General Terms of Sale
Preamble
These general terms and conditions apply to all transactions made through the website www.danielgruszow.ch.
www.danielgruszow.ch is a website owned by Daniel Gruszow.
- Daniel Gruszow SARL
- Rue Kléberg 14, 1201, Geneva, Switzerland
- Website URL: www.danielgruszow.ch
- Email: info@danielgruszow.ch
- Phone numbers: +41-796186646, +41-796096889
On the website www.danielgruszow.ch, you can buy yellow, white, and pink gold jewellery, as well as guidance and maintenance.
The customer verifies that he has read and accepted the general conditions of sale before to making his purchase. The confirmation of the order consequently implies consent to the general conditions of sale.
1. Principles
These general conditions reflect the parties’ whole set of duties. In this sense, the customer is understood to accept them unconditionally.
These general terms of sale apply to the exclusion of any other terms, including those that apply to purchases made in shops or through other methods of distribution and marketing.
They can be found at www.danielgruszow.ch and, if relevant, supersede any competing versions or documentation.
The vendor and buyer agree that these general terms will govern their whole relationship. The seller maintains the right, at any moment, to amend its general terms and conditions. They will be effective as soon as they are made available on the internet.
If a condition of sale is lacking, it is controlled by the practices in existence in the distance selling industry, the majority of whose enterprises are headquartered in Switzerland.
These general terms and conditions apply until December 31, 2030.
2. Content
These general conditions are intended to outline the parties’ rights and responsibilities in the context of the seller’s online sale of products to the buyer via the website www.danielgruszow.ch.
These terms and conditions only apply to purchases made on the www.danielgruszow.ch website. The delivery address might be in Switzerland, France, or any other nation where purchases are accepted.
The following things have been purchased:
Advice and upkeep for yellow, white, and pink gold jewellery.
3. Pre-contractual Details
Before purchasing and closing the agreement, the buyer acknowledges having received communication in a legible and understanding way of these general conditions of sale and all information linked to the article of the code. consumption.
The following information is clearly and understandably communicated to the buyer:
– the fundamental qualities of the product;
– the price of the good and/or the process of determining the price;
– if applicable, all additional costs of transport, delivery, or postage, as well as all other possible costs payable;
– in the absence of immediate execution of the contract, the date or deadline by which the seller undertakes to deliver the goods, regardless of their price;
– information relating to the seller’s identity, postal, telephone, and electronic contact details, and his activities, including those relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and procedures for implementing guarantees, and other contractual conditions.
4. Order
The buyer can place his purchase online, using the online catalogue and using the form that appears there, for any goods, up to the limit of available stocks.
If the product or items ordered are unavailable, the customer will be notified.
To validate the order, the customer must accept these general conditions by clicking where specified. He must also select an address and a delivery method before validating the payment method.
The transaction will be deemed final: – if the seller sends the buyer an e-mail confirming the acceptance of the order; – and after the seller receives a deposit of 40% of the price (in the event of a manufacturing order).
Any order involves acceptance of the pricing and product descriptions offered for purchase. Any disagreement on this topic will be resolved within the context of a hypothetical trade and the promises outlined below.
In some situations, such as non-payment, an erroneous address, or another issue on the buyer’s account, the seller maintains the right to restrict the buyer’s order until the issue is remedied.
If the buyer has any questions about the status of an order, he or she can contact +41 796186646, +41 796096889, on the following days and times: 7/24, or send an email to the seller at info@danielgruszow.ch.
5. Digital Signature
Proof of the buyer’s consent will be the online submission of the buyer’s credit card number and the final confirmation of the order:
– payment of amounts payable under the purchase order;
– signature and unequivocal acceptance of all operations performed.
In the case of fraudulent use of the bank card, the buyer is urged to contact the seller immediately at the following phone numbers: +41 796186646, +41 796096889, or by e-mail: info@danielgruszow.ch
6. Order Confirmation
The vendor sends an order confirmation email to the customer.
7. Transaction Proof
The computerised registers, which are retained in the seller’s computer systems under adequate security settings, shall be regarded proof of as the parties’ conversations, orders, and payments. Purchase orders and invoices are archived on a dependable and long-lasting medium that may be used as proof.
8. Product Specifications
These basic conditions apply to items that appear on the vendor’s website and are marked as sold by the seller. They are available subject to stock availability.
The products are described and displayed as precisely as possible. However, the vendor cannot be held accountable if errors or omissions occur in this presentation.
The product photos are not contractual.
9. Price
The vendor maintains the right to change its pricing at any moment but agreed to honour the current prices shown at the time of the order, subject to availability on that day.
Prices are given in Swiss francs. They do not include the delivery fees, which are paid separately and stated before ligation. The prices include the VAT that is in effect on the day of the order, and any changes in the applicable VAT rate will be automatically reflected in the pricing of the items in the online shop.
If one or more taxes or contributions, particularly environmental ones, are introduced or amended, either up or down, the effect may be passed on to the product’s selling price.
10. Payments Method
In the event bought is unavailable, the customer will be notified as soon as possible and will have the option to cancel his order. The buyer will then have the option of seeking either a refund of the amounts paid within 14 days of their purchase or exchange of the merchandise.
In the case that legally recognised entities refuse to authorise payment by bank card or in the event of non-payment, the seller maintains the right to discontinue any management of the order and any delivery. The seller, in particular, maintains the right to deny delivery or to honour an order from a customer who has not completely or partially paid a prior transaction or with whom a payment dispute is ongoing.
The payment is paid in full on the day of the order, on the following conditions:
– strike;
– twint;
– bank card;
– paypal;
Except for circumstances of force majeure or during periods of online shop shutdown clearly ad on the site’s main page, delivery timeframes will be as mentioned below, within the limitations of available inventories. Shipping timeframes begin from the date of order registration, which is reflected on the order confirmation email (after payment).
For delivery in Switzerland, the deadline is three working days from the day after the customer made his purchase, using the following methods: Fedex and FedEx The deadline will be 30 working days after the contract has been signed.
Delivery terms will be communicated to the customer on a case-by-case basis for deliveries in the DOM-TOM or another nation.
If the agreed-upon delivery date or deadline is not met, the buyer must, before terminating the contract, require the seller to do it within a reasonable extra period.
If the buyer does not get performance by the conclusion of this new time, he or she may freely terminate the contract.
The buyer must fulfil these consecutive procedures in writing on another durable media or by registered letter with acknowledgement of receipt.
Unless the seller has fulfilled in the interim, the contract will be regarded as ended up as n receipt by the seller of the letter or writing alerting him of this solution.
However, if the above-mentioned dates or deadlines form an essential element of the contract for him, the buyer may immediately terminate the deal.
In this instance, if the contract is cancelled, the seller is expected to return the buyer for all monies paid, no later than 14 days after the contract was ended.
If a product bought is unavailable, the customer will be notified as soon as possible and will have the option to cancel his order. The buyer will then have the option of seeking either a refund of the amounts paid within 14 days of their purchase or exchange of the merchandise.
12. Delivery Conditions
The transfer of actual custody or control of the items to the customer is referred to as delivery. The vendor delivers the requested items to the customer using the methods and deadlines indicated above.
Because the items are delivered to the address specified by the customer on the order form, the buyer must check that it is correct. Any package returned to the seller due to an inaccurate or incomplete delivery address will be reshipped at the expense of the customer. By completing the option offered on the order form, the buyer can request that an invoice be sent to the billing address rather than the delivery address.
If the buyer is not present on the day of delivery, the deliverer will leave a notice in the mailbox, allowing the product to be retrieved at the specified location and time.
If the original packing is damaged, ripped, or open at the time of delivery, the buyer must inspect the condition of the contents. If they are damaged, the buyer must refuse the product and make a reservation on the delivery note (package refused because opened or damaged).
Any delivery abnormality must be noted on the delivery note and in the form of handwritten reservations accompanied by the buyer’s signature (damage, missing product compared to the delivery note, damaged parcels, broken products, etc.).
When the buyer, or a person authorised by him, signs the delivery note, this verification is regarded as complete.
The buyer must then confirm these reservations by registered mail to the carrier no later than two working days after receiving the item(s), and send a copy of this letter to the seller at the address shown in the sion legal.
If the items must be returned to the vendor, a return request must be sent to the seller within 14 days after delivery. Any complaint sent after this period will not be considered. Only items in their original condition will be accepted for return (packaging, accessories, instructions, etc.).
13. Errors in Delivery
Any complaint of delivery mistake and/or non-conformity of the items in type or quality with respconcerningructions on the purchase form shall be filed with the seller on the same day of delivery, or at the latest on the first working day after delivery. Any complaint received after this time will be rejected.
The buyer may file a complaint in the following ways: – by phone at the following numbers: +41 796186646, +41 796096889; – by e-mail at the following address: info@danielgruszow.ch.
Any complaint not filed by the above-mentioned regulations and within the time restrictions will be ignored, and the seller will be released from any duty to the customer.
Upon receipt of the complaint, the seller will assign an exchange number for the product(s) in question and notify the buyer by e-mail. Only once the exchange number has been assigned can a product be exchanged.
In the case of a delivery or exchange error, any goods that have to be replaced or reimbursed must be returned to the seller in their whole and their original packing to the following address: Rue Kléberg 14, 1201, Genèva, Switzerland.
The vendor is responsible for return expenses.
14. Guarantee
14.1 Legal compliance guarantee
The seller ensures the conformity of the items supplied by allowing the buyer to request the legal guarantee of conformance provided for in the associated code and the consumer code.
In the case of the legal guarantee of conformance being implemented, it is reminded that:
– the buyer has two years from the date of delivery of the products to act;
– the buyer can choose between repairing or replacing the good, subject to the cost conditions specified in the consumer code;
14.2 Legal warranty against concealed flaws
According to the Swiss Civil Code, the seller is accountable for hidden flaws in the property sold. It will be the buyer’s responsibility to demonstrate that the deficiencies existed at the time of the property’s sale and are of such a kind that the property is unsuitable for the use intended. This assurance must be implemented within two years of the defect’s discovery.
The buyer has the option of terminating the transaction or reducing the price by Civil Code provisions.
14.3 Commercial assurance
The items supplied are also protected by a commercial guarantee, which ensures conformance ce and the recovery of the purchase price, as well as the replacement or repair of the goods. It does not cover defects produced by improper or defective usage, or those caused by a cause unrelated to the inherent attributes of the items.
15. Withdrawal Rights
The use of the right of withdrawal
According to the Consumer Code, the customer has 30 days from the date of delivery of his purchase to return any item that does not fit him and request an exchange or refund, with the except expenses, which remain the buyer’s obligation.
Returns must be made in their original state and complete (with packaging, accessories, instructions, and so on), allowing them to be resold in new condition, and must be accompanied by the purchase invoice.
Damaged, filthy, or unfinished items will not be accepted.
The withdrawal right can be exercised electronically by completing the withdrawal form available on this website. In this instance, the buyer will get an acknowledacknowledgementpt on a durable medium right away. Any alternative method of withdrawal declaration is acceptable. It must be clear and communicate the desire to withdraw.
If the right to withdraw is exercised within the specified time frame, the price of the purchased product(s) and shipping expenses are refunded.
The buyer is responsible for return fees.
The exchange (subject to availability) or refund will be provided within 14 days, and no later than 30 days, following the seller’s receipt of the items returned by the customer under the terms outlined above.
16. Event of Force Majeure
All circumstances outside the parties’ control that hinder the performance of their responsibilities under normal conditions are deemed grounds for exemption from the parties’ obligations and lead to their suspension.
The party who invokes the aforementioned conditions shall promptly notify the other party of their occurrence as well as their absence.
All irresistible events or situations, external to the parties, unforeseen, inevitable, beyond the parties’ control, and which cannot be stopped by the latter, despite all reasonable measures, will be regarded cases of as force majeure. In addition to the usual cases of force majeure or fortuitous events recognised by Swiss courts and tribunals, the following are expressly recognised as cases of force majeure or fortuitous events: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks, or difficulties specific to telecommunications networks external to customers.
The parties will meet to assess the impact of the occurrence and agree on the terms under which the contract’s performance will be resumed. If the occurrence of force majeure lasts more than three months, the damaged party may terminate these general terms.
17. Intellectual Property Right
The vendor retains ownership of the website’s content and is the sole owner of the intellectual property rights to this material.
Buyers agree not to use this content in any way; any entire or partial duplication of this content is likely to be a counterfeiting violation.
18. Computers and Liberties
The buyer’s personal information is required for the processing of his order and the creation of invoices.
They may be transmitted to the seller’s partners in charge of order execution, processing, administration, and payment.
The buyer has the right to permanent access, modification, rectification, and opposition to information about him. This privilege can be utilised under the criteria and methods outlined on the website www.danielgruszow.ch.
19. Non-validation in Part
If one or more of these general conditions are judged to be invalid or proclaimed to be so by a statute, regulation, or final judgement of a competent authority, the other stipulations will maintain their full force and extent.
20. Non-waiver Clause
The failure of one of the parties to take advantage of a violation of any of the duties referred to in these general conditions by the other party cannot be read as a waiver of the duty in the future.
21. Title
If any of the titles appearing at the top of the clauses and any of the clauses are difficult to read, the titles will be ruled non-existent.
22. Contractual Language
These basic terms and conditions are provided in French. If they are translated into one or more foreign languages, only the French text shall take precedence in the case of a disagreement.
23. Mediation and Conflict Resolution
In the case of a dispute, the buyer may use traditional mediation, particularly with the Consumer Mediation Commission or existing sectoral mediation groups, or any alternative conflict resolution approach (conciliation, for example). Our website contains the mediator’s name, contact information, and e-mail address.
To the exclusion of private international law and the United Nations Convention on Contracts for the International Sale of Goods, these terms and conditions of sale, as well as any problems and conflicts relating to the use of this site, are governed by Swiss law.
For issues relating to the use of this site, the regular courts of Geneva, Switzerland, have exclusive jurisdiction. Our firm may assert its rights against the client in the competent court of the customer’s home or any of the competent jurisdictions.
24. Applicable Law
These general terms and conditions are subject to Swiss legislation. The court of law is the competent court.
This is true for both the rules of content and the rules of form. If there is a disagreement or a complaint, the buyer will first contact the seller to reach an acceptable settlement.
25. Protection of Personal Data
25.1 Data collected
The following is the personal data gathered on this website:
– account creation: while creating the user’s account, provide his name; first name; email address; phone number; address; and password.
– connection: when a user connects to a website, the latter saves his surname, first name, connection data, use, location, and payment information.
– profile: using the website’s services allows you to fill up a profile, which may include an address and a phone number;
– payment: as part of the payment for the website’s products and services, the latter records financial data linked to the user’s bank account or credit card.
– communication: when a user uses the website to connect with other members, the data concerning communications are temporarily stored.
– cookies: Cookies are utilised as a part of the site’s operation. Cookies can be disabled in the browser settings by the user.
25.2 Personal data use
The personal data gathered from users is used to deliver the website’s services, develop them, and maintain a secure environment. The specific applications are as follows:
– the user’s access and use of the website;
– management of the website’s operation and optimization;
– organisation of the Payment Services’ terms of use;
– verification, identification, and authentication of the data transmitted by the user;
– proposal to the user of the possibility of communicating with other website users;
– providing user assistance;
– personalising services by displaying advertisements based on the user’s browsing history and preferences;
– preventing and detecting fraud, malware (malicious software or malicious software), and managing security incidents;
– managing any disputes with users;
– sending commercial and advertising information based on user preferences.
25.3 Disclosure of personal information to third parties
Personal data may be shared with third-party companies in the following circumstances:
– when the user uses payment services, the website is in contact with third-party banking and financial companies with which it has entered into contracts for the implementation of these services;
– when the user publishes information accessible to the public in the free comment areas of the website;
– when the user authorises the website of a third party to access his data.
– when the website employs the services of third-party vendors to provide user help, advertising, and payment services. As part of providing these services, these service providers have limited access to user data and are contractually obligated to handle it in compliance with the rules of the applicable legislation on personal data protection. employees;
– if needed by law, the website may transmit data to claims filed against it and comply with administrative and judicial proceedings;
– If the website is involved in a merger, acquisition, asset sale, or receivership proceeding, it may be forced to sell or share all or a portion of its assets, including personal data. Users would be notified in this instance before their personal transmitted to a third party.
25.4 Privacy and Security
To safeguard personal data from manipulation, deletion, and unauthorised access, the website employs organisational, technological, software, and physical digital security measures. It should be reminded, however, that the internet is not a perfectly safe environment, and the website cannot guarantee the security of information transfer or storage on the internet.
25.5 User rights implementation
Users have the following rights under personal data rules, which they can exercise by sending a request to the following address: info@danielgruszow.ch.
- the right of access: they can exercise their right of access to obtain information about their personal this scenario, before exercising this privilege, the website may require verification of the user’s identity to ensure its accuracy.
- the right to rectification: if the website’s personally wrong, they can request that the information be amended.
- the right to data deletion: Users have the right to request that they’re personally deleted in line with applicable data protection regulations.
- the right to restrict processing: users can request that the website limit the processing of personal data in line with the GDPR’s assumptions.
- the right to object to data processing: users have the right to object to their data being processed in line with the GDPR’s assumptions.
- the right to portability: users can demand that the website furnish them with their hat and they can transfer it to another website.
25.6 Development of this clause
The website retains the right to make modify this personal data protection section. If this personal data protection provision is changed, the website agrees to post the updated version on its website. The website will also notify users of the change through email at least 15 days before the effective date. If the user does not agree with the provisions of the revised personal data protection contract, he may delete his account.
