General Terms and Conditions Webshop

Table of contents

1. Scope
2. Information on products, prices, availability and delivery times
3. Contracts: conclusion, amendment or termination
3.1 Conclusion of a contract
3.2 Customer’s right of cancellation
3.3 Changing orders, delivery delays
3.4 Customer’s request to cancel the contract
4. Delivery date and default of acceptance
5. Store pickup and delivery
5.1 Store pickup of products ordered
5.2 Store pickup of reserved products
5.3 Delivery
5.4 Packaging and transport costs
6. Payment and default
7. Reservation of title
8. Transfer of benefits and risks
9. Warranty 9.1 Warranty period
9.2 Notice of defects and delivery of faulty products to Gübelin
9.3 Legal consequences in the event of faulty products
9.4 Exclusion of warranty
10. Liability and exclusion from liability
11. Repairs beyond warranty claims
12. Other provisions
12.1 Data protection
12.2 Severability clause
12.3 Applicable law and jurisdiction

1. Scope

The webshop’s general terms and conditions (hereinafter referred to as the “E-Boutique GTC”) apply to all legal transactions conducted by Gübelin AG (hereinafter referred to as “Gübelin”) through the webshop.

The Webshop GTC shall be deemed to have been accepted by customers on ordering goods or services. The version valid at the time the order is placed is decisive. Any general conditions of purchase or different terms and conditions assumed by the customer are explicitly excluded.

Gübelin reserves the right to change the Webshop GTC at any time.

The offer of products and services of the online shop (hereinafter referred to as the “offer”) is directed exclusively at customers with a residence or a registered office in Switzerland or Liechtenstein.

Deliveries are therefore only made to addresses in Switzerland or Liechtenstein.

For all product orders requiring a minimum age of 18, the customer confirms her/his compliance with this statutory provision with his placement of the order.

2. Information on products, prices, availability and delivery times

Pictures of products in advertising, brochures, online store, etc. are for illustration only and are not binding. The same is true for information on individual products, as these only serve to provide information. Only the manufacturer's information is decisive (for example, concerning the manufacturer’s warranty) and is conditional on this being applicable in Switzerland.

Prices are in Swiss francs, including the currently valid rate of VAT (currently 8% VAT) and, where applicable, include advance recycling fees (“ARF”), exclusive of packaging and transport costs.

Orders placed through the online shop are subject to the price valid at the time the order is placed. Gübelin reserves the right to make price changes at any time.

The offer is valid as long as the product can be found using the search engine in the online shop and is subject to the availability of the product.

All information on availability and delivery times is without guarantee.

Gübelin reserves the right to cancel orders without stating its reasons for doing so.

3. Contracts: conclusion, amendment or termination

3.1 Conclusion of a contract

Gübelin confirms the receipt of orders by e-mail. A contract is only concluded following confirmation of the actual availability of products and the price by Gübelin, which is usually provided within five (5) working days.

3.2 Customer’s right of cancellation

Customers may revoke orders until the time when the delivery option and the price of the product are confirmed.

3.3 Changing orders, delivery delays

After confirmation of the actual delivery option and the price, the customer is obliged to accept the products and services.

Gübelin can accept subsequent changes to or cancellations of orders by the customer at its own discretion and charge an administrative fee of 25% of the cancelled order value, but no less than CHF 60.00 as well as any possible loss in value of the products cancelled since the order was placed.

If (partial) delivery of the product is impossible at confirmation of the actual delivery option and the price, the customer will be notified immediately via e- mail. If the customer has already paid, only this amount will be refunded without interest. If no payment is made, the customer is exempted from making payment. All other claims based on delays in delivery or failure to deliver are excluded (see §10).

3.4 Customer’s request to cancel the contract

Customers have no general right to return products ordered. For products which have not been customer-made and for which the right of return has been granted specifically, the customer may return the product within seven (7) calendar days from its receipt under the following conditions:

* the product is in its original state, i.e. in particular the seals, original cord, labels and protective films are in their original condition and undamaged;
* the product and all accessories are available in the original packaging.

4. Delivery date and default of acceptance

Details of the delivery date are sent by e-mail or the customer is contacted personally in any other suitable way to arrange an individual delivery date. All specified delivery dates are approximate.

If a customer refuses to accept the products or declares their unwillingness to accept the products after the expiry of an additional deadline, Gübelin may refuse to fulfil the contract and claim compensation for default. Gübelin is entitled to demand as compensation either a general 25% of the agreed purchase price or the replacement of the effective loss caused by the buyer.

5. Boutique pickup and delivery

5.1 Boutique pickup of products ordered

If a customer fails to pick up the products ordered from the boutique within fourteen (14) calendar days from the agreed date, Gübelin may terminate the contract (cancel) and charge the customer a handling fee of 25% of the order value, but no less than CHF 60.00 as well as any possible loss of value of the products ordered.

5.2 Store pickup of reserved products

Reservations for products that are not collected from the store within three (3) working days will be cancelled.

5.3 Delivery

On delivery to the address specified by the customer, visible differences in quantity must be reported in writing to the carrier immediately on receipt of the goods; concealed differences in quantity must be reported in writing to Gübelin within five (5) days after receipt of the goods. Complaints regarding damaged or defective packaging as well as a partially missing goods consignment must be reported immediately upon receipt.

The delivery address given must be in Switzerland or Liechtenstein. Any subsequent costs caused by giving other countries as delivery addresses will be charged in full to the customer.

5.4 Packaging and transport costs

All packaging and transport costs (incl. transport insurance premiums) are charged to the customer.

6. Payment and default

Basically, the following methods of payment are possible: credit card (Visa, MasterCard), PostFinance card, as well as store pickup with cash payment up to CHF 50’000.00. Payment shall be made exclusively in Swiss francs.

Payment must be paid in advance for orders in the online shop. The current fees charged to the client can be seen under “Payment Options”.

Payment is charged to the credit card when ordering. Cash payment is only possible in the case of a store pickup.

Delivery is only made following the receipt of payment to the total amount of the products ordered.

If a customer does not fully or partially meet their payment obligations, all outstanding amounts owed to Gübelin under any title are due immediately. Gübelin can demand this immediately and halt any further deliveries of products and services to the customer.

7. Reservation of title

Until full payment is made, all products remain the property of Gübelin. Gübelin is entitled and is herewith authorised by the client to make a corresponding entry in the registry of retention of title in its own name and in the name of the customer. Before full payment of the products ordered, a pledge, transfer of security, processing or alteration are not allowed without Gübelin’s express written consent.

8. Transfer of benefits and risks

The risk passes to the buyer when the shipment has been handed over to the person responsible for transport. If the delivery is delayed or becomes impossible through no fault of Gübelin, the risk with the notification of readiness for shipment is passed to the buyer. An assumption of the transport costs by Gübelin agreed in individual cases does not affect the transfer of risk.

9. Warranty

9.1 Warranty period

The warranty in accordance with the following provisions shall be two (2) years after delivery to the customer, unless expressly stated otherwise in writing. After this period, all warranty rights are no longer effective.

9.2 Notice of defects and delivery of faulty products to Gübelin

Customers must inspect products for obvious defects upon delivery. If a customer notes an obvious fault after delivery or if a customer notes a hidden fault later on, Gübelin must be informed in writing within five (5) days after the discovery of a fault. Faults should be described as far as possible.

If the product was purchased in a Gübelin boutique, the following applies to delivery:
The defective product can be handed in directly at a Gübelin boutique enclosing a copy of the invoice or sent at the customer’s expense registered post – with Gübelin’s prior written consent. For delivery by mail, the original packaging must be enclosed and the return number issued by Gübelin must be given.

If the product was purchased from the online shop, the following applies to delivery:
The defective product can be handed in directly at a Gübelin boutique enclosing a copy of the invoice, pre-packaged for postal dispatch and provided with the correct return address. Otherwise, the product must be sent to Gübelin by post at the customer’s expense and risk. The original packaging must be included with both types of delivery. Acceptance of the product does not mean that the fault has been recognised. Inspection of the alleged defect is carried out by the appropriate department at Gübelin.

A new warranty period of two (2) years starts for parts, assemblies or complete products that have been replaced.

9.3 Legal consequences in the event of faulty products

Subject to making a timely claim, customers’ rights are limited to the following:

At its own discretion, Gübelin has the right to rectify the faulty product or to provide the customer with a replacement for the faulty product.

Further claims by customers, in particular for compensation or satisfaction of any kind are fully excluded.

9.4 Exclusion of warranty

Warranty rights lapse if the customer or a third party fails to comply with the operating and maintenance instructions for the products or makes changes, if parts are replaced or consumables are used which do not meet the original specifications without Gübelin’s prior consent.

The same applies to defects attributable to improper use, storage and handling of products, unauthorised modifications and the opening of products. Insignificant deviations from the product specifications do not entitle the client to make a warranty claim.

A guarantee for normal wear and tear, for consumables, accessories and enclosed batteries or rechargeable batteries is excluded. Customer warranty claims may not be assigned to a third party without Gübelin’s prior written consent.

Gübelin assumes no liability for any loss of data when supplying a data medium or a product containing a data storage device. Customers are responsible for backing up and protecting their data appropriately.

10. Liability and exclusion from liability

Irrespective of the legal basis on which the claim is made, Gübelin cannot be held liable in any way for (i) slight negligence, (ii) indirect or consequential damage and loss of profit, (iii) unrealised savings, and (iv) damage based on delay, and (v) any acts or omissions on the part of Gübelin’s auxiliary persons whether arising in contract or out of contract.

Gübelin cannot be held liable for damage resulting from any of the following (i) improper, unlawful storage in breach of contract, improper adjustment or use of the products, (ii) the use of incompatible spare parts or accessories, (iii) a lack of maintenance or the improper modification or repair of products by the customer or a third party, (iv) force majeure, in particular elemental, damp, fall and impact damage, etc. for which Gübelin cannot be held responsible and orders by official authorities.

11. Repairs beyond warranty claims

Customers are responsible for all costs for the repair of defects in products that are not under warranty. For products which have no discernible defects, Gübelin reserves the right to charge the cost of the inspection of the alleged defect and its shipping costs to the customer.

12. Other provisions

12.1 Data protection

The data protection declaration is an integral part of the Webshop GTC. By agreeing to the Webshop GTC, the customer declares he has seen them and agrees to the data-protection declaration (www.gubelin.com/de/datenschutz).

Gübelin is entitled to process the information received about the customer with regard to the business relationship or in connection with this irrespective of whether it comes from the customer himself or from third parties under the relevant statutory provisions. Personal customer information will be treated confidentially and only shared with third parties in the context of a credit check.

12.2 Severability clause

Should individual terms of the Webshop GTC be declared invalid or ineffective, this does not affect the validity of the other terms and the Webshop GTC as a whole.

12.3 Applicable law and jurisdiction

All legal relations between Gübelin and the customer are subject to substantive Swiss law, excluding the conflict of laws. The Vienna Sales Convention is not applicable.

The ordinary courts of Lucerne, Switzerland are solely responsible for disputes arising from the legal relationship between the customer and Gübelin. Gübelin is entitled to take legal action against the customer at the competent court of the latter’s residence or at any other competent court.