Confirmation, the accepted specification, model, certificate and the tolerances set out in these Terms or the Order Confirmation, and not solely against an image displayed on a screen.
  2. Photographs, videos, visualisations, renders and previews serve to present the Product. Differences caused by screen settings, scale, lighting, hand craftsmanship, production technology or the natural characteristics of stones and metal, including typical variations in shade and surface and minor dimensional differences, do not constitute non-conformity if the Product meets the specification and tolerances.
  3. Diamond Hub states in the Order Confirmation whether a diamond is natural or laboratory-grown (synthetic), provides a certificate if the specification includes one, and passes on information known to Diamond Hub about treatment of the stone arising from the certificate or specification. Certificates and reports are issued by independent laboratories, and Diamond Hub is not responsible for their assessments of colour, clarity, cut or fluorescence; paragraph 14 governs the assurance of the stone's identity and type. The Partner retains this information, presents it accurately to its customers and uses complete, non-misleading descriptions of the type of stone when dealing with them.
  4. CAD, a sample, a model, size, engraving, arrangement of stones, metal fineness and other elements requiring a decision by the Partner become binding upon express approval through the agreed channel. A change after approval may affect the price and delivery time.
  5. The rules and tolerances in paragraphs 9–14 are the standard disclosed to the Partner before the contract is concluded and bind the parties, unless the Order Confirmation or accepted specification sets different tolerances for the Order in question. A different industry tolerance is binding only if it follows from the Order Confirmation or accepted specification.
  6. If a substance on the SVHC Candidate List is present in an article or any of its components at a concentration exceeding 0.1% by weight, Diamond Hub provides the Partner, in accordance with applicable law, with the available and legally required information enabling safe use, including at least the name of the substance. The Partner passes this information on to the extent required by its role in the supply chain.
  7. Diamond Hub ensures compliance with the assay and marking obligations applicable to it according to the type of Product and its own role. Before delivery, articles made of gold alloy are submitted for testing and hallmarking to an assay office, including articles whose alloy weight is under 1 gram, which are submitted at Diamond Hub's request. If the office cannot apply a hallmark because of the article's size or construction, Diamond Hub marks the article with its maker's mark and states the fineness and alloy weight in an accompanying document. The Partner does not remove, alter or obscure hallmarks, maker's marks, markings or documents and itself assesses any obligations arising from its own production, modification or placing of the Product on the market under its own brand.
  8. The Partner does not alter information about a stone's laboratory-grown or natural origin, metal fineness, safety, certificate or Product identification in a misleading way.
  9. Catalogue Weight is stated for the Base Size and is indicative. An article in a different size, a cast article and a hand-finished article differ in weight from the Catalogue Weight. The price of an article made of precious-metal alloy consists of a component independent of weight and a component calculated by multiplying the Actual Weight by the Settlement Rate.
  10. After production, the maker determines the Actual Weight by weighing the alloy before setting the stones or by weighing the finished article and subtracting the weight of the stones according to the specification (1 ct = 0.2 g), to an accuracy of 0.01 g, and states it in the delivery documents; stones are not removed from their settings. Diamond Hub provides this weight in the Settlement Document together with the Product identifier and Order number and, where required by law, on a tag or in an accompanying document. The Actual Weight determined in this way is the basis for settlement. The Partner may challenge it within the period specified in § 12(4). Differences of up to 0.05 g or up to 1% of the Actual Weight are disregarded; a greater difference is resolved by the weight determined by the assay office during hallmarking (after subtracting the stone weight according to the specification), or, for articles not subject to hallmarking, by check-weighing on a scale subject to legal metrological control at an assay office or in a laboratory accredited for mass measurement, as chosen by the Partner. The party whose position is not confirmed bears the cost of check-weighing. Pending resolution, the due date for payment of any additional amount is suspended as to the disputed sum.
  11. A difference between the Actual Weight and the Catalogue Weight does not constitute Product non-conformity and is settled only as specified in § 10(13)–(17). A difference not exceeding the greater of 2% of the Reference Weight or 0.05 g is not settled in either direction. A larger difference is settled in full, except that Diamond Hub bears, without an additional charge to the Partner, the part by which the Actual Weight exceeds the Reference Weight by more than 10% of the Reference Weight. If the Actual Weight exceeds the Reference Weight by more than 15% or is more than 10% below it, § 10(16) applies. A weight difference attributable to a difference in size is settled in full and is not counted towards these thresholds because it is included in the Reference Weight.
  12. The total weight of stones in an article may differ from the specification by no more than ±3%, provided that the size (diameter) of the stones stated in the Pro Forma or Order Confirmation is binding subject to a tolerance of ±0.05 mm; ring size may differ from the ordered size by no more than ±0.6 mm of inner circumference (±0.25 US size). Differences within these limits do not constitute non-conformity and are not settled. The total weight of set stones is determined from the Source Supplier's production documentation (setting record), which Diamond Hub makes available on request in a form that does not disclose the Source Supplier's identity. The Partner may challenge it only by testing at an independent gemmological laboratory, at the Partner's expense, which Diamond Hub reimburses if the test confirms a deviation beyond the tolerance. The weight, dimensions, characteristics and identity of a stone supplied with a certificate are as stated in the certificate. The colour and clarity of set stones stated as a range (for example F–G, VS) conform to the specification if they fall within that range. Diamond Hub informs the Partner before dispatch of any deviation beyond these limits known to Diamond Hub before dispatch. Within 3 Business Days, the Partner then accepts the Product with an agreed price reduction or after the size has been corrected before dispatch, or declines that Product for a refund of the payment within 7 days; a deviation discovered later is governed by § 12. If the Partner does not make a statement within that time, Diamond Hub again calls upon the Partner through the B2B Account and by email, allowing an additional 3 Business Days. Silence after the additional period is deemed acceptance of the Product, or, for a Partner who has mandatory rights as a natural person protected like a consumer, is deemed a decision to decline it.
  13. For designs in which stones are set around the entire circumference or along the entire length of the article, the number and total weight of stones depend on size. Values on the Product page relate to the Base Size; values for the ordered size are stated in the Pro Forma or Order Confirmation. A difference of no more than one stone and, at the same time, a difference in total stone weight of no more than ±3% against those values do not constitute non-conformity and are not settled. Diamond Hub settles a greater difference at the per-stone or per-carat rate stated in the Pro Forma; alternatively, the Partner may decline the Product for a refund within 7 days. Section 10(16) applies accordingly.
  14. The characteristics of a certified stone are determined according to the certificate specified in the Order Confirmation. A different assessment of colour, clarity, cut or fluorescence by another laboratory or expert, regardless of the size of the difference, does not constitute non-conformity if the laser-inscription number, dimensions and weight confirm that the stone is the one covered by the certificate. Characteristics of uncertified stones are stated in ranges and are indicative within those ranges. Diamond Hub warrants that a certified stone is the stone described in the certificate specified in the Order Confirmation and that the certificate was issued by the stated laboratory. If the laboratory that issued the certificate, or a laboratory of comparable standing, finds that the stone is of another type (in particular synthetic rather than natural) or has undergone treatment undisclosed in the certificate or specification, this constitutes a material non-conformity. The Partner may then return the Product for a refund of the price and documented testing costs; the time limits in § 12(4) do not apply.

§ 9. Product safety and supply-chain roles

  1. Each party performs the obligations applicable to it under Regulation (EU) 2023/988 on general product safety (GPSR), specific laws and its actual role concerning the Product in question. These Terms do not transfer an obligation that cannot lawfully be transferred.
  2. Diamond Hub places jewellery articles on the market under its own name and fulfils the manufacturer's obligations in respect of them within the meaning of Article 13(1) GPSR. For loose stones and other Products, Diamond Hub fulfils the obligations of an importer or distributor as the facts require. Diamond Hub provides the identification information, documents and procedures required for its role, supplies the Partner with the Product together with the manufacturer's details and batch identifier required in a distance offer, and remains the seller and contractual contact for the Partner.
  3. A Partner who makes an unaltered Product available downstream while retaining the markings supplied acts at least as a distributor. Before resale, it checks the required markings and documents, ensures storage and transport conditions that do not impair safety, does not offer a Product it knows or should know is unsafe or non-compliant, and cooperates in corrective measures.
  4. A Partner who places the Product on the market under its own name or trademark, or substantially modifies the Product in a way that affects safety, is treated as a manufacturer to the extent provided by the GPSR. The Partner then performs the manufacturer's obligations, in particular carrying out a risk assessment, creating and retaining technical documentation, providing identification and its own contact details, handling safety information, and including the required information in its distance offer.
  5. Upon a justified request by the Partner, Diamond Hub provides the Product information it holds and is able to disclose that is needed to fulfil safety obligations, in particular specifications, composition, dimensions, certificates, instructions and available test results. Diamond Hub does not prepare the Partner's risk assessment or documentation on its behalf unless Individual Terms provide otherwise.
  6. The Partner promptly, and no later than 24 hours after becoming aware, informs Diamond Hub of an accident, suspected hazard, action by an authority, safety-related complaint or need to withdraw or recall a Product. The parties cooperate in assessing the risk, warning recipients, stopping sales, and withdrawing or recalling the Product.
  7. Each party keeps the traceability records required by law for its link in the chain and makes them available to competent authorities. The Partner retains the link between the Product, the purchase document and its own business recipient to the extent required by law.
  8. The Source Supplier's identity and private commercial terms are confidential. This rule does not restrict information about the manufacturer, importer, responsible person, safety or origin that must, under mandatory law, appear on the Product, packaging or a document or be provided to the Partner or a competent authority.

§ 10. Prices, taxes, invoices, payments and weight settlement

  1. Unless stated otherwise, B2B prices are net prices. Applicable VAT, delivery costs, insurance, customs duties and other expressly stated charges are added in accordance with the Order Confirmation and applicable law.
  2. Products and services require 100% security in advance through payment or authorisation of the full price. For a continuous service, the full fee for each billing period is due before that period begins, unless Individual Terms provide otherwise.
  3. The Partner pays in the currency, by the method and within the period stated in the final summary, Pro Forma or Individual Terms. The date of payment is the date on which the relevant account is credited or the agreed payment provider effectively confirms payment. The Partner bears the fees of its bank and intermediary banks; Diamond Hub should receive the full amount stated in the Pro Forma or invoice.
  4. For a card payment or another method that separates authorisation from capture, Diamond Hub first obtains authorisation, then confirms the Product's availability and secures it operationally without placing a binding purchase order, then captures the funds and finally sends the Order Confirmation. Diamond Hub places a binding order within its supply chain only after successfully capturing the full price. A different sequence must be expressly described in Individual Terms.
  5. For an ordinary bank transfer with no separate authorisation, Diamond Hub checks availability after the full price has been credited and before sending the Order Confirmation. It does not place a binding order in its supply chain before the price has been credited; if the Product is unavailable, the refund rules in § 7(7) apply.
  6. Diamond Hub does not reserve a Product, begin production or a service, or dispatch a Product before the required security for the full price is in place, subject to a different sequence expressly described in Individual Terms.
  7. If payment of an amount due is late, Diamond Hub may, without a further demand, charge statutory interest for late payment in commercial transactions and claim compensation and reasonable debt-recovery costs under applicable law.
  8. In the event of arrears, Diamond Hub may, after notifying the Partner, suspend new Orders, delivery or a paid service until payment is made, unless immediate action is justified by the risk of non-payment or by security concerns.
  9. Invoices are issued and made available under applicable law, including through the Polish National e-Invoicing System (KSeF) where applicable. If an invoice is made available outside KSeF, the Partner agrees to its electronic delivery through the B2B Account or to the stated email address to the extent such consent is required.
  10. Ownership of the Product passes to the Partner when the Product is handed over in accordance with § 11(4), provided that the price stated in the Pro Forma or Order Confirmation has been paid. If Individual Terms permit handover before payment, Diamond Hub retains ownership until that price is paid. An additional amount due from settlement of weight or stones is a separate receivable; it does not prevent ownership from passing, and the Partner may resell the Product in the ordinary course of business even before paying that amount. Transfer of risk under § 11 does not depend on transfer of ownership.
  11. Without Diamond Hub's prior written consent, the Partner may neither set off its claims against the price nor assign its contractual rights to a third party, except where a restriction would be impermissible under mandatory law.
  12. As a rule, a payment is refunded by the same method, in the same currency and to the payment account from which Diamond Hub received the funds. A refund to another account belonging to the Partner requires its instruction and successful verification by Diamond Hub. Diamond Hub refunds the amount actually received and is not responsible for exchange-rate differences or bank fees beyond its control, unless they result from Diamond Hub's culpable conduct.
  13. The Pro Forma and the security for the price are based on the Catalogue Weight and, where applicable, the number and total weight of stones for the ordered size. After determining the Actual Weight, Diamond Hub prepares a Settlement Document stating the Catalogue Weight, Reference Weight, Actual Weight, the difference and the portion of any excess borne by Diamond Hub under § 8(11), the Settlement Rate and Settlement Exchange Rate and, in the cases covered by § 8(12)–(13), the number and weight of stones and the per-stone or per-carat rate, as well as the amount of any additional payment or refund. Additional payments and refunds are calculated solely using the Settlement Rate, the per-stone or per-carat rates and the Settlement Exchange Rate in the Pro Forma, regardless of subsequent changes in metal quotations, stone prices or exchange rates.
  14. Diamond Hub refunds any overpayment within 7 days of dispatch of the Product, on the terms of paragraph 12, in the payment currency and at the Settlement Exchange Rate, irrespective of the date of the corrective invoice. Diamond Hub issues the final invoice no later than 7 days after dispatch. An additional payment is due within 7 days of the final invoice being made available, but not earlier than 7 days after receipt of the Product; paragraph 7 applies. If the additional payment exceeds 10% of the Pro Forma price or PLN 3,000, Diamond Hub may make dispatch conditional on its payment and states this in the Settlement Document. If an additional payment on which dispatch has been made conditional is not paid within 14 days of delivery of the Settlement Document, Diamond Hub may allow an additional 7 days and, if that period expires without payment, withdraw from the contract in respect of that Product and settle costs under § 7(13); § 11(8) applies accordingly to storage costs.
  15. Diamond Hub issues an advance-payment invoice for a prepayment received within the period required by VAT law, unless delivery takes place in the same month as the payment. After delivery, Diamond Hub issues a final invoice reduced by the advance payment and reflecting the settlement under paragraph 13; if the final price is lower than the advance payment, it issues a corrective invoice. This section, together with the Settlement Document, constitutes an agreement on the conditions for reducing the taxable amount within the meaning of VAT law.
  16. If the Actual Weight exceeds the Reference Weight by more than 15% or is more than 10% below it, Diamond Hub provides the Settlement Document before dispatch. Within 3 Business Days, the Partner either accepts settlement on the terms of § 8(11) or withdraws from the contract in respect of that Product for a refund within 7 days. In the case of a shortfall, the Partner may instead require the Product to be remade in conformity with the model within a period corresponding to the original lead time. If the Partner makes no statement in that period, Diamond Hub calls upon it again through the B2B Account and by email, allowing an additional 3 Business Days. Silence after the additional period is deemed acceptance of the settlement; for a Partner who has mandatory rights as a natural person protected like a consumer, silence after the additional period is deemed withdrawal, and that Partner may also withdraw where the additional payment exceeds 5% of the Pro Forma price.
  17. Prices expressed in a foreign currency are payable only in that currency unless the Pro Forma states an amount in Polish zloty calculated using the Settlement Exchange Rate; in that case, all settlements for the Order are made in Polish zloty at that rate. Conversions for VAT purposes follow tax law and do not change the amounts due between the parties.
  18. The Partner does not initiate a chargeback or another reversal of payment in matters subject to the procedures under § 7(7), § 12 or § 17 before exhausting those procedures. An unjustified payment reversal entitles Diamond Hub to suspend performance, pursue the amount due together with costs, and suspend the B2B Account under § 18.

§ 11. Delivery, timing and transfer of risk

  1. The method, place, cost and expected date of delivery are stated in the Order Confirmation. A delivery date is guaranteed only if expressly identified as such.
  2. Diamond Hub informs the Partner of any known material risk of delay. The delivery date is extended as appropriate if the delay results from a lack of approval, data, materials, cooperation or payment for which the Partner is responsible. It is also extended by the time required for settlement under the fourth sentence of § 10(14) and under § 10(16), and by any time for testing and hallmarking at an assay office that exceeds the time assumed on the Product page.
  3. If Diamond Hub arranges transport, Diamond Hub dispatches a shipment containing stones or jewellery using a carrier that handles high-value shipments and insures it up to the value of the Products stated in the Order Confirmation. If such insurance is unavailable or limited for a given shipment, Diamond Hub informs the Partner before dispatch and agrees the delivery method with the Partner: dispatch on the available terms, collection by the Partner's carrier, or another method of handover; Diamond Hub holds dispatch pending agreement. If, after agreeing this with Diamond Hub, the Partner arranges transport, the Partner is responsible for choosing the carrier and the scope and amount of insurance; Diamond Hub hands the shipment over to the Partner's carrier at the agreed place and time.
  4. Diamond Hub is responsible for properly preparing, securing, addressing and handing the shipment over to the carrier. In a B2B relationship, the risk of accidental loss or damage passes to the Partner when a properly prepared shipment is handed over to the carrier at Diamond Hub's warehouse or another agreed dispatch location, regardless of which party arranges transport. If Diamond Hub delivers the Product in person or hands it over to the Partner at an agreed location, risk passes when the Product is handed over to the Partner or a person authorised by the Partner, against a receipt stating the Order number, date and recipient.
  5. If Diamond Hub contracted with the carrier or insurer, it will assist the Partner in making a claim and pass on any compensation recovered in relation to that shipment. Transfer of risk does not relieve Diamond Hub of liability for culpably improper preparation, securing, addressing or handover of the shipment.
  6. The Partner checks the packaging on receipt. Visible damage should be noted in the carrier's record and documented with photographs where possible. Recording the opening of the shipment in one continuous shot showing intact seals and the contents is recommended. Lack of a record or video does not automatically bar a claim, but for a complaint about quantity, the identity of a stone or damage in transit, the Partner bears the evidentiary consequences of an avoidable failure to document the shipment.
  7. Partial deliveries are permitted with the Partner's consent or if provided for in the Order Confirmation and they do not undermine the reasonable purpose of the Order.
  8. If the Partner provided an incorrect address, failed to collect the shipment or refused it without grounds, it bears reasonable costs of return, safeguarding, storage and redelivery. Diamond Hub informs the Partner of the expected costs before redelivery. Diamond Hub stores a Product not collected or returned by the carrier at the Partner's expense and risk. After 30 days from the shipment's return, it charges a storage and insurance fee equal to 0.5% of the Product's net value for each commenced month. If an additional 30-day collection period set for the Partner expires without collection, Diamond Hub may sell the Product for the Partner's account under Article 551 § 2 of the Polish Civil Code or withdraw from the contract and settle costs under § 7(13).
  9. Delivery outside Poland requires Individual Terms specifying at least the applicable Incoterm, taxes, customs duties, insurance, documents, sanctions and allocation of export responsibilities. The 0% VAT rate for an intra-Community supply or export applies only when statutory and documentary requirements are met; otherwise Diamond Hub charges the applicable tax, issues a corrective invoice or requests an additional tax payment.
  10. If Diamond Hub exceeds the expected delivery date by more than 30 days for reasons for which it is responsible, the Partner may allow an additional 14 days and, if that period expires without performance, withdraw from the contract as to the unperformed part for a refund of the payment for that part within 7 days. Damages liability for delay is subject to § 16. This right replaces the rights under Article 635 of the Polish Civil Code and, for a Partner with mandatory rights as a natural person protected like a consumer, does not limit statutory rights.

§ 12. Inspection of the Product, conformity and complaints

  1. To the extent permitted by law, the parties exclude Diamond Hub's statutory warranty liability for defects under Article 558 § 1 of the Polish Civil Code, including where the contract has the characteristics of a contract for a specific work. To the extent permitted by law, this section, § 7(17) and § 11(10) replace the customer's rights under Articles 635 and 636 of the Polish Civil Code. The exclusion does not apply to a fraudulently concealed defect or where mandatory law does not permit restriction of the Partner's rights.
  2. In place of the excluded statutory warranty, Diamond Hub assumes contractual liability for the Product's conformity with the Order Confirmation and the tolerances in § 8 for 12 months after the Partner receives the Product, on the terms of this section. If the Partner has mandatory rights as a natural person protected like a consumer, Chapter 5a of the Polish Consumer Rights Act applies to that Partner; this section does not limit those rights and applies only to the extent that it is no less favourable to that person.
  3. The Partner inspects the Product promptly after receipt and no later than within 10 Business Days, in the manner customary for that type of article. It checks the quantity, packaging, seals, documents and certificates, weight, size, number of stones, the laser-inscription number for loose stones, conformity with the Order Confirmation, and visible damage.
  4. The Partner reports a visible non-conformity no later than within 5 Business Days after receipt. It reports a non-conformity that could not be discovered through proper inspection within 7 Business Days after discovery and no later than 12 months after delivery. In a business-to-business relationship to which the mandatory protection described in paragraph 2 does not apply, these are preclusive periods for contractual claims under this section.
  5. A complaint should contain the Order number, a description of the non-conformity, the date it was discovered, the remedy sought and any available photographs, videos or documents. The Partner protects the Product against further damage and does not have it altered until the procedure has been agreed.
  6. Diamond Hub acknowledges receipt of a complaint within 3 Business Days at the latest and responds within 14 days. If expert assessment or testing is necessary, Diamond Hub states the reason before that period expires and gives a final response within 30 days at the latest, unless mandatory law provides for a shorter period or a particular consequence of failing to respond.
  7. If a complaint is justified, Diamond Hub will, at its reasonable choice taking the Partner's interest into account, repair or replace the Product within no more than 45 days after receiving the Product for repair or, if return is unnecessary, after accepting the complaint. If both remedies are impossible, disproportionate or not carried out in that period, Diamond Hub will reduce the price accordingly or, for a material non-conformity, refund the price after the Product is returned, within 14 days.
  8. Contractual liability does not cover normal wear, including wear of electroplated coatings, rhodium plating or gilding; damage occurring after transfer of risk; improper storage or use; exposure to chemicals; impacts; interference by third parties; unapproved modifications, including resizing, setting or recutting a stone by the Partner; or characteristics within the accepted specification and tolerances, including differences in weight, size or the number and weight of stones that are settled or tolerated under § 8(9)–(14) and § 10(13)–(17).
  9. For stones delivered in sealed certification packaging, a complaint concerning the stone's identity or characteristics requires an intact seal, unless damage to the seal did not affect the ability to identify the stone unambiguously or mandatory law provides otherwise. Opening the packaging recorded in accordance with § 11(6), showing the intact seal, removal of the stone and reading of its inscription, is equivalent to an intact seal for an identity complaint lodged within the period in the first sentence of paragraph 4, provided the stone has not been set or altered. A stone set, recut or otherwise altered by the Partner or a third party is subject to a complaint concerning identity or characteristics only on the basis of a report from an independent gemmological laboratory or, for a certified stone, from the laboratory that issued the certificate, confirming non-conformity existing at delivery.
  10. The Partner does not return a Product before agreeing on the address, safeguarding method, insurance and return identifier. For a justified complaint, Diamond Hub bears agreed and reasonable complaint-shipping costs. For an unjustified complaint or damage occurring after transfer of risk for reasons attributable to the Partner, the Partner bears transport, diagnosis and redelivery costs after being informed of their amount in advance.

§ 13. Sanctions, origin and international trade

  1. Diamond Hub applies the measures required by law concerning origin, traceability, import and export controls and sanctions, including restrictions relating to diamonds, precious metals and jewellery articles.
  2. The Partner represents that, to the best of its knowledge, neither it nor persons acting on its behalf nor its beneficial owners are subject to sanctions that would prevent cooperation. The Partner promptly reports any change that may affect the transaction's compliance.
  3. The Partner will not sell, export, re-export, transfer or make the Product available to a person, entity, country or territory, or for a use, that is prohibited, and will not participate in circumvention of sanctions. This applies in particular to Russia and Belarus to the extent of restrictions currently in force.
  4. Upon a justified request, the Partner provides information about the recipient, destination country and end use needed to assess the transaction's compliance. The information is used to the extent described in the Privacy Policy and under applicable law.
  5. Diamond Hub may refuse to accept an Order, suspend its performance, delivery or payment, or end the cooperation if necessary or reasonably justified to comply with sanctions and trade controls. A payment for the unperformed part is refunded only to the extent and within the time permitted by law.
  6. The duty of confidentiality does not restrict disclosure of required information to a competent authority, bank, payment provider, carrier or adviser to the extent necessary to carry out a lawful transaction.
  7. Diamond Hub's invoices for natural and laboratory-grown diamonds and articles containing them state that the diamonds do not originate from Russia and were not imported in breach of European Union restrictive measures, based on statements by Source Suppliers and origin documents. For natural diamonds, the invoices also include a warranty statement consistent with the World Diamond Council's System of Warranties guidelines. The Partner passes on the corresponding statements when reselling to businesses.
  8. The parties comply with anti-corruption laws and neither offer nor accept improper benefits in connection with their cooperation.

§ 14. Design and digital services

  1. The scope of any showroom, store, project, integration, hosting, maintenance, updates, support, data, domain, content, schedule, acceptance and remuneration is set out in the Individual Terms.
  2. Unless an SLA has been agreed, Diamond Hub performs the service with due care but does not guarantee uninterrupted availability or a particular time to remedy a failure. It may carry out announced maintenance work and urgent security work.
  3. The Partner provides in good time the materials, decisions, approvals, access and information needed for performance. The Partner is responsible for the lawfulness of the content, marks, photographs, databases and data it supplies and for having the rights and consents needed for Diamond Hub to perform the service.
  4. Functions dependent on external providers may be subject to those providers' technical and legal restrictions. Diamond Hub informs the Partner of any material dependency known when the contract is concluded and will not replace an agreed function with a solution having materially inferior characteristics without agreement.
  5. A change to an accepted scope, schedule or material requires agreement on its effect on price and timing. Diamond Hub is not obliged to begin the changed scope before its express approval and any required security for the remuneration.
  6. The Partner may terminate a continuous service with the notice period stated in the Individual Terms or, if none is stated, on one month's notice effective at the end of a billing period. Payment is due for services performed and irreversible commitments undertaken within the accepted scope.
  7. Within 30 days after a service ends, the Partner may request an export of its own content and data in a standard, commonly readable format available for that service. This right does not extend to Diamond Hub's software and code, data of other entities, Source Supplier data, internal configurations or trade secrets.
  8. Diamond Hub deletes its working copy of the Partner's content and data within 60 days after the service ends. This does not apply to data retained by law, for settlement or for pursuing or defending claims, or to backups deleted in the ordinary, documented retention cycle.
  9. If Diamond Hub is to process personal data on the Partner's behalf, the parties conclude the required data processing agreement before that processing begins and agree on their roles, scope, security measures and rules for using sub-processors.

§ 15. Intellectual Property, Confidentiality and Anonymity

  1. The Website, software, catalogue layout, marks, descriptions, photographs, videos, graphics, models, documentation and other materials are protected by law, and Diamond Hub is the maker of the catalogue database. Use of the Website does not transfer intellectual property rights. Diamond Hub reserves the right to prohibit reproduction of the Website and catalogue content, including the catalogue database, for text and data mining, in particular to train, fine-tune or test artificial intelligence systems; this is a reservation within the meaning of Article 26³(1) of the Act on Copyright and Related Rights and Article 8a(1) of the Act on the Protection of Databases, also expressed in a machine-readable format.
  2. Diamond Hub grants the Partner a non-exclusive, non-transferable and non-sublicensable licence to use materials expressly made available for further display, solely to offer and sell the corresponding Products through the Partner's channels. The licence is granted only to the extent of the rights held by Diamond Hub and may be restricted or revoked where required by rights in the material, safety, a Product withdrawal or law.
  3. The Partner may entrust the material to its website or advertising contractor for technical purposes solely for the purpose specified in paragraph 2, without the contractor acquiring any right to use it for other clients. The Partner is responsible for the contractor's compliance with these restrictions.
  4. The licence relating to a Product offered in the catalogue remains in force while that Product is properly made available to the Partner. After the Product is removed from the catalogue or the B2B Account is closed, the Partner removes the materials from active offers within 14 days, or sooner where safety or law so requires. If the Partner has purchased a Product, it may continue to use the materials to the extent needed to sell the unit it holds and to service a completed sale.
  5. The licence does not cover raw CAD files, production files, code, source materials, private supplier data or the right to create other products. Access to them requires Individual Terms.
  6. Rights in individually produced service deliverables are governed by the Individual Terms. Unless otherwise agreed, rights are not transferred and, after full payment, the Partner receives a non-exclusive licence to use the final deliverable for the business purpose for which it was ordered. Pre-existing tools, libraries, templates and know-how remain with their existing rights holders. A design, model or other material supplied by the Partner remains its property; Diamond Hub will not offer a product made to that design to other Partners or include it in the catalogue without the Partner's consent.
  7. The Partner grants Diamond Hub a non-exclusive licence to use the materials, marks, designs and content it supplies to the extent and for the time necessary to perform the ordered service or supply the Product. The Partner warrants that any design, model or material it supplies does not infringe third-party rights, will indemnify Diamond Hub against third-party claims on that basis and will cover reasonable defence costs.
  8. Each party protects the other party's non-public commercial, technical and organisational information and uses it only to perform the cooperation. This duty continues for five years after the cooperation ends and, for a trade secret, for as long as the information retains that status. Wholesale prices, availability, commercial terms and other catalogue content made available after login are Diamond Hub's confidential information; the Partner does not disclose them to third parties and provides its customers only with its own prices and Product information covered by the licence in paragraph 2. Confidentiality does not prevent disclosure to legal, tax and accounting advisers and auditors bound by professional secrecy, or to authorities entitled by law to receive the information.
  9. The identities of Source Suppliers, private purchasing terms, internal identifiers and technical data on media provenance are Diamond Hub's confidential information, subject to § 9(8). The Partner does not contact a Source Supplier to bypass Diamond Hub or use information learned incidentally to establish a direct commercial channel. This prohibition does not restrict contact ordered by a competent authority or action necessary for Product safety, traceability or performance of a legal obligation; where law permits, the Partner coordinates such action with Diamond Hub in advance.
  10. Diamond Hub does not give a Source Supplier the Partner's or its customer's data for the purpose of establishing a direct channel. Information necessary for a payment provider, carrier, adviser or other service provider is shared lawfully and only to the extent necessary. Such a recipient does not acquire the right to use the data for its own sales.
  11. Public media and media made available to the Partner should have neutral filenames and metadata and must not contain a hidden link to a Source Supplier. The Partner does not attempt to reconstruct removed data, the source address or the material's technical provenance.
  12. The Partner will pay Diamond Hub a contractual penalty of: (a) PLN 20,000 for each instance of bulk downloading catalogue content in breach of § 4(4)(d), obtaining information about Source Suppliers in breach of § 4(4)(e), or disclosing wholesale prices, availability or other catalogue content to third parties in breach of paragraph 8; (b) PLN 50,000 for each instance of establishing a direct commercial channel with a Source Supplier using information obtained in connection with cooperation with Diamond Hub, in breach of paragraph 9. The penalty under (b) does not apply to a commercial relationship between the Partner and that entity that existed before registration of the B2B Account and is documented by invoices or correspondence predating registration. Where the breach consists of data collection by the Partner's system for its own shop or the use of artificial intelligence tools for its own descriptions, the penalty under (a) becomes payable only after a written demand to cease the breach and the ineffective expiry of seven days, unless the breach was intentional. The aggregate contractual penalties payable by one Partner do not exceed PLN 100,000 in a calendar year. Diamond Hub may claim damages exceeding the contractual penalty. Contractual penalties do not apply to a Partner entitled to mandatory rights as a natural person protected in the same way as a consumer.

§ 16. Liability and Force Majeure

  1. Each party is liable for actual loss resulting from non-performance or improper performance of its own obligations.
  2. Diamond Hub may use subcontractors and is liable for their actions in performing the contract to the extent required by law and the contract. A subcontractor does not thereby become a party to the contract with the Partner.
  3. To the extent permitted by law, Diamond Hub is not liable, regardless of the legal basis of a claim, for lost profits, anticipated margin, loss of a contract with a third party, loss of reputation or indirect loss, unless the loss was caused intentionally.
  4. Diamond Hub's aggregate liability in connection with an Order is limited to 100% of that Order's net value. For a continuous service, the limit is 100% of the net fees paid for that service in the 12 months preceding the event, or, if the service has run for less time, the fees paid throughout its duration.
  5. The limit covers all claims arising from the same event or series of related events concerning the relevant Order or service in the aggregate.
  6. The exclusions and limits do not apply to intentionally caused loss, personal injury, liability for a breach of confidentiality or data protection attributable to Diamond Hub's fault, mandatory product liability, or rights that cannot be limited.
  7. The Partner is responsible for its own offer to the end customer, retail prices, labelling, information, consumer obligations, taxes and terms of sale. The Partner does not make environmental, health, hypoallergenic or ethical claims about a Product to its customers unless they are supported by documents provided by Diamond Hub or the Partner can substantiate them independently. Diamond Hub does not become a party to the contract between the Partner and its customer and does not assume the Partner's obligations arising from the use of the Partner's brand or a modification of the Product.
  8. If the Partner's customer or an authority makes a claim or request against Diamond Hub arising from the Partner's unlawful act or omission, in particular its labelling, modifications, offer content, marketing claims or failure to discharge a producer's or distributor's duties, the Partner will indemnify Diamond Hub and cover reasonable, documented defence costs to the extent the Partner is responsible for the cause of the claim. Diamond Hub will promptly notify the Partner and allow it to participate in the defence.
  9. A party is not liable for delay caused by an event beyond its reasonable control whose effects it could not avoid despite due care, including action by an authority, sanctions, a sudden transport or customs-clearance blockage, strike, epidemic, disaster, war, riots, widespread infrastructure or payment-system failure, or unavailability of raw material, a stone or production capacity at a Source Supplier that the party could neither foresee nor prevent by exercising due care, including in its choice of Source Supplier. The party promptly reports the event and mitigates its effects.
  10. If force majeure prevents performance of a material part of the contract for more than 60 days, either party may terminate the unperformed part. The Partner pays for services already performed and irreversible commitments, and the unused part of any payment is refunded.

§ 17. Complaints Concerning Electronic Services

  1. A complaint concerning the B2B Account, the Website or an electronically supplied service may be sent to [email protected] or by post to Diamond Hub's address.
  2. The complaint should state the Partner's and User's details, a description of the event, when it occurred, the requested resolution and, where relevant, the Order number. Do not send a password or unnecessary data.
  3. Diamond Hub will acknowledge receipt of the complaint and respond within 14 days. If additional inquiries are needed, it will state the reason before that period expires and provide a final response no later than 30 days, subject to time limits and consequences under mandatory law.
  4. Product complaints are handled under § 12; complaints concerning the results of a design service are handled under the Individual Terms and, on matters not regulated there, this section.

§ 18. Suspension, Termination and Closure of the B2B Account

  1. The Partner may request closure of the B2B Account at any time. Closure does not cancel Confirmed Orders, payment duties, complaints, confidentiality or other obligations that by their nature survive the end of access.
  2. Diamond Hub may suspend or close the B2B Account if the Partner:
    1. materially or repeatedly breaches the Terms;
    2. provided false information or loses its verified business status;
    3. is late with a payment or initiated an unjustified payment reversal;
    4. creates a risk to security or of a breach of law, sanctions, third-party rights or circumvention of Diamond Hub;
    5. fails to provide information required for compliance verification; or
    6. has not used the B2B Account for at least 24 months.
  3. Unless there is an urgent risk, a legal requirement, suspected fraud or a material breach, Diamond Hub will first notify the Partner of the reason and allow at least seven days to remedy it.
  4. Before closing a B2B Account for inactivity, Diamond Hub sends at least 14 days' advance notice.
  5. Suspension of a B2B Account should not impede access to information needed to perform a contract already concluded, unless security or law requires otherwise; in that case Diamond Hub will provide a suitable alternative service channel.
  6. Closure of a B2B Account does not automatically terminate a paid continuous service unless the Partner also gives notice of termination under § 14 or the Individual Terms.

§ 19. Changes to the Terms

  1. Diamond Hub may change the Terms for a valid reason, including a change in law, company details, security, Website functions, the manner of placing Orders, payments, compliance requirements, production technology affecting tolerances or settlement rules, or the model of services provided.
  2. A change does not affect Confirmed Orders unless mandatory law requires otherwise or the Partner agrees.
  3. Registered Partners will receive notice on a durable medium of a change concerning the B2B Account or a continuous service at least 14 days before it takes effect. Before that date, the Partner may close a free B2B Account or terminate a continuous service under the Individual Terms.
  4. If a change materially worsens the conditions of a continuous service paid for in advance, the Partner may terminate the unperformed scope before the change takes effect, and the parties will settle for services already performed and irreversible commitments. This right does not apply to a change directly required by law or necessary to remove an urgent security threat.
  5. A change required by law or an urgent security threat may take effect earlier. Diamond Hub will explain the reason where law and security permit.
  6. An Order placed after a change takes effect is governed by the version accepted when that Order is placed. The current version and its effective date are available on the Website; previous versions are retained for evidence and made available to a Partner to whom they applied.

§ 20. Personal Data and Cookies

  1. The Privacy Policy describes the rules for processing personal data, purposes, legal bases, sources, recipients, retention periods and the rights of natural persons.
  2. For data processed for its own verification, B2B Accounts, Orders, settlement, security and compliance, Diamond Hub acts as a controller under the Privacy Policy. The Terms do not replace the data processing agreement required for a service in which Diamond Hub processes data on the Partner's behalf.
  3. Information about cookies, similar technologies and how to manage choices is available in the Privacy Policy or in a separate notice displayed on the Website.
  4. The Partner does not send passwords, special-category data or data unnecessary for the stated purpose through ordinary forms. The Partner's customer data may be transferred only through an agreed secure channel and within the scope of an appropriate legal basis and, where required, a data processing agreement.

§ 21. Final Provisions

  1. Polish law governs the Terms and contracts with Diamond Hub.
  2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply unless the Individual Terms expressly provide otherwise.
  3. The Terms set out the basic conditions of sale and provision of services within Poland. Delivery or provision to another country requires Individual Terms consistent with §§ 11 and 13.
  4. The parties will first try to resolve a dispute amicably. If that does not succeed, the dispute will be determined by a court with jurisdiction under generally applicable law, unless the parties have validly agreed on another jurisdiction in a separate agreement in the form required by law.
  5. Notices relating to performance of the contract may be given through the B2B Account or to the last email address provided, unless the Terms, Individual Terms or law require another form. The Partner is responsible for keeping its address for service current.
  6. If a provision is invalid or ineffective, the remaining provisions remain in force and the parties will apply a lawful solution as close as possible to the economic purpose of the original provision.
  7. The Terms are made available free of charge before a contract is concluded in a manner that allows them to be obtained, stored, reproduced and retained.
  8. The Polish version of the Terms is binding unless the Individual Terms expressly provide otherwise.