GTC

(References to persons refer to all genders. For reasons of readability, only the masculine form is used.)

1. Prices, payment terms

The prices quoted by Kobler Goldschmied & Uhrmacher AG are in Swiss francs and include VAT. For custom-made and special items, a deposit specified in the quote is generally required, which must be transferred to the bank account specified by Kobler Goldschmied & Uhrmacher AG within five working days or paid by credit card or in cash against receipt.

1.1 E-shop:

– Every enquiry (order, reservation, selection) will be confirmed by Kobler Goldschmied & Uhrmacher AG by email.

– Payment: When placing an order, the customer will receive a confirmation of receipt and an invoice with payment details (amount, bank details). Payment must be made in advance within 5 working days. Ordered items will be reserved for a maximum of 10 days.

– Delivery will be made by post.

– Insurance: Insurance for postal delivery is not included in the purchase price.

– Reservations: Unless otherwise confirmed in writing, the reservation period is 10 days. Ordered items are reserved for a maximum of 10 days until payment is received. Reserved items can also be picked up in the store upon payment.

– Right of return: Purchased items cannot be returned (see also 4.1).

2. Retention of title, transfer of risk

All jewelry remains the property of Kobler Goldschmied & Uhrmacher AG until the price has been paid in full. Kobler Goldschmied & Uhrmacher AG is entitled to have the retention of title entered in the retention of title register at the customer’s place of residence. The risk is transferred to the customer upon conclusion of the purchase contract or, in the case of custom-made items, upon delivery of the jewelry.

3. Deliveries

Custom-made jewelry must be picked up at Kobler Goldschmied & Uhrmacher AG upon payment. Deliveries are made exclusively to addresses in Switzerland or the Principality of Liechtenstein. The risk is transferred to the customer when the jewelry is made available for shipment. All associated costs are to be borne by the customer.

4. Exchanges, warranty/guarantee

4.1 Exchanges for other jewelry or reversal of the purchase are generally not possible (no returns).

4.2 The customer must inspect the condition of the jewelry as soon as practicable in the normal course of business and notify Kobler Goldschmied & Uhrmacher AG of any defects. If the customer fails to do so, the jewelry shall be deemed to have been approved, unless the defects were not apparent during proper inspection. If defects only become apparent later, the customer must notify Kobler Goldschmied & Uhrmacher AG immediately after their discovery, otherwise the jewelry shall also be deemed to have been approved with regard to such defects. In any case, the warranty expires two years after the jewelry has been handed over to the customer.

4.3 The piece of jewelry must be returned to Kobler Goldschmied & Uhrmacher AG with the original proof of purchase and a description of the defect. Loss, damage, or natural wear and tear of the piece of jewelry are not covered by the warranty. In the event of defects, Kobler Goldschmied & Uhrmacher AG will decide whether the piece of jewelry should be replaced or repaired. Other claims such as rescission, reduction, or compensation are excluded. Uhrmacher AG will decide whether the jewelry should be replaced with a new item or repaired. Other claims such as rescission, reduction, or compensation are excluded.

5. Repair order, collection slip, return

5.1 For repair orders, Kobler Goldschmied & Uhrmacher AG will issue two copies of a collection slip upon receipt of the jewelry item. This must be signed by the customer. One copy must be handed over or sent to Kobler Goldschmied & Uhrmacher AG and the other must be kept by the customer. Kobler Goldschmied & Uhrmacher AG will endeavor to meet the agreed repair deadlines. However, delays do not entitle the customer to claim damages.

5.2 Jewelry will only be released upon direct payment and return of the collection slip. If the collection slip is lost or forgotten, Kobler Goldschmied & Uhrmacher AG reserves the right to release the jewelry only upon presentation of official identification and signed confirmation of acceptance of the jewelry.

5.3 After notification of readiness for collection has been sent to the address provided by the customer, the jewelry must be collected from Kobler Goldschmied & Uhrmacher AG within 6 months. If the item is not collected after six months, Kobler Goldschmied & Uhrmacher AG will send a reminder to the customer, provided that the customer’s name and address are known, and set a deadline for collection and payment of the jewelry, threatening disposal if it is not collected. However, Kobler Goldschmied & Uhrmacher AG is in no way obliged to investigate the customer’s name and address. Once the collection deadline has passed without action, Kobler Goldschmied & Uhrmacher AG shall no longer be liable and the customer alone shall bear the risk of destruction or loss of the jewelry. Kobler Goldschmied & Uhrmacher AG may then dispose of it at its own discretion. Any surplus from the private sale of the jewelry will be deposited in favor of the customer.

5.4 If an order cannot be carried out, the piece of jewelry will be returned to the customer in its current condition.

6. Complaints after repair

6.1 Complaints by the customer after repair must be reported to Kobler Goldschmied & Uhrmacher AG immediately, together with the proof of payment, at the latest within one year of receipt of the jewelry item. Late complaints cannot be considered.

6.2 Complaints will be carefully examined and responded to by Kobler Goldschmied & Uhrmacher AG. The further course of action (appropriate rectification, referral for assessment, etc.) will be determined in consultation with the customer.

7. Liability

Kobler Goldschmied & Uhrmacher AG excludes liability for impossibility of performance, positive breach of contract (poor performance), culpa in contrahendo, and tort, unless there is evidence of intent or gross negligence. Kobler Goldschmied & Uhrmacher AG accepts no liability for consequential damages.

8. Data protection and data security

Kobler Goldschmied & Uhrmacher AG undertakes to comply with the generally applicable provisions of data protection and data security and to handle the customer’s personal data responsibly. Kobler Goldschmied & Uhrmacher AG treats data relating to customers as strictly confidential and does not pass it on to third parties without the express consent of the customer, unless Kobler Goldschmied & Uhrmacher AG is required to do so by law or the disclosure is necessary to assert the rights of Kobler Goldschmied & Uhrmacher AG. The customer may object to the storage of their data at any time. Uhrmacher AG is required to do so by law or if the disclosure is necessary to assert the rights of Kobler Goldschmied & Uhrmacher AG. Customers may request information from Kobler Goldschmied & Uhrmacher AG at any time about the data stored about them and, if necessary, request the correction or deletion of this personal data. However, Kobler Goldschmied & Uhrmacher AG is legally obliged to retain certain data for a specific period of time. Such data must therefore remain stored until these periods have expired, but will be blocked in the system as far as possible.

9. Applicable law, place of jurisdiction

The business activities of Kobler Goldschmied & Uhrmacher AG and thus also the relationship between the customer and Kobler Goldschmied & Uhrmacher AG are subject to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and all conflict of law rules. The exclusive place of jurisdiction is Zurich. For the payment obligations of customers with foreign residences or places of business, Zurich is considered a special domicile and, within the meaning of Art. 50 para. 2 SchKG, the place of enforcement.

10. Code of Ethics

Kobler Goldschmied & Uhrmacher AG has signed the Code of Ethics of the Swiss watch and jewelry industry. The diamonds offered by Kobler Goldschmied & Uhrmacher AG come from legitimate sources that are not involved in conflict financing and are in accordance with United Nations resolutions. Kobler Goldschmied & Uhrmacher AG hereby guarantees, based on personal knowledge and/or written guarantees from the suppliers concerned, that these diamonds are conflict-free.