1. Scope of application
These General Terms and Conditions (hereinafter referred to as GTC) apply to all legal transactions of Victoria’s Gems with a customer, unless otherwise agreed in writing. These GTC take priority over any general terms and conditions of purchase and conditions of the customer.
Legal transactions are deemed to be product orders/sales, individual customer orders or the use of services by the customer at Victoria’s Gems which are concluded either on victoriasgems.ch webshop, in writing or by e-mail.
Prior to concluding the contract, the GTC will either be submitted or brought to the attention of the customer on site, sent in writing or by e-mail, or accessed and downloaded by the customer from the webshop. By concluding the contract, the customer confirms that he/she has read and accepted the GTC.
In the case of legal transactions that require the customer to be at least 18 years of age (legal age) or to be represented by their legal representatives, the customer confirms their compliance with this provision when concluding the contract.
Delivery abroad, i.e. outside Switzerland, is only possible for certain products defined by Victoria’s Gems.
2. Information on products, prices and costs
Images of products and product information in the webshop, brochures or similar are for illustration purposes only and are not binding. The same applies to information on individual products, as this is for information purposes only. Only the manufacturer’s information (e.g. regarding manufacturer’s warranty) is decisive, insofar as this is applicable in Switzerland.
Costs of packaging and transport in Switzerland are included in the price (including insurance premium for transport), unless the customer is explicitly charged certain costs when placing the order. Any further taxes, shipment abroad and customs duties shall be borne by the customer. Victoria’s Gems
reserves the right to change prices at any time. The prices stated in Victoria’s Gems order confirmation are decisive for the customer and are fixed at the time the contract is concluded.
All information about availability and delivery time is provided without guarantee.
In any case, Victoria’s Gems reserves the right to cancel orders without providing a reason.
3. Contract conclusion, amendment or cancellation of the contract
3.1 Reservation viewings
It is possible to reserve the product for a non-binding viewing in Victoria’s Gems store. Reservation shall not constitute the conclusion of a contract.
3.2 Contract conclusion
The contract is concluded when the customer and Victoria’s Gems agree on the scope of delivery and the price.
In the case of an order placed via the webshop, Victoria’s Gems will confirm receipt of the order by e-mail within 24 hours. This does not constitute conclusion of a contract. A contract is only concluded with the e-mail order confirmation from Victoria’s Gems (hereinafter order confirmation), in each case in particular with the actual delivery option as well as the price after deduction of any redeemed credit balance.
Any customer who wishes a delivery to be sent abroad shall send this request to Victoria’s Gems through the contact form available on the website or e-mail and Victoria’s Gems will contact the customer personally by e-mail, phone or any other appropriate means.The contract is only concluded when the e-mail order confirmation from Victoria’s Gems is received.
3.3 Changing and cancelling orders
Victoria’s Gems accepts retrospective changes to or cancellations of the customer’s orders up until the order confirmation is sent.
3.4 Right of revocation
Revocation and exchange are excluded for products which have been ordered on a special customer’s request (not being on stock)
For all other products, the customer may return the product in exchange for a credit note within fourteen (14) calendar days of receipt under the following conditions:
a) For a product purchased in a store:
- The product should not be damaged and should be in its original condition.
- The product should be returned in the original packaging.
b) For a product purchased via the webshop, Wechat or similar:
- The return must be registered using the appropriate form/ e-mail
- The product should be in its original condition, i.e. in particular the seal, original cord, labels and protective films should be in their original condition and should not be damaged.
- The product and all accessories should be returned in the original packaging.
4. Delivery date, delivery delay/default in acceptance
4.1 Delivery date
The notification of the delivery date will be sent by e-mail or, if necessary, the customer will be contacted in person by another suitable means to agree on an individual delivery date. All stated or agreed delivery dates are non-binding and are approximate. Victoria’s Gems is entitled to make partial deliveries.
4.2 Delivery delay
If Victoria’s Gems is unable to meet a delivery date, the customer will be informed immediately by e-mail or other appropriate means, possibly including notification of a new estimated delivery date. If the new delivery date is not acceptable to the customer or if the products are partially or entirely no longer available within the new delivery timeframe, both the customer and Victoria’s Gems are entitled to withdraw from the contract with regard to the affected products; any consideration already paid by the customer for the unavailable products will be refunded by Victoria’s Gems without delay and without interest. In any case, only the amount already paid by the customer will be refunded. Further claims by the customer, in particular due to delay in delivery or failure of delivery, are excluded.
4.3 Default of acceptance
If the customer refuses to accept the products or declares that he does not wish to accept the products after a grace period set for him has expired, Victoria’s Gems may refuse performance of the contract and claim damages for non-performance. Victoria’s Gems is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the actual damage incurred from the purchaser as damages.
5. Delivery
In the case of delivery to the address provided by the customer, visible differences in quantity must be notified to the freight carrier immediately upon receipt of the goods, and hidden differences in quantity to Victoria’s Gems in writing within five (5) days of receipt of goods. Complaints regarding damaged or defective packaging as well as partially missing goods must be reported immediately after receipt.
A valid residential or business address must be provided as the delivery address, and delivery abroad will only be carried out for specifically labelled products.
6. Payment and settlement
Payment for a product or service on site at a Victoria’s Gems store is to be made step by step, e.g. by cash or credit card, or in advance by bank transfer.
When purchasing a product via the webshop or for delivery abroad, payment must be made in advance using the payment method offered by Victoria’s Gems at the time the contract is concluded. Currently, the customer can pay directly by credit card, cash or TWINT. Regardless of the payment method chosen, delivery will only take place after receipt of payment for the total amount of the products ordered.
An advance payment of 50% to 100% of the sales price is generally due for individual customer orders. Interest is excluded.
Victoria’s Gems shall grant the customer a one-off grace period if payment is delayed. Victoria’s Gems is entitled to charge a reminder fee of CHF 40.00 and to withdraw from the contract automatically if the grace period expires without payment.
The customer is not entitled to offset Victoria’s Gems claims against counterclaims.
7. Reservation of title
The product remains the property of Victoria’s Gems until full payment has been made. If the validity of this reservation of title depends on special conditions or formal requirements (e.g. entry in a register), the customer hereby expressly agrees to an application for entry by Victoria’s Gems. Furthermore, the customer undertakes to fulfil the further conditions and formal requirements for the validity of the reservation of title.
8. Transfer of benefits and risk
When a product is purchased on site at a Victoria’s Gems store, the benefits and risks are transferred to the customer step by step upon payment and transfer of the product.
In the event of purchase of a product via the webshop or a delivery abroad, the benefit and risk shall pass to the customer as soon as the consignment has been handed over to the person carrying out the transport. If dispatch is delayed or becomes impossible through no fault of Victoria’s Gems, the risk shall pass to the purchaser upon notification of readiness for dispatch. An assumption of transport costs (or other costs) by Victoria’s Gems agreed in individual cases has no effect on the transfer of risk.
9. Warranty
9.1 Warranty period
Warranty expires after 5 days from receiving a product. It gives a customer time to check the condition of the product and to contact Victoria’s Gems. Products are always certified by GIA or other similar official certification center.
Because further usage of a product is unknown by Victoria’s Gems, warranty is excluded.
9.2 Notification of defects and delivery of defective products to Gübelin
The customer shall inspect the product for obvious defects upon delivery. If the customer finds an obvious defect after delivery or if the customer finds a hidden defect later, he must inform Victoria’s Gems of the defect in writing within five (5) days of its owning. The defect found must be described as far as possible.
The defective product can be handed in to a Victoria’s Gems store directly or packaged ready for dispatch by post with a copy of the invoice and with the correct return address. Otherwise, the product must be sent to Victoria’s Gems by post at the expense and risk of the customer. For both types of delivery, the original packaging must be enclosed. Acceptance of the product does not mean that the defect has been acknowledged. The examination of the claimed defect will be carried out by Victoria’s Gems .
9.3 Legal consequences of defective products
Victoria’s Gems offers the customer the same warranties that it receives from the manufacturers or suppliers. With regard to the deadline, sub-clause 9.1 above shall apply.
9.4 Exclusion of warranty
The warranty rights shall no longer apply if, without Victoria’s Gems prior consent, the customer or a third party does not follow the operating or maintenance instructions for the products, makes changes, replaces parts or uses consumables that do not correspond with the original specifications.
The same applies to defects resulting from improper use, storage and handling of the products, outside interference or the opening of products. Minor deviations from the product specifications do not trigger any warranty rights.
10. Liability and exclusion of liability
In no event shall Victoria’s Gems be liable for (i) slight or moderate negligence, (ii) indirect or consequential damage and loss of profit, (iii) unrealised savings, (iv) damages due to delay in delivery, and (v) any acts or omissions by Victoria’s Gems auxiliaries, whether contractual or non-contractual, regardless of the legal basis on which the claim is asserted.
Furthermore, Victoria’s Gems is not liable for damage that is attributable to one of the following causes: (i) improper, non-contractual or unlawful storage, adjustment or use of the products, (ii) use of incompatible spare parts or accessories, (iii) omitted maintenance and/or improper modification or repair of the products by the customer or a third party, (iv) force majeure, in particular elemental, moisture, fall and impact damage etc., for which Victoria’s Gems is not responsible, and official orders.
11. Force majeure
All events due to force majeure and other events beyond our control, such as operational, traffic, transport and energy supply disruptions, strikes, lockouts, epidemics or pandemics, etc., shall release the affected parties from their contractual obligations for the duration and scope of their effects. This shall also apply if the cited circumstances concern Victoria’s Gems suppliers.
12. Privacy policy
If you provide us with personal data of other persons (e.g. data of family members, acquaintances, friends), we assume that you are authorised to do so and that the data is correct. By submitting data about other persons, you confirm this. Please ensure that the other persons are informed about this Privacy Policy.
Every time the Victoria’s Gems website is visited, the web server automatically collects data and information from the computer system of the accessing computer. Your data is safe. We will not sell or use your data in any other circumstances than Victoria’s Gems transaction process.
Data is processed for the purpose of providing our services in the context of the performance of our contracts with our customers, including taking steps prior to entering into a contract, as well as post-contractual support. The personal data collected in this way is used, for example, for the entire rendering of our services, including any subsequent warranty claims, technical administration, etc.
We store your data only for as long as is necessary for the respective purpose and the fulfilment of our contractual and legal obligations, including statutory retention obligations (usually 10 years), or if you have given us your consent.
We will continue to process your data for as long as we have a legitimate interest in the storage. This may be the case in particular if we require personal data to enforce or defend against claims, for archiving purposes and to ensure IT security.
The Privacy Policy is not part of a contract with you. We reserve the right to amend this Privacy Policy at any time, in particular if we change the way we process data or if new legal provisions become applicable. The version published on this website is the current version; previous versions are replaced by the new version.
13.1 Severability clause
If individual provisions are invalid or incomplete or if it is not possible to fulfil them, the validity of the remaining provisions shall not be affected. The contractual parties undertake to replace the ineffective provision by a permissible, valid provision which comes closest to the original intention and the economic purpose pursued thereby in terms of its content. The same applies to any loopholes.
13.2 Right of modification
Victoria’s Gems reserves the right to change these GTC at any time. The version of the GTC valid at the time the individual contract was concluded shall apply.
13.3 Applicable law
All legal relationships between Victoria’s Gems and the customer are subject to substantive Swiss law, to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).
13.4 Place of jurisdiction
The ordinary courts of Lucerne, Switzerland, are exclusively responsible for disputes arising from the legal relationship between the customer and Victoria’s Gems . Victoria’s Gems is entitled to assert its rights against the customer before the competent court in its place of domicile or before any other competent court.