1. Scope

Schwanenplatz AG operates the TimeVallée Boutique in Lucerne.

These General Terms and Conditions (hereafter referred to as the GTC) shall apply to all legal transactions concluded between Schwanenplatz AG, with its registered office in Lucerne, or one of its branch offices in Switzerland entered into the Commercial Register (hereafter referred to as TimeVallée Lucerne) and any of its customers, unless agreed otherwise in writing. These GTC shall prevail over any general terms and conditions of sale and/or any GTC of the customer.

For the purposes of this document, legal transactions shall include any product order / sale, individual customer order, production or sale or the provision of services to the customer by TimeVallée Lucerne, which legal transaction may be concluded on site, via online platform, in writing or by email.

Before a contract is concluded, the GTC shall be provided to the customer on site or otherwise brought to his/her attention or dispatched in writing or by email, or may be consulted and downloaded by the customer online. In concluding the contract, the customer confirms that he/she has consulted and consents to the GTC.

With regard to any legal transactions that require that the customer must be at least 18 years of age (age of majority) or represented by his/her parent or guardian, in concluding the contract the customer confirms that any such stipulation has been complied with.

Delivery abroad, i.e. outside Switzerland, is only possible for specific products designated by TimeVallée Lucerne.

2. Information concerning products, prices and costs

Pictures of products and product information provided online, in brochures or in similar materials are provided for illustrative purposes only and are non-binding. The same shall apply to details relating to individual products, as these are provided for information purposes. The only information with definitive status shall be that provided by the manufacturer (e.g. regarding the manufacturer’s guarantee), insofar as applicable in Switzerland.

Customer orders prepared according to drawings shall be produced by the jewellers, goldsmiths and watchmakers of TimeVallée Lucerne with the utmost care and in accordance with their own interpretation.

Prices indicated in brochures, online or within correspondence shall be deemed to include Swiss value added tax as well as the costs of packaging and transportation (including insurance premiums for transportation), unless any such costs are exclusively passed on to the customer at the time of the order. Any other applicable taxes as well as customs duties shall be borne by the customer.

TimeVallée Lucerne reserves the right to change prices at any time. The prices indicated to the customer in the order confirmation of TimeVallée Lucerne shall be final. These shall be set upon conclusion of the contract.

All information relating to availability and delivery periods is provided without any warranty as to its accuracy.

TimeVallée Lucerne reserves the right under all circumstances to cancel orders without stating reasons.

3. Conclusion of a contract, amendments and cancellation

3.1 Reservation for viewing

It is possible to reserve a product for no-obligation viewing at TimeVallée Lucerne. The reservation shall not imply the conclusion of any contract.

3.2 Conclusion of a contract

A contract shall be concluded in the event that the customer and TimeVallée Lucerne reach agreement concerning the scope of delivery and the price.

Any customer wishing to receive delivery abroad is advised to contact the TimeVallée Lucerne staff directly by email or telephone. Information may be obtained here: www.gubelin.com/timevallee

TimeVallée Lucerne shall contact the customer personally by email, telephone or in any other suitable manner. TimeVallée Lucerne shall send an offer to the customer by email or in any other suitable manner along with these GTC, indicating the deadline for acceptance. The customer must accept the offer and acknowledge the GTC within that deadline by email or in any other suitable manner. A contract shall only be concluded upon the dispatch by email of the order confirmation by TimeVallée Lucerne, which shall state with binding effect the delivery options and the price, after deducting any credit redeemed.

Any credit held by the customer, such as a discount code, voucher, etc., may only be redeemed once.

3.3 Amendment and cancellation of an order

TimeVallée Lucerne will accept any subsequent amendments to or the cancellation of a customer order at any time until the order confirmation is issued.

Once the order confirmation has been issued indicating actual availability for delivery as well as the price, the customer shall be obliged to accept the product and the services.

3.4 Right of withdrawal

There shall be no right of withdrawal or exchange for any products that have been specifically ordered, produced or modified for the customer, for special offers or for any products that are not brand new, as well as for products that were not purchased in the TimeVallée boutique, and consequently not at the Schwanenplatz AG.

The customer may return any other product within seven (7) calendar days of receipt of the product in return for another currently available product from the TimeVallée product range or for a voucher, both equal to the price paid, provided that the following prerequisites are (cumulatively) met:

a) For a product purchased at a shop:

• The product is in its original condition and is undamaged.

• The product and all accessories are present in the original packaging.

b) For a product purchased online, by WeChat or in any other similar manner:

• Return must be notified using the appropriate form.

• The product is in its original condition, i.e. in particular the seal, original strap, labels and protective films are in their original condition and undamaged.

• The product and all accessories are present in the original packaging.

4. Delivery deadline, non-delivery / non-collection

4.1 Delivery deadline

Notice of the delivery deadline shall be given by email, or the customer shall be contacted personally in any other suitable manner in order to agree on an individual delivery deadline. All delivery deadlines indicated or agreed upon shall be non-binding and approximate.

4.2 Non-delivery

In the event that delivery should become impossible (either entirely or in part) after an order confirmation has been issued indicating availability for delivery, the customer shall be informed promptly by email or in any other suitable manner. The customer shall be reimbursed exclusively the amount already paid by him/her. The customer shall not have any further claims on account of delayed delivery or non-delivery (see clause 9).

4.3 Non-collection

If the customer fails to collect the products prior to expiry of a subsequent period set for him/her, or declares during that period that he/she does not intend to collect them, TimeVallée Lucerne may withhold performance under the contract and claim damages due to non-performance. TimeVallée Lucerne shall be entitled to claim damages from the customer at its choosing, either as a lump-sum in the amount of 25% of the purchase price agreed upon or in the form of compensation for the losses actually incurred.

5. Delivery

Upon delivery to the address indicated by the customer, any evident quantity discrepancies must be reported immediately to the carrier upon receipt, and any latent quantity discrepancies must be reported in writing to TimeVallée Lucerne within five (5) calendar days of receipt of the goods. Any complaints concerning damaged or defective packaging or any partially missing goods must be reported immediately upon receipt. The provisions of clause 9 below shall apply in respect of defective products.

A valid residential or business address must be provided as the delivery address, and delivery abroad is only available for specifically designated products.

6. Payment and offsetting

In the event of the purchase of a product or service on site at TimeVallée Lucerne, payment shall be made either at the time of performance, for instance in cash or using a credit card, or in advance by bank transfer.

In the event of delivery abroad, payment shall be made in advance using the means of payment offered by TimeVallée Lucerne upon conclusion of the contract. At present, the customer may pay directly – for instance by credit card (Visa, Mastercard) or Six Payment. The amount shall be debited at the time of the order. It is also possible to obtain 0% financing for the purchase through a partner of TimeVallée Lucerne. The customer will be routed directly to the partner’s website in order to arrange this. A separate financing agreement shall be concluded between the partner and the customer. The purchase is concluded subject to the successful completion of this separate financing agreement. Irrespective of the payment method chosen, delivery shall only occur following receipt of payment of the full amount for the products ordered.

As a general rule, an advance payment of between 50% and 100% of the purchase price is due in respect of individual customer orders. This amount shall not accrue interest.

TimeVallée Lucerne shall set the customer a single grace period in the event of non-payment. TimeVallée Lucerne may charge a reminder fee of CHF 40.00 when doing so and may withdraw from the contract without any further formality if payment is not made prior to expiry of the grace period.

The customer shall not be entitled to offset any counterclaims of his/her own against the claims of TimeVallée Lucerne.

7. Reservation of title

Ownership of the product shall remain with TimeVallée Lucerne until payment has been made in full. Should the validity of this reservation of title be dependent upon any specific prerequisites or formal requirements (e.g. inclusion in a register), the customer hereby expressly consents to the filing of such an application by TimeVallée Lucerne. The customer further undertakes to fulfil the further prerequisites and formal requirements for the validity of the reservation of title.

8. Transfer of benefits and risks

In the event that a product is purchased on site at TimeVallée Lucerne, benefits and risks shall pass to the customer upon payment and the handover of the product.

In the event that a product is purchased through an online platform or in the event of delivery abroad, benefits and risks shall pass to the customer as soon as the shipment has been handed over to the carrier. If the shipment is delayed or becomes impossible through no fault of TimeVallée Lucerne, the risk shall pass to the customer upon notification that the product is ready to be shipped. The fact that TimeVallée Lucerne has agreed to cover transport costs (or any other costs) in the specific individual case shall not have any influence on the transfer of risk.

9. Warranty

9.1 Warranty period

Unless expressly agreed otherwise in writing, the warranty as provided for below shall last for two (2) years following the transfer of benefits and risks. Thereafter, all warranty rights shall lapse.

A new warranty period of two (2) years shall start to run for any parts, assemblies or entire products that have been repaired or exchanged.

9.2 Notice of defects and provision of defective products to TimeVallée Lucerne

The customer shall inspect the product for any evident defects immediately upon receipt. If the customer identifies an evident defect or thereafter any latent defect, he/she shall inform TimeVallée Lucerne in writing concerning the defect within five (5) calendar days of the discovery of the defect. The defect identified shall be described in as much detail as possible.

The defective product may be packaged ready for dispatch, enclosing a copy of the invoice and indicating the correct sender’s address, and handed in directly to the TimeVallée Lucerne branch. Otherwise, the product must be sent to TimeVallée Lucerne by post at the cost and risk of the customer. The original packaging must be included for both types of return. Acceptance of the product shall not imply acknowledgement of the defect. The defect objected to shall be examined by a specialist consulted by TimeVallée Lucerne.

9.3 Legal consequences in the event of defective products

TimeVallée Lucerne shall provide the Customer the same warranties that it receives from the respective manufacturers or suppliers. Time limits shall be determined in accordance with clause 9.1 above.

Subject to the guarantee terms and conditions of the manufacturer or supplier, the warranty shall be limited under all circumstances – at the choice of TimeVallée Lucerne – to the repair or replacement of any defective product or products. All of the foregoing shall be conditional upon the provision of timely notice concerning the defect.

Unless required otherwise by law, it is expressly stipulated that the customer shall not have any further rights under warranty, including in particular any right of rescission, to a reduction of the price or to compensation.

9.4 Disclaimer of warranty

Rights under warranty shall lapse in the event that either the customer or a third party fails to follow the operating or maintenance instructions for any product, makes any changes, replaces any parts or uses any consumable materials that are not compliant with the original specifications without having obtained the prior approval of TimeVallée Lucerne.

The same shall apply in relation to defects attributable to improper use, storage or handling of products, third party interference or the opening of products. The existence of any immaterial deviations from product information shall not trigger any rights under warranty.

No warranty is provided for ordinary wear and tear, consumable materials, accessories or associated batteries/accumulators. Any warranty claims of the customer may not be assigned to a third party without the prior written approval of TimeVallée Lucerne.

TimeVallée Lucerne declines all liability for any data loss following the handover of a data carrier or a product containing a data storage device. The customer shall bear individual responsibility for backing up and protecting his/her data.

9.5 Repairs not covered by the warranty

All costs relating to the rectification of defects affecting products that are not covered by the warranty shall be borne by the customer. TimeVallée Lucerne reserves the right to charge the customer for the costs of examining the defect claimed as well as shipping, transportation and any similar costs for products that do not have any identifiable fault.

10. Liability and disclaimer

TimeVallée Lucerne shall not incur any liability under either contract or tort – irrespective of the respective claim’s basis in law – under any circumstances for: (i) minor or moderate negligence; (ii) indirect losses, consequential losses or loss of profit; (iii) any failure to achieve savings; (iv) losses resulting from delayed delivery; or (v) any acts or omissions of the auxiliary agents of TimeVallée Lucerne.

TimeVallée Lucerne shall moreover not incur any liability for losses attributable to any of the following causes: (i) any storage, setting or usage of the products that is improper, in breach of contract or in breach of the law; (ii) the usage of incompatible replacement parts or accessories; (iii) the failure to maintain and/or any improper alteration or repair of the products by the customer or by a third party; (iv) force majeure, including in particular damage caused by natural hazards, dampness, dropping or impact, etc. for which TimeVallée Lucerne is not at fault, and governmental action.

11. Force majeure

All force majeure occurrences and any other events not resulting from fault such as disruptions to operations, traffic, transportation or energy supply, strikes, lockouts, epidemics or pandemics, etc. shall release the party affected from the contractual obligations concerned for the duration and to the extent of the respective effects. This shall also apply in the event that the circumstances concerned arise for suppliers of TimeVallée Lucerne.

12. Data protection

The Privacy Policy of TimeVallée Lucerne (Schwanenplatz AG) shall apply: https://www.gubelin.com/privacy-policy

13. Final provisions

13.1 Severability clause

Should any individual terms be invalid or incomplete or in the event that it is not possible to comply with them, this shall not affect the validity of the remaining terms. The Contractual Partners undertake to replace the invalid term by a permissible valid term that comes in substantive terms as close as possible to the original intention and the contractual purpose thereby pursued. The same shall apply in the event of any gaps in provision.

13.2 Right of amendment

TimeVallée Lucerne reserves the right to amend these GTC at any time. The version of the GTC that was valid at the time the individual contract was concluded shall apply.

The German version of the AGB shall be the sole binding version.

13.3 Applicable law

All legal relations between TimeVallée Lucerne and the customer shall be governed by substantive Swiss law. The rules on the conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not be applicable.

13.4 Place of jurisdiction

The ordinary courts of Lucerne, Switzerland, shall have exclusive jurisdiction over all disputes arising under the legal relationship between the customer and TimeVallée Lucerne. TimeVallée Lucerne shall be entitled to launch court action against the customer before the competent court of his/her place of residence or before any other competent court.

Lucerne, September 2023

1. Scope

Schwanenplatz AG operates the TimeVallée Boutique in Lucerne.

This Privacy Policy of Schwanenplatz AG, with its registered office in Lucerne, or one of its branch offices in Switzerland entered into the Commercial Register (hereafter referred to as TimeVallée Lucerne) sets out the company’s policies in relation to the collection and sharing of personal data.

We, TimeVallée Lucerne, undertake to treat your personal data in a responsible manner. It is accordingly self-evident for us that we should comply with the legal requirements laid down in the Swiss Federal Act on Data Protection (FADP), the Ordinance to the Swiss Federal Act on Data Protection (OFADP), the Swiss Telecommunications Act (TCA) and other provisions of Swiss data protection law. In addition, the provisions of the EU General Data Protection Regulation shall be complied with as regards the personal data of users from the European Union.

Please note that the information below may be reviewed and amended from time to time. We therefore recommend that you read this Privacy Policy on a regular basis. The actual data that are processed in the specific individual case and the manner in which they are used shall be determined essentially in accordance with the services agreed upon. The German version of this Privacy Policy shall be the sole binding version.

2. Description and scope of data processing

2.1 Newsletter

It is possible to sign up to a free newsletter from the Gübelin Group, to which Schwanenplatz AG belongs, providing you with information concerning new products, the Deeply Inspired magazine and similar news. In such cases, the personal data that you enter into the form at TimeVallée Lucerne when signing up for the newsletter will be transmitted to and stored by us. As part of the registration process, your consent to this type of data processing is obtained during the course of customer registration and reference is made to this Privacy Policy.

2.2 Written, digital or personal contact

Any personal data provided by the customer to TimeVallée Lucerne that are required for subsequent processing shall remain stored with us for any such usage. Data transmission occurs in unencrypted form at the risk of the customer.

The customer’s consent to data processing is obtained and processing occurs in accordance with this Privacy Policy.

No data are shared with third parties as part of this process. Data are used exclusively for the purpose of processing the conversation or providing on-site consultation. Any exception must be based on an explicit waiver by declaration of consent.

3. Purpose and legal basis of data processing

We process personal data in accordance with the provisions of the European General Data Protection Regulation and the Swiss Data Protection Act.

3.1 For compliance with contractual obligations

Personal data are processed for the purpose of the performance of our contracts with our customers or in order to take steps prior to entering into a contract. The purpose of data processing is determined primarily in accordance with the specific product or service supplied by us. The personal data thereby collected are used for instance for the overall processing of your purchase, including any separate warranty claims, technical administration, etc.

Further details concerning the purposes of data processing may be obtained from the relevant contractual documents and the Terms and Conditions of TimeVallée Lucerne.

3.2 On the basis of a balancing of interests

Where necessary, we process your data during actual performance of the contract and thereafter in order to uphold our own legitimate interests or those of third parties. Examples:

• consultation of and exchange of data with information agencies and other third parties (e.g. debt enforcement register, credit information agencies)

• review and optimisation of requirements analysis procedures for the purpose of direct customer contact

• advertising or market and opinion research

• assertion or defence of legal claims

• ensuring IT security and IT operation

• prevention and resolution of crime

• measures related to business management and the further development of products and services as well as our website

• We also collect personal data from publicly accessible sources for the purpose of customer acquisition.

3.3 On the basis of your consent

If you have granted us your consent to the processing of personal data for particular purposes, the lawfulness of this processing is based on your consent, unless we have another legal basis. Consent granted can be withdrawn at any time. This also applies to the revocation of any declarations of consent that were provided to us before the GDPR came into force. The withdrawal of consent does not affect the lawfulness of any data processed prior to such withdrawal.

3.4 In accordance with a legal requirement or in the public interest

As a legal entity, we are subject to all Swiss legal obligations, and must process and store your data in accordance with these.

4. Retention of your personal data

We only store your data for as long as is necessary in order to use tracking services in accordance with our legitimate interest and to provide our services that you request or to which you have consented.

We also process and store your data for as long as is necessary for the performance of our contractual obligations and compliance with legal obligations. Please note that the law requires us to retain certain data for a particular period of time. We block these data in our system and only use them in order to comply with legal requirements.

5. Disclosure of data to third parties

Within the context of our business activities as well as the processing and purposes described in this Privacy Policy, we share personal data with third parties or disclose personal data to them if there is a legal obligation or if consent has been granted for doing so, if disclosure is necessary for the assertion, exercise or defence of legal claims or for the performance of contracts and business activities or on the basis of your consent. These third parties that process these data for our or their own purposes or that could gain access to data within the ambit of their activities for us include in particular:

• companies associated with TimeVallée Lucerne, i.e. with companies of Gübelin Holding, Lucerne;

• service providers and processors appointed by us (these include for instance IT providers of website hosting, newsletter dispatch, analysis or social media services, technical IT support, operators with responsibility for data management, printers, advertising partners, fiduciary companies, auditors or law firms);

• logistics companies for the shipping of goods;

• credit institutions for payment processing;

• manufacturers of jewellery and watches as well as other business partners.

Data required for newsletter dispatch are provided to Mailchimp: the provider is Rocket Science Group LLC with its registered office in Atlanta, GA 30308, USA.

Personal data collected by you may also be shared with third parties in the event that the business is sold, assigned or transferred either entirely or in part, including the related customer data. In such an eventuality, we would oblige the buyer, assignee or transferee to process personal data in accordance with this Privacy Policy. Personal data may also be disclosed to third parties if we are obliged to do so by law, a court order or official regulations or if this is necessary to support criminal or judicial investigations or other legal investigations or proceedings in Switzerland or abroad.

6. Transfer of personal data abroad

We are entitled to transfer your data to third-party companies abroad, if this is necessary for the execution of your orders, if permitted by law or if you have granted your consent to us. If the level of data protection in a country is considered not to be adequate from a Swiss perspective or for the purposes of the EU General Data Protection Regulation, we shall conclude a contract to ensure that your personal data are protected at all times in accordance with Swiss legislation or the EU General Data Protection Regulation.

7. Security

We make use of technical and organisational security measures that appear appropriate to us in order to protect your data stored by us against manipulation, full or partial loss or unauthorised third-party access. Our security measures are being continually adapted in line with technological developments. Personal data are transmitted in encrypted form. Although absolute protection cannot be guaranteed, the Gübelin website and other systems are protected by technical and organisational measures against loss, destruction, access, alteration or processing of personal data. We also take our own in-house data protection very seriously. We have obliged our employees and contracted service providers to maintain secrecy and adhere to data protection legislation. In addition, access to personal data is only granted to the extent necessary.

8. Options and rights of data subjects

You have various choices when using the Gübelin website. You can decide not to provide any personal data whatsoever by not filling in any relevant forms or data fields on our website and not using any of the personalised services available. If you decide to provide any personal data, where provided for under the applicable law you have a right of access as well as a right to rectification, restriction of processing, erasure and data portability as well as a right to object in relation to your personal data.

8.1 Right of access

You can request confirmation from the controller as to whether personal data concerning you are processed by us.

In the event of any such processing, you can ask the controller to access the following information:

• the purposes for which personal data are being processed;

• the categories of personal data that are being processed;

• the recipient or categories of recipient to which personal data concerning you have been or are being disclosed;

• the planned duration of storage of personal data concerning you or, if specific information concerning them is not available, criteria for establishing the duration of storage;

• the existence of a right to the rectification or erasure of personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;

• the existence of a right to complain to a supervisory authority;

• all available information concerning the origin of the data, if personal data are not collected from the data subject;

• the existence of any automated decision-making.

You have the right be informed whether personal data concerning you are being transferred to a third country or an international organisation. In this regard, you may ask to be informed concerning appropriate guarantees in relation to the transfer.

8.2 Right to rectification

You have the right to obtain the rectification and/or to have incomplete data completed by the controller, where any personal data processed that relates to you are inaccurate or incomplete. The controller shall carry out rectification without undue delay.

8.3 Right to restriction of processing

You can obtain the restriction of processing of personal data concerning you under the following circumstances if:

• you dispute the accuracy of the personal data concerning you, for a period of time that enables the controller to review the accuracy of the personal data;

• processing is unlawful or you refuse to erase the personal data and instead request the restriction of usage of the personal data;

• the controller no longer requires the personal data for the purposes of processing, although does require them for the establishment, exercise or defence of legal claims; or

• if you have objected to processing and it has not yet been established whether the legitimate interests of the controller override your own interests.

8.4 Right to erasure

You can obtain from the controller the erasure of personal data concerning you without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

• the personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

• you withdraw your consent on which the processing is based and there is no other legal ground for the processing.

• you object to the processing and there are no overriding legitimate grounds for the processing.

• the personal data concerning you have been unlawfully processed.

8.5 Right to data portability

You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where:

• the processing is based on consent or on a contract; and

• the processing is carried out by automated means.

8.6 Right to object

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you.

The controller shall no longer process the personal data concerning you unless it demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

8.7 Right to withdrawal of consent under data protection law

You have the right to withdraw your consent under data protection law at any time. The withdrawal of consent does not affect the legality of processing carried out on the basis of consent up to the time of withdrawal.

9. Contact address

If you would like to contact us enquiring about how your personal data are used or to object to the processing of your personal data, please get in touch by writing to us at the following address: Schwanenplatz AG, Maihofstrasse 102, 6006 Lucerne, Switzerland. If you would like to contact us, please provide the specific data that we should rectify, update or erase for you. Please enclose appropriate personal identification. Enquiries concerning the erasure of personal data are subject to all legal and ethical reporting, archival or retention obligations that apply to us.

10. Information for children and parents

Our products are intended for an adult public. Minors, especially children under the age of 13, may not transmit personal data about themselves to us or register for a service. If we discover that such data have been transmitted to us, they will be deleted from our database. A parent (or legal guardian) of the child may contact us and request deletion or cancellation of the subscription. For this purpose we require a copy of an official document that identifies you as a parent or guardian.