General Conditions of Use

          Preamble

          These general conditions of use are concluded between:

               – the manager of the website, hereinafter referred to as “the Publisher”,
               – anyone wishing to access the site and its services, hereinafter called “the User”.

          1. Principes

          The purpose of these general terms and conditions is to provide a legal framework for the use of the website www.danielgruszow.ch and its services.

          The website www.danielgruszow.ch is a service of:

  • Sole proprietorship Daniel Gruszow SARL
  • located Rue Kléberg 14, 1201, Geneva, Switzerland
  • URL address of the site: www.danielgruszow.ch
  • e-mail: info@danielgruszow.ch
  • telephone number: +41796186646, +41796096889

          Any User must accept the General Terms and Conditions of Use, and his access to the site signifies acceptance of these terms.

          2. The Evolution and Persistence of Common Use Circumstances

          These basic terms and conditions of usage remain in effect indefinitely. The contract becomes binding on the User with the first usage of the service.

          The site www.danielgruszow.ch has the right to change the terms of these general terms and conditions at any time and without notice.

          3. Site Accessibility

          Any user with an internet connection can visit www.danielgruszow.ch for free and from any location. The Publisher is not liable for any fees made by the User in accessing it (internet connection, computer equipment, etc.).

          The Publisher reserves the right to interrupt or suspend the site and its different services, particularly during maintenance, without warning or explanation.

          The site provides the following services to its users: retail and wholesale of yellow, white, pink, and platinum gold jewellery, guidance, and maintenance assistance.

          The website has a paid membership area for registered users. These users will be able to gain access by using their connection identifiers.

          The following services are only available to members.

          4. Accountabilities

          The Publisher is not liable in the case of a failure, breakdown, problem, or interruption in operation that prevents access to the site or one of its capabilities.

          The User is solely responsible for the site connection equipment used and must take all necessary precautions to safeguard the equipment and data, particularly against viral assaults over the Internet. In addition, the user is completely responsible for the sites and data he examines.

          The Publisher cannot be held liable in the case of legal actions being brought against the User:

               – as a result of the use of the site or any service available over the Internet;

               – as a result of the User’s failure to comply with these general terms.

          The Publisher is not liable for any harm caused to the User, third parties, or the User’s equipment as a consequence of his connection or use of the site, and the User agrees to renounce any claim against the Editor as a result.

          If the Publisher is the subject of an amicable or legal action as a result of the User’s use of the site, it may seek compensation for all damages, amounts, convictions, and expenses that may result from this procedure.

          The User may post the following on the website www.danielgruszow.ch:

               – comments: The User agrees to make comments that are respectful of others and the law and acknowledges that these publications may be filtered or disallowed by the Publisher without explanation.

          By publishing on the site, the User grants the publishing company the non-exclusive and unrestricted right to represent, reproduce, adapt, edit, disseminate, and distribute its work, either directly or via a third party approved by the publishing company.

          However, the Publisher agrees to cite the member if his publication is used.

          5. Intellectual Property Rights

          The Intellectual Property Code protects all technical papers, goods, images, writings, logos, drawings, and films, among other things. When they are delivered to our clients, they remain the sole property of Daniel Gruszow SARL, the sole owner of the intellectual property rights to these papers, and must be returned to him at his request.

          Our customers agree not to use these papers in any way that may infringe on the supplier’s industrial or intellectual property rights, and not to reveal them to any third party unless expressly and earlier authorised by the Editor.

          6. Hyperlinks

          The construction of any hypertext connections to all or part of the site by the User is prohibited, unless prior written authorisation from the Publisher is obtained by email at the following address: info@danielgruszow.ch.

          The Publisher is allowed to decline this authorization without being required to defend its decision in any manner. If the Publisher offers its authorization, it is only temporary and may be revoked at any time, without the requirement of reason, at the Publisher’s expense.

          Any link must be withdrawn at the Publisher’s request in all situations.

          Any material available through a link to another site is not under the Publisher’s control, and the Publisher disclaims all responsibility for their content.

          7. Personal Data Security

          7.1 Information Gathered

          The following is the personal data gathered on this website:

               – account creation: while creating the user’s account, including the following information: name; first name; email address; phone number; address;

               – 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 about the user’s 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.

          7.2 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.

          7.3 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 enables a third-party website to access his data;

               – when the website employs service providers’ services 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;

               – if needed by law, the website may transmit data to react to claims filed against it and to 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 data is transmitted to a third party.

          7.4 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.

  • the right of access: they can exercise their right of access to obtain information about their data. In 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 data is wrong, they can request that the information be amended.
  • the right to data deletion: Users have the right to request that their data be 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

          7.5 Development of this clause

          The website retains the right to modify this personal data protection section at any time. 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.

          8. Cookies

          The website www.danielgruszow.ch may gather standard information automatically. Any information gathered inadvertently will only be used to track the volume, kind, and pattern of traffic on our site, to develop its design and layout, and for other administrative and planning objectives, as well as to improve the service we give to you in general.

          9. Applicable Law

          The buyer may resort to a conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

          These conditions of use as well as all questions and disputes related to the use of this site are subject to Swiss law, to the exclusion of private international law and the United Nations Convention on Contracts for the International Sale of Goods.

          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 other competent jurisdiction.

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