Terms and Conditions – diamondsforever.ch

1. SCOPE AND CONTRACTUAL PARTNERS

1.1. For the business relationship between Axello AG, Pfaeffikonerstrasse 15, 8834 Schindellegi, SZ, (hereinafter “Seller”) and the customer (hereinafter “Customer”) for transactions in the Online Store Switzerland (www.diamondsforever.ch) (hereinafter “Online Store”) and/or the seller via other channels, the following general terms and conditions apply in the version valid at the time of the respective order (hereinafter “Terms and Conditions”).

1.2. Using links in the online store, the customer can access the terms and conditions when ordering, save them on their computer and/or view them. It is the customer’s responsibility and is recommended by the seller to print out the terms and conditions (for example as a screenshot or after marking the website text).

1.3. The range of goods in the online store is aimed exclusively at consumers of legal age who have their habitual residence in Switzerland and can provide a delivery address in Switzerland. For the purposes of this provision, a consumer is any natural person who concludes a contract for a purpose intended for their private and/or family, non-commercial needs. Purchasing in the online store for commercial purposes is prohibited. In particular, the commercial resale and distribution of goods ordered via the online store is prohibited.

1.4. Different contractual conditions, including those which the customer declares to be applicable when accepting the contract, are only valid if and to the extent that they have been expressly accepted by the seller in writing.

1.5. The seller reserves the right to change these terms and conditions at any time.

2.CUSTOMER SERVICE

If you have any questions, requests or complaints, the customer can contact the seller’s customer service: Diamonds Forever, email : info@diamondsforever.ch

3.CONCLUSION OF CONTRACT

3.1. The online store merely represents an invitation to the customer to view offers and obtain information. Personal contact is essential so that the desired product can be offered by the seller.

3.2. A binding order will only be placed once the customer has provided and confirmed all the data required to execute the contract and has read and understood the general terms and conditions. An order is placed with a written return of the buyer’s offer. This is also accepted by email , provided a personal conversation has taken place beforehand. For new customers, the order will only be processed once the purchase price has been paid (received in our account) as “advance payment”.

3.3. After placing the order, the customer receives an automatic order confirmation by email, which once again reflects the content of the customer’s order. This order confirmation does not constitute acceptance of the offer, but merely documents that the order has been received by the seller.

3.4. The seller reserves the right to accept the order; The seller is not obliged to conclude a contract based on an order. An order may be canceled or rejected in particular if there is a violation of these General Terms and Conditions or if there is suspicion of such a violation. Such a case occurs, for example, if a customer did not pay for a previous order or a lack of credit card coverage was discovered for a previous order. Cancellation of the order and rejection of future orders are also possible if the return rate for a customer is noticeably high and does not improve despite appropriate information. Furthermore, cancellation of orders is also permitted if a customer suspects that they are a commercial buyer and the customer cannot refute this suspicion. In this context, rejection of future orders is possible if it turns out or should turn out that a customer is reselling the ordered goods commercially. The customer will be informed of cancellations and rejections by email

3.5. The contract is only concluded when the seller declares acceptance. The seller is entitled, but not obliged, to accept the customer’s order within 7 days of receipt by the seller. Acceptance is declared by the seller sending the customer an order confirmation

3.6. The above also applies if the customer has already paid or instructed payment of the purchase price before the contract is concluded due to the chosen payment method. If the contract is not concluded in this case for any reason, the seller will inform the customer of this after checking the order and refund the advance payment. If the contract is concluded for at least part of the ordered goods, the customer will be informed of this with the declaration of acceptance, ie the email with the invoice and the order confirmation. In this constellation, the refund will be made to the extent of the non-deliverable goods

3.7. If the order includes several items, the contract is only concluded for those items that are expressly listed in the email with the invoice and order confirmation.

4.PRICES, SHIPPING AND DELIVERY

4.1. All prices stated in the online store include the applicable statutory VAT. The seller informs the customer of any shipping costs that may arise as well as any additional costs, e.g. for an express order, gift packaging, in the order form immediately before placing the order.

4.2. The seller reserves the right to change the prices for the items offered at any time. The respective price at the time of ordering applies.

4.3. Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. Delivery only takes place within Switzerland. The seller may inform the customer of the delivery time during the ordering process and/or in the email with the invoice and order confirmation.

4.4. After the goods have been handed over to the transport company, the customer will receive a shipping confirmation by email from the respective transport company, which contains a tracking code that the customer can use to track the delivery.

4.5. After receiving the email with the invoice and order confirmation, the customer is obliged to accept the goods. Change requests and cancellation orders can no longer be taken into account or will only be taken into account at the seller’s discretion and on a voluntary basis.

4.6. When delivering to the address specified by the customer, visible differences in quantities must be reported to the transport company in writing immediately upon receipt of the goods or hidden differences in quantities must be reported to the seller in writing within five (5) days of receipt of the goods (see Section 2 Customer Service).

4.7 If a delivery does not reach the customer despite shipping confirmation from the carrier or if the customer does not receive a message from the carrier within 2 days of the order confirmation, the customer must immediately contact the seller’s customer service (see Section 2 above).

5.PRESENTATION OF THE GOODS, DELIVERY TIME, AVAILABILITY

5.1. Images of goods in advertising, brochures, in the online store, etc. are for illustration purposes only and are non-binding. The same applies to information about the individual goods, as these serve as informational purposes. We reserve the right to change the goods specified in the online store at any time and without prior notice and to limit the number of goods that a customer can purchase.

5.2. Individual goods shown in the online store cannot be ordered and purchased directly via the online store. Contacting the seller is mandatory so that the product can be tailored to the customer’s personal needs.

5.3. All information in the online store regarding the availability and delivery times of goods is without guarantee.

5.4. If the seller is unable to meet a delivery deadline for reasons for which he is not responsible (non-availability of the goods, e.g. due to force majeure), the seller will inform the customer of this immediately, if necessary, naming the new expected ones delivery time.

5.5. Delivery is subject to the condition of timely and proper self-delivery by the suppliers. In the event of force majeure such as strikes and other industrial action, riots, war, natural disasters or if the manufacturer or sub-supplier blocks delivery, there will be no delay in delivery. The seller is not liable for delivery delays caused by manufacturing companies or third parties.

5.6. The goods are available while stocks last. In exceptional cases, errors or corrections may occur, especially if several customers order the same goods at the same time. The seller is not liable for lack of stock or unavailability of goods.

5.7. If not all ordered goods are in stock, the seller is entitled to make partial deliveries. If, after conclusion of the contract, it turns out that goods cannot be delivered either in part or in whole for reasons for which the seller is not responsible, the customer is entitled to withdraw from the contract.

6.RIGHT OF WITHDRAWAL

The seller does not grant the customer any contractual right of withdrawal. However, the warranty claims remain valid for the customer. The reason why the seller does not grant the buyer the right of return/cancellation is that all Green World Diamonds products are tailor-made specifically for the customer. The products are not prefabricated and an individual selection or determination by the customer is decisive for their production. The products are clearly tailored to the personal needs of the consumer.

7.RETENTION OF TITLE

The seller reserves title to the delivered goods in any case until the respective invoice amount for a delivery has been paid in full (final and unconditional crediting of the total purchase price). For customers based in Switzerland, the seller is entitled to make a corresponding entry in the retention of title register.

8.PAYMENT METHODS

We will process your order immediately but only after receiving your payment.

You will receive payment details/instructions with the offer.

9.ASSIGNMENT

The seller reserves the right to assign or pledge to third parties the purchase price claims due from the customer in connection with the delivery of goods, including any due installments, interest on arrears and reminder fees.

10.TRANSFER OF BENEFIT AND RISK

10.1. The seller’s performance is a delivery obligation and is fulfilled upon handover to the transport company. After dispatch, the risk of accidental deterioration and accidental loss of the goods passes to the customer. The seller is not responsible for any negligence on the part of the transport company used.

10.2. An agreed assumption of transport costs by the seller in individual cases has no influence on the transfer of risk.

11.DUTY OF INVESTIGATION AND NOTIFICATION, WARRANTY

11.1. Customary or technically unavoidable material-related deviations in the quality, color, size, equipment or design of the goods do not constitute defects.

11.2. The customer is obliged to inspect the delivered goods as soon as possible in the normal course of business and to immediately report any defects to the seller’s customer service (see section 2 above). If the customer fails to do this, the goods are deemed to have been approved. Approval is deemed to have been given in any case unless the customer notifies customer service by email within 8 days of delivery.

11.3. Defects that were not recognizable during proper inspection in accordance with the previous paragraph must be reported to customer service (see point 2 above) immediately after they are discovered, otherwise the ordered goods are deemed to have been approved even with regard to these defects.

11.4. Before returning the goods, the customer must contact customer service (see section 2 above). This report can be made at the same time as the notification of defects (see sections 11.2 and 11.3 above). Customer service will inform the customer how to proceed. The defective goods may only be returned after this notification. The transport costs incurred for any return shipment are at our expense. Goods returned by customers become the property of the seller again if the warranty is based on a replacement delivery.

11.5. The seller guarantees that defects will be corrected. At the seller’s discretion, this is done either through subsequent performance, namely elimination of a defect (repair), or delivery of a defect-free item. If neither subsequent performance nor a replacement delivery is possible, the guarantee shall consist of cancellation. If supplementary performance is not possible, the warranty is subject to cancellation.

11.6. If subsequent fulfillment fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be they those arising from contract (Art. 97 ff. CO), tort (Art. 41 ff. OR), and challenges to the contract due to error (Art. 23 ff. OR.) etc.

11.7. The customer does not receive any guarantees in the legal sense. The seller assumes no liability for the descriptions of third parties, in particular other customers within the scope of the online store. Customer reviews published on our social media presence.

11.8. The above restrictions and shortened deadlines do not apply to claims due to damage caused by the seller, its legal representatives or vicarious agents:

in case of injury to life, body or health
in the event of intentional or grossly negligent breach of duty or fraud
as part of a guarantee promise, if agreed
as far as the scope of application of the Product Liability Act is opened.

12.TRANSPORT DAMAGE

If goods are delivered with obvious transport damage, the customer must immediately report such errors to the transport company and contact the seller immediately. Failure to make a complaint or contact us has no consequences whatsoever for legal claims and their enforcement, in particular warranty rights (however, see the obligation to report defects in a timely manner in sections 11.2 and 11.3). However, the customer helps the seller to be able to assert their own claims against the carrier or transport insurance.

13.LIABILITY

13.1. The seller’s liability for minor negligence is excluded. Liability for assistants is completely excluded.

13.2. In particular, the seller is not liable for damages that are attributable to one of the following causes: (i) improper, non-contractual or unlawful storage, adjustment or use of the goods, (ii) use of incompatible replacement parts or accessories, (iii) force majeure, in particular Damage due to natural causes, moisture, falls and impacts, etc., for which the seller is not responsible, and official orders.

14.PRIVACY

The collection and processing of personal data about the customer by the seller is explained in the data protection declaration. This forms an integral part of these General Terms and Conditions. The data protection declaration is available at: Privacy Policy

15.APPLICABLE LAW AND JURISDICTION

Swiss law applies exclusively. This choice of law only applies to consumers to the extent that the consumer is not deprived of the protection granted to him by the mandatory consumer protection regulations of the state in which he has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. The competent court in Zurich has jurisdiction for disputes arising from or in connection with these General Terms and Conditions.

(As of: January 11, 2024)

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info@diamondsforever.ch

Axello AG

Pfaeffikonerstrasse 15

8834 Schindellegi , SZ

Switzerland