CONDITIONS OF SALE and delivery
CONDITIONS OF SALE
Boutique, e-Boutique, Jeweltech Customer Relations Center
Last update: 2022 - 23
We may change these Terms of Sale at any time. Therefore, please check them regularly in order to be kept informed of updates. The latest version of these Terms of Sale will always be available on the Platforms. Any new version of these Conditions of Sale will take effect immediately on the date of publication and will govern all orders for products or services placed from this date. Any changes to the Terms of Sale after you place an order will not affect that order or your relationship with us, unless required by applicable law.
REGARDING JEWELTECH AND THESE TERMS OF SALE
These Conditions of Sale apply to all sales of Jeweltech products or services that you may order from our Selling Entity (as defined below), on the website and via any associated mobile or digital sites referring to these Conditions. (collectively, the “Platforms”) or by telephone via our customer relations center (the “Client Relations Center”).
CONDITIONS FOR THE PURCHASE
Only natural persons (and not legal persons) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have the legal capacity to enter into contracts; and (c) use a shipping address in the country(ies) we serve (as indicated by the Sales Channels), can order products. If you have not reached the age of legal majority or if for any other reason you do not have the legal capacity to enter into contracts, one of your parents or guardians must place your order on your behalf. , and he will be asked to accept these Conditions of Sale.
By placing an order, you represent and warrant that you are a bona fide customer and end user purchasing for your own use or the personal use of a third party, and that you will not ship, sell or otherwise distribute otherwise our products, or purchase our products or services for commercial purposes.
AVAILABILITY AND QUANTITY OF PRODUCTS
All orders placed are subject to availability and our acceptance of such orders. The products presented on the Platforms, which cannot be added to the basket, are not available for sale on the Platforms. The Customer Relations Center can provide more information regarding these products. For information regarding the ordering process, please refer to our Ordering Process article below.
Quantity limits may apply to orders of certain products. We reserve the right to refuse at any time, without notice, orders exceeding a certain number of authorized products.
ACCOUNT REGISTRATION AND VALIDATION OF VISITOR PURCHASES
To place an order, you can either register and create an online account, or place an order as a visitor without creating an online account. When you place an order as a visitor, we may still create an account in our internal systems to record your purchase(s).
PERSONALIZED SERVICES
Personalization services (for example, engraving or embossing) or other services may be offered on a selection of products. If you wish to have your product personalized, please provide the information requested in the Sales Channels.
We reserve the right to withhold or refuse acceptance of any order for personalized products or products accompanied by a message card containing statements that are unacceptable, illegal or contrary to our policies. It is your responsibility to ensure the accuracy of any notices you provide regarding the products to be personalised.
In addition, orders for personalized products are not cancellable and products that have been personalized to measure in any way cannot be returned to us for exchange or refund, such as as described in these Conditions of Sale. This clause does not affect your rights as a consumer (please see the article Manufacturer Warranty and your legal rights as a consumer for more information).
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ORDER PROCESS
The Platforms ordering process will include the following steps:
• Add to basket: once you have chosen a product, you can put it in your basket. You can then decide to continue shopping and add them to your basket (subject to availability and quantity limits). Placing an item in your shopping cart does not guarantee its availability at the time of purchase, which is only confirmed once you have received written order and shipping confirmation.
• Validation of visitor/my account purchases: when you are ready, you go to the
"validation", either as a visitor or through your registered account. You can also remove from the basket one or more product(s) that you have selected during the validation process.
• Delivery, verification and payment: during the validation process, you add and verify the details of your order and your personal information (in particular the e-mail address email address, shipping address, billing address and payment details). You should carefully review and confirm all details appearing on the order summary page before placing your order.
• Placing an order: you then tick the corresponding box and place your order.
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If an order is placed through the Customer Relations Center, the Jeweltech Ambassador will guide you through the above steps and verbally ask you to confirm your order details.
We reserve the right, in our sole discretion, to refuse, cancel or terminate orders at any time for reasonable cause. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute regarding payment for a previous order or if we suspect that you, in our sole discretion, are (i) engaged in fraudulent activity; or (ii) any other kind of breach of these Terms of Sale.
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PRICES, TAXES AND DELIVERY COSTS
Unless otherwise stipulated, all prices indicated on the product pages of the Platforms or indicated by the Customer Relations Center do not include sales taxes/VAT, and exclude delivery costs and all other taxes.
For all shipments to Switzerland, the VAT of the fiscal year will be added to the basket, for all orders outside Switzerland, the cost of the product is excluding VAT and it will be up to the carrier to charge you the costs of customs clearance in your country, including your country VAT.
The applicable currency will be updated according to the destination of the delivery after you have provided us with the delivery address and will be mentioned in your basket before you place your order. You should carefully check updated prices and applicable currency. Sales tax or use tax will vary depending on where the products are delivered.
Delivery costs are described, where applicable, in the Shipping Policy indicated below or on the Sales Channels. Delivery costs are not indicated on the product pages but will be added to the price of the product after you have chosen your delivery options. A summary of these charges will be provided before you are asked to confirm and place your order, and these charges will also appear in the emails we will exchange with you once you have chosen your delivery options.
We can offer a VAT refund mechanism if you decide to have the products delivered to Switzerland and, no later than thirty (30) days later, to export them outside of Switzerland under certain conditions. For more details, please contact our Customer Relations Center.
We reserve the right to modify prices and delivery costs at any time and without notice.
We ensure that product prices and delivery charges are correct at the time the relevant information was entered into the system or communicated to you via the Customer Relations Center. However, despite our reasonable efforts, it is always possible that the price of some of the products offered through our Sales Channels or the delivery costs may not be accurate. If the price of any of the products you order or the delivery costs are incorrect, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you provided during the order process, we will cancel the order and notify you in writing. If we accept your order in error and process it despite an error in the prices quoted or the delivery charges, we may cancel the supply of the product and refund any sums paid by you.
Please note that changes in applicable law between the date you place your order and the date you receive a written Order and Shipping Confirmation may change the taxes associated with your order. If the resulting change results in an increase in the taxes charged to you, we will contact you and ask you to reconfirm your order.
PAYMENT
We accept the means of payment identified as part of the ordering process via the Sales Channels. Depending on the means of payment, we may request additional information, including any particular form of identification.
When ordering on the Platforms, you will need to provide your payment details on the appropriate form. In the case of an order placed by telephone, you must provide your full payment details to the Customer Relations Center. All payment cardholders are subject to a validation check and authorization process by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you must contact them directly to resolve the problem.
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Other payment methods may also be subject to validation checks and payment system provider authorization. You expressly authorize us to perform security checks as we deem necessary, to occasionally transmit or obtain information (including updated information) about you to or from third parties, including but not limit, your payment card details, in order to authenticate your identity, validate your payment card, obtain initial payment card authorization and authorize individual purchase transactions.
The total amount of your purchase will usually be blocked on your payment card until your order has been dispatched, at which time an Order and Dispatch Confirmation will then be communicated to you and your payment card will be debited for the cost of applicable purchase.
When using Credit Card/Debit Card/PayPal/PayPal Express/Alipay/WeChat Pay as your payment method, the full amount of your purchase may be charged immediately after you place your order. Pre-payment does not affect your rights under these terms and conditions (including for example any right to reimbursement). Once your order has been dispatched, you will receive an order and dispatch confirmation. If we are unable to meet our shipping and/or delivery obligations as set out below, we will notify you by email and refund your pre-payment as soon as possible. For payments by credit card/debit card, the total amount of your purchase may be blocked on your payment card until your order has been dispatched. You will then receive an order and shipping confirmation, and your payment card will be charged the applicable purchase price.
If PayPal/PayPal Express/Alipay/WeChatPay is offered as a payment method, the total amount of your purchase may be deducted immediately after placing your order. Prepayments will not affect your legal rights under these Terms of Sale (including, for example, any right of refund). If we are unable to meet our shipping and/or delivery obligations set out below, we will notify you by email and refund the prepayment as soon as possible.
We may accept any bank transfer in payment of orders at our sole discretion. We do not charge commission for bank transfers for any order placed through the Sales Channels or the Customer Relations Center. However, some banking institutions may charge wire transfer fees. We require all orders paid by bank transfer and placed over the phone to be confirmed through an order approval process. We can acknowledge receipt of an order paid for by bank transfer, but the order will not be processed until payment has been received and we have confirmed its receipt by e-mail. If your wire transfer is not credited to our bank account within seven (7) days of placing your order, your order will be cancelled.
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ORDER ACKNOWLEDGMENT
Once you have made your selection and placed your order through the Sales Channels, you will receive an Order Acknowledgment (by email or otherwise, confirming the details of your order together with a reference number control). Take care to keep this order reference number, for any subsequent request or search for information concerning your order. This Order Acknowledgment does not constitute acceptance of your order. To confirm the order, we will carry out customary credit, fraud and security legal and related checks and, if satisfactory, then process your order. Upon receipt of the Order Acknowledgment, it is your responsibility to check it and confirm that it accurately reflects your ordering intentions. If you have any questions or concerns or if the Order Acknowledgment does not reflect your intentions, you should promptly contact the Customer Relations Center.
These Conditions of Sale will be given to you as soon as we acknowledge receipt of your order.
SHIPPING POLICY
We only accept orders for delivery to the country(ies) identified during the Order Process. Please note that we do not ship to certain addresses, such as military areas, certain restricted areas, collection points or PO boxes. For more information, please contact the Customer Relations Center.
In-store withdrawals can be offered free of charge in Switzerland. We will inform you by e-mail or telephone when the product is ready to be picked up in store.
If you order multiple products, we will only ship the order once all products are available (there will be no partial deliveries).
ORDER AND SHIPPING CONFIRMATION
We will send you an Order and Dispatch Confirmation in writing (by e-mail or otherwise) at the time of dispatch of your order. This Order and Dispatch Confirmation constitutes acceptance of your order by us, indicating the existence of a binding sales contract.
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DELIVERY
We will use reasonable efforts to ensure that delivery is made by the carrier within the estimated delivery time from the date of our written Order and Dispatch Confirmation, and in any case within thirty (30 ) days following this date, unless your purchase is for a product or service which will require additional delivery time as we have explained to you, for example in the case of products or services which we personalize or manufacture according to your instructions.
When placing an order through the Sales Channels, you have the option of choosing a particular delivery date offered on the Sales Channels. Such particular delivery date remains subject to our confirmation.
If the delivery of products is delayed by an event beyond our control, we will notify you as soon as possible and use our reasonable efforts to minimize the consequences of the delay. If we fail to deliver within thirty (30) days of the date of the written Order and Shipment Confirmation or such other time as we specify, you may contact the Customer Relations Center to cancel the relevant order and obtain a refund. sums that you have paid us on account in respect of any products that you have not received.
In all cases, your right to cancel an order and to receive a refund of the sums you have paid us on account for any products which you have not received constitutes your sole remedy if we do not deliver the order in question.
When assessing your delivery time, please take into account payment approval time, address verification, security checks and order processing. Please note that delivery is always subject to receipt of your full payment.
We will require a handwritten or electronic signature from you, or from anyone at the specified delivery address (unless you make other arrangements), to confirm delivery of each product, after which the risk and responsibility for the products you have purchased pass to you. If you have indicated a recipient other than yourself for delivery (for example, if it is a gift), you understand and agree that a signature of such recipient (or of a person at the address of delivery) constitutes proof of delivery and acquittal of the sales contract by Jeweltech, implying a transfer of responsibility to the address of the recipient, as if the product had been delivered to you. For certain categories of products, we reserve the right to deliver the products only to the person who is the intended recipient of the order as indicated on the label of the package, and to request an identity check for verification purposes at the time of delivery. Please call our Customer Relations Center for information.
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INVOICES
After ordering products through the Sales Channels, you will receive an invoice sent to you in writing (to your email address as a PDF attachment or otherwise).
RETURN AND EXCHANGE POLICY
Please click here for full details of our Returns and Exchanges Policy, which forms part of these Terms of Sale.
MANUFACTURER WARRANTY AND YOUR LEGAL RIGHTS AS A CONSUMER
We are committed to ensuring that each product strictly complies with our quality criteria and that it has passed all our controls, both technical and aesthetic.
If you wish to repair a product covered by the applicable Warranty, please refer to the applicable Warranty and call our Customer Relations Center for more information.
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Jeweltech provides the service of the legal guarantees of conformity and that relating to the defects of the thing sold which you could benefit from under the consumer code (articles L 217−4 to L217−16).
Based on the legal guarantee of conformity:
• you have a period of two years from delivery of the property to act;
• you can choose between repairing or replacing the item, subject to the cost conditions provided for in article L. 217-9 of the consumption ;
• you are exempted from providing proof of the existence of the lack of conformity of the good during this two-year period.
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The legal guarantee of conformity applies independently of any commercial guarantee granted.
You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and in this case, you can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1648 of the civil code.
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We remind you of the content of the following legal provisions:
Article L 217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.
Article L 217-5 of the Consumer Code: “The good complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
• if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model ;
• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
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2° Or present the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted”.
Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them.
Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect”.
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REPAIRS
For any repair request relating to a product ordered through the Sales Channels, please contact our Customer Relations Center.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, we disclaim and exclude all other terms, conditions and warranties relating to the products and Sales Channels, whether express or implied or otherwise, or arising out of any transaction, prior usage or trade practice.
Nothing in these Terms of Sale limits or excludes our liability for any liability which cannot be limited or excluded by applicable law. Subject to the preceding sentence, our entire liability to you under these Terms of Sale in respect of any order, whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages, shall in no event exceed one hundred percent (100%) of the price of the product(s) in your order.
Please note that in some countries consumer protection laws may not provide for certain exclusions or limitation of warranties or liabilities, and therefore some of the above exclusions and limitations may not apply to apply.
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GENERAL PROVISIONS
If any provision, or part-provision, of these Terms of Sale is held to be unlawful, void or unenforceable, such provision or part-provision shall be deemed not to form part of these Terms of Sale, and the legality, validity or character enforceability of the other provisions of these Terms of Sale shall not be affected, unless applicable law requires otherwise.
These Terms of Sale (and any related terms incorporated by reference) constitute the entire agreement and understanding between you and us with respect to the order of products or services, and supersede and replace all agreements, draft agreement, arrangements, covenants or ancillary contracts of any kind entered into by the parties, whether oral or written, with respect to such subject matter.
We decline all responsibility in the event of non-performance or delay in performance or non-compliance with our obligations under these Conditions of Sale, arising from any cause beyond our control.
Our waiver of any breach of any provision of these Terms of Sale shall not be construed as a waiver of any other or subsequent breach.
This contract is between you and us. No other person shall have any right to enforce any of its terms. However, if you purchase a product as a gift, the recipient of your gift will benefit from the applicable Guarantee.
CONTACT US
If you have any questions or comments regarding these Terms of Sale, or general inquiries, please contact us at the address and telephone number listed below.
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Jeweltech Sàrl - High Jewelery
info@jeweltech.ch | Tel: +41 22 343 69 37
39 Rue Eugène-Marziano, 1227 Geneva, Switzerland
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