1. SCOPE OF APPLICATION AND CONTRACTING PARTIES
1.1. For the business relationship between Green World Diamonds AG, Zollikerstrasse 203d, 8008 Zurich, Switzerland, (hereinafter “Seller”) and the customer (hereinafter “Customer”) for transactions in the Online Store Switzerland (https://greenworlddiamonds.com/ch/de) (hereinafter “Online Store”) and/or the Seller via other channels, the following General Terms and Conditions shall apply in the version valid at the time of the respective order (hereinafter “GTC”).
1.2. Via links in the Online Store, the customer can call up the General Terms and Conditions when placing the order, save them on his computer and/or view them. It is the customer’s responsibility and is recommended by the seller to print out the GTC (for example as a screen print or after marking the website text).
1.3. The range of goods offered in the Online Store is aimed exclusively at consumers of legal age who have their habitual residence in the territory of Switzerland and can provide a delivery address in Switzerland. For the purposes of this provision, a consumer is any natural person who enters into a contract for a purpose which is intended for his or her private and/or family, non-commercial needs. Purchasing from 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. Other terms and conditions of the contract, in particular those which the customer declares to be applicable together with the acceptance of the contract, shall only be valid if and insofar as 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
In case of questions, requests or complaints, the customer may contact the seller’s customer service: Green World Diamonds AG, phone: +41 76 360 88 88, e-mail: email@example.com
3. CONCLUSION OF THE CONTRACT
3.1. The Online Store is merely an invitation to the customer to view offers and obtain information. The personal contact is mandatory, so that the desired product can be offered by the seller.
3.2. A binding order is only triggered when the customer has provided and confirmed all data required for the execution of the contract and has read and understood the General Terms and Conditions. An order is placed with a written return of the offer of the buyer. This is also accepted by email, as long as a personal conversation has taken place beforehand. For new customers, the order will only be executed when the purchase price is paid (received on our account) “Prepayment”.
3.3. After submitting the order, the customer receives an automatic order confirmation by e-mail, which once again reproduces the content of the customer’s order. This order confirmation does not represent an 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. In particular, an order may be cancelled or refused if there is a breach or suspected breach of these terms and conditions. Such a case exists, for example, if a customer did not pay for a previous order or if a missing credit card coverage had to be determined for a previous order. Cancellation of the order and rejection of future orders are also possible if a customer’s return rate is conspicuously high and does not improve despite being informed accordingly. Furthermore, the cancellation of orders is also permissible if a customer is suspected of being a commercial buyer and the customer is unable to refute this suspicion. In this context, a rejection of future orders is possible if it has become apparent or should become apparent that a customer is commercially reselling the ordered goods. The customer will be informed about cancellations and refusals by e-mail.
3.5. The contract is only concluded by the seller’s declaration of 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 foregoing shall also apply if the customer has already paid or instructed payment of the purchase price prior to conclusion of the contract on the basis of the selected method of payment. Should the contract not be 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, i.e. the e-mail with the invoice and the order confirmation. In this constellation, the refund is made to the extent of the goods that cannot be delivered.
3.7. If the order includes several articles, the contract is only concluded for those articles that are expressly listed in the e-mail with the invoice and order confirmation.
4. PRICES, SHIPPING AND DELIVERY
4.1. All prices stated in the Online Store are inclusive of the applicable statutory value added tax. The seller informs the customer of the shipping costs, if any, as well as any additional costs, e.g. for an express order, gift wrapping, in the order form immediately before the order is placed.
4.2. The seller reserves the right to change the prices of the offered items at any time. The respective price at the time of the order is valid.
4.3. Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. Delivery will only be made within Switzerland. The seller informs the customer of the delivery period, if applicable, during the ordering process and / or in the e-mail with the invoice and the order confirmation.
4.4. After the goods have been handed over to the carrier, the customer will receive a shipping confirmation from the respective carrier by e-mail, which contains a tracking code that the customer can use to track the delivery.
4.5. After receipt of the e-mail with the invoice and order confirmation, the customer is obliged to accept the goods. Change requests and cancellation orders can no longer be considered or will only be considered at the discretion of the seller and on a voluntary basis.
4.6. In the case of delivery to the address specified by the customer, visible differences in quantity must be reported to the transport company immediately upon receipt of the goods, and hidden differences in quantity 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 arrive at the customer despite confirmation of dispatch by the carrier or if the customer does not receive a message from the carrier within 2 days after order confirmation, the customer must contact the seller’s customer service immediately (see point 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 not binding. The same applies to indications relating to individual goods, since they are intended to provide information. We reserve the right to change the goods listed in the Online Store at any time without notice and to limit the quantity of goods available for purchase by any one customer.
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 time 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 shall inform the Customer of this without delay, stating the new expected delivery deadline, if applicable.
5.5. Delivery shall be made 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 as well as suspension of delivery by the manufacturer or sub-supplier, there shall be no delay in delivery. The Seller shall not be liable for delays in delivery caused by manufacturing companies or third parties.
5.6. 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. Should it become apparent after the conclusion of the contract that goods cannot be delivered either in part or in total for reasons for which the Seller is not responsible, the Customer shall be entitled to withdraw from the contract.
6. RIGHT OF REVOCATION
The seller does not grant the customer a contractual right of withdrawal. However, the warranty claims remain valid for the customer as a matter of course. The reason why the seller does not grant the buyer the right of return/cancellation is that all Green World Diamonds products are custom made for the customer. The products are not prefabricated and an individual selection or determination by the customer is decisive for the production. The products are clearly tailored to the personal needs of the consumer.
7. RESERVATION OF OWNERSHIP
Until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price), the Seller shall retain title to the delivered goods in any case. In the case of customers domiciled in Switzerland, the Seller shall be entitled to make a corresponding entry in the retention of title register.
8. PAYMENT MODALITIES
We will process your order immediately but only after receiving your payment.
You will receive payment details/instructions with the offer.
The Seller reserves the right to assign or pledge to third parties the due purchase price claims against the Customer arising in connection with deliveries of goods, including any due instalments, interest on arrears and reminder fees.
10. TRANSITION FROM BENEFIT TO HAZARD
10.1. The performance of the seller is a fate debt and is fulfilled with the handover to the transport company. After shipment, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. The seller shall not be liable for any fault on the part of the transport company used.
10.2. Any assumption of transport costs by the seller agreed in individual cases shall not affect the transfer of risk.
11. OBLIGATION TO EXAMINE AND GIVE NOTICE OF DEFECTS, WARRANTY
11.1. Deviations in the quality, colour, size, equipment or design of the goods which are customary in the trade or technically unavoidable and are due to the material do not constitute defects.
11.2. The customer is obliged to inspect the delivered goods as soon as it is feasible in the normal course of business and to notify the seller’s customer service department (see 2 above) immediately of any defects detected. If the customer fails to do so, the goods shall be deemed to have been approved. Approval shall be deemed to have been given in any case unless the customer lodges a complaint by e-mail with customer service within 8 days of delivery.
11.3. Defects which were not recognisable during proper inspection in accordance with the above paragraph must be reported immediately to Customer Service (see point 2 above) after discovery, otherwise the ordered goods shall also be deemed to have been approved with regard to these defects.
11.4. Before returning the goods, the customer must contact customer service (see point 2 above). This notification may be made at the same time as the notice of defects (see Clauses 11.2 and 11.3 above). Customer Service will advise the customer how to proceed. The defective goods are to be returned only after this notification if necessary. The transport costs incurred for any return shipment shall be borne by us. Goods returned by customers shall become the property of the seller again if the warranty is provided by means of a replacement delivery.
11.5. The seller provides warranty by remedying defects. This shall be done at the Seller’s discretion either by subsequent performance, i.e. elimination of a defect (rectification), or delivery of a defect-free item. If neither a subsequent performance nor a replacement delivery is possible, the performance of the warranty consists in the rescission of the contract. If a supplementary performance is not possible, the performance of the warranty consists in the rescission of the contract.
11.6. If the supplementary performance fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to price reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be they claims based on contract (Art. 97 ff. CO), tort (Art. 41 ff. CO), avoidance of the contract due to error (Art. 23 ff. CO), 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 in the context of the online store or the online shop. customer reviews published on our social media sites.
11.8. The above restrictions and shortening of time limits shall not apply to claims based on damage caused by the Seller, its legal representatives or vicarious agents:
- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty as well as fraudulent intent
- within the scope of a guarantee promise, if agreed upon
- insofar 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 defects to the transport company and immediately contact the seller. Failure to make a complaint or to contact us shall have no consequences whatsoever for the statutory claims and their enforcement, in particular the warranty rights (see, however, the obligation to give notice of defects in good time in Clauses 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.
13.1. The liability of the seller for slight negligence is excluded. The liability for auxiliary persons is completely excluded.
13.2 In particular, Seller shall not be liable for damage resulting from any of the following causes: (i) improper, non-contractual or unlawful storage, adjustment or use of the Goods, (ii) use of incompatible spare parts or accessories, (iii) force majeure, in particular damage caused by the elements, damp, falling, impact etc., for which Seller is not responsible, and official orders.
14. DATA PROTECTION
15. APPLICABLE LAW AND JURISDICTION
Swiss law is exclusively applicable. In relation to consumers, this choice of law shall apply only to the extent that the consumer is not deprived of the protection afforded to him by the mandatory consumer protection rules of the country in which he has his habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Any disputes arising out of or in connection with these General Terms and Conditions shall be subject to the jurisdiction of the competent court in Zurich.
(as of 5/18/2021)