General terms and conditions of sale

General terms and conditions of sale

 

PREAMBLE

Any contract concluded commits the seller, DANIEL DE GUY SA, and the buyer, a consumer showing his willingness to acquire a good offered by the seller, in a sales contract.

The policy of the company provides as a golden rule the satisfaction of its customers. The promise, always kept until then, engages all the diligence and the conscience in the accomplishment of the promised services.

 The aim being the fulfilment of its customers' expectations, DANIEL DE GUY will be able to offer both creations made by its own jewellers, according to their ideas, and personal, unique, tailor-made creations, according to the customer's expectations and wishes.

 

 FIELD OF APPLICATION AND CONTRACTUAL PARTNERS

 Art. 1

For business relations between DANIEL DE GUY SA, Rue Centrale 5, 1003 Lausanne, Switzerland, and the customer for business in the Swiss online shop, https://www.danieldeguy.com, the following General Terms and Conditions of Sale apply in their version in force at the time of the order.

 Art. 2

The offer of goods in the online shop is exclusively intended for consumers of legal age who can provide a valid delivery address at their place of residence. Consumers within the meaning of these provisions are natural persons who enter into a contract for their private or family non-commercial purposes. Purchasing from the online shop for commercial purposes is prohibited. In particular, professional resale and distribution of the goods ordered in the online shop is prohibited.

 Art. 3

Any deviating contractual terms and conditions are only valid if they have been expressly accepted in writing by the Seller.

 Art. 4

 The Seller reserves the right to amend these General Terms and Conditions of Sale at any time.

 

 SERVICE DEPARTMENT

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CONCLUSION OF CONTRACT

 Art. 5

 The products found in the online shop do not represent an offer but an invitation to the customer to give an offer to conclude a purchase contract for the goods presented.

 Art. 6

 A valid order only comes into existence when the following two points are fulfilled in combination:

  1.  -the customer has entered all the data required for the execution of the contract
  2.  -he has confirmed that he has read these general terms and conditions of sale,
  3.  -that his data are correct and that his contact details correspond.

Once the order has been placed, it is considered as an offer to the seller for the conclusion of the contract.

 Art. 7

 After the order has been placed, the seller reserves the right to accept or refuse the order. There is no obligation to conclude a contract on account of the order.

 Art. 8

 The customer receives an e-mail confirmation of receipt of the order, presenting again the content of the customer's order. This confirmation of order receipt does not yet represent an acceptance of the offer.

 Art. 9

The contract comes into existence only by the express declaration of acceptance by the seller. Without being obliged to do so, the seller is entitled to accept the customer's order within 10 days after receipt of the order.

 Art. 10

Acceptance is declared, after payment, by sending an order confirmation by e-mail to the indicated e-mail address.

 Art. 11

 If the order consists of several items, the contract is only concluded for the items expressly indicated on the invoice and order confirmation sent by e-mail.

 Art. 12

An order may be cancelled or refused when there is a violation or suspected violation of these terms and conditions of sale. Such a case occurs when during a previous order the customer has not paid or a lack of credit card coverage has been noted.

Art. 13

Cancellation of orders and refusal of orders in the future are also possible if the return rate is particularly high with a customer and does not improve despite corresponding information. Furthermore, cancellation of orders is also justified if the customer is suspected of being a commercial reseller and the customer has not been able to dispel this suspicion.

Art. 14

If the customer has already paid the purchase price in advance and the contract is not concluded for any reason, the seller will inform the customer and reimburse the advance payment.

 

 PRICE, DISPATCH AND DELIVERY

 Art. 15

The prices shown in CHF in the online shop do not include shipping costs and any additional costs.

Art. 16

The seller reserves the right to modify the price of the items offered at any time. Only the price at the time of the order is authentic.

Art. 17

Unless otherwise agreed, delivery is made to the delivery address indicated by the customer. The seller shall communicate the delivery date, if known, to the customer, if necessary communicate an approximate delivery time.

No liability of the seller is accepted in case of impossibility to meet the deadline.

Art. 18

After handing over the goods to the carrier, the latter sends the customer a shipping confirmation by e-mail which includes a tracking code allowing the customer to follow the delivery.

Art. 19

The customer is obliged to accept the goods immediately upon receipt of the e-mail with the invoice and order confirmation. Modification wishes and cancellation requests can no longer be taken into account upon receipt of the confirmation email, or will only be taken into account at the discretion of the seller and to the seller's liking.

Art. 20

If a delivery despite the confirmation of dispatch by the carrier does not arrive at the customer's premises or if the customer does not receive any news from the carrier within two days of the confirmation of delivery, the customer must contact the seller's customer service department without delay.

Art. 21

All information on delivery times for goods in the online shop are non-binding.

Art. 22

If the Seller is unable to meet a delivery date for reasons that are neither objectively nor subjectively attributable to him, the Seller shall inform the Customer without delay, possibly stating a new delivery date. If the delivery period is not acceptable to the customer or if the goods are not available in whole or in part within the new delivery period, both parties to the contract shall be entitled to withdraw from the contract for the goods in question by reserving the services already provided mutually or unilaterally.

Art. 23

Delivery shall be made on the condition that the seller is delivered by the supplier in due time and in due form. There shall be no delay in delivery in particular in the event of force majeure such as strikes and other industrial disputes, riots, war, natural disasters as well as in the event of the manufacturer's or supplier's delivery being blocked. The Seller shall not be liable for delays in delivery caused by collaborating companies or third parties.

 

PRESENTATION OF THE GOODS, DELIVERY TIME, AVAILABILITY

Art. 24

Product images appearing online on the website are for illustration purposes only. Is reserved the right to modify to the seller, at any time and without prior notice, the products presented in the online shop and to limit the number of units per customer.

Art. 25

The goods are available until stocks last. In exceptional cases, in particular in the event of errors in the quantity announced online, incorrect corrections made, when several customers order the same goods at the same time, the seller is not responsible, in this type of situation, for stock shortages and the unavailability of goods.

 

RIGHT OF WITHDRAWAL

Art. 26

The seller grants the customer a contractual right of withdrawal within a peremptory period of 7 days in accordance with the following rules:

 

 

 

  1. The seller grants the customer a contractual right of return of his own free will.
  2. The aforementioned periods shall begin to run from the day on which the customer has taken possession of the goods ordered from the carrier.
  3. The customer has the obligation to notify the seller's after-sales service before a return, within the aforementioned period.
  4. The goods must be returned in new and unused condition. The goods must be returned in their original packaging with all protections, labels and stickers on the products as well as with all accessories and spare parts, unless there is a hidden defect. If the return is not carried out in accordance with these instructions, the seller is entitled to offset the value of the goods that have not been returned against the amount to be refunded to the customer. Compensation shall also take place if the goods are damaged on return due to the customer's fault.

 Art. 27

Excluded from the right of return are goods that are objectively or subjectively adapted to the personal needs of the customer. This applies in particular to individual engraving work, one-off modifications of the goods such as size, creations made to customer specifications.

Art. 28

Returns of goods should be sent to the following address:

 

DANIEL DE GUY SA

Rue Centrale 5

CH-1003 LAUSANNE

Art. 29

The customer bears the costs of returning the goods and the responsibility for the package. The stamped return label must also be used for insurance and liability reasons. When the customer does not use the stamped return label, he assumes responsibility for the returned goods for their full value.

Art. 30

The seller is in no way responsible for the facts of the buyer, loss, damage, sending to the wrong address or delays in delivery of the return. If he does not use the return label, the customer is himself responsible for the insurance and transport of the goods.

Art. 31

In case of return, the purchase price minus the additional costs, delivery and shipping costs shall be refunded to the customer. The refund shall be made by the same payment method as that used by the customer at the time of the order, unless otherwise agreed with the customer. Unless otherwise agreed, the refund is the only service provided by the seller upon return.

Art. 32

Refunds will only be made if the goods have arrived at the seller's premises and the seller has checked their quality. During the quality check, it is decided whether the goods are still in new condition or whether an impairment in value has occurred and must therefore be deducted from the refund.

 

RETENTION OF TITLE

Art. 33

The seller reserves ownership of the goods delivered, in any case, until delivery is made. For customers whose registered office is located in Switzerland, the seller is entitled to make a corresponding entry in the register of retention of title.

TERMS OF PAYMENT

Art. 34

For orders in the online shop, the customer has the methods of payment which are indicated on the site.

 

TRANSFER OF RISK PROFITS

Art. 35

The seller undertakes to transfer the articles, found in the order confirmation, to the carrier.

Art. 36

After dispatch, the risk of accidental deterioration and accidental destruction of the goods shall pass to the customer. The Seller shall not be liable for the faults of the commissioned transport company or of the customer.

Art. 37

Explicit assumption of transport costs by the seller in a particular case does not affect the transfer of risk.

Art. 38

If goods are delivered with obvious transport damage, the customer must notify the carrier immediately and contact the seller without delay. In the event of omission, a concurrent fault of the customer shall be deemed to exist.

 

OBLIGATION TO EXAMINE AND COMPLAIN, WARRANTY

Art. 39

Deviations in the quality, colour, size, equipment or design of the goods which are customary in trade or technically unavoidable do not constitute defects.

Art. 40

The customer is obliged to inspect the delivered goods as soon as the normal course of business permits and to report any defects to the seller's customer service department without delay. If the customer fails to do so, the goods shall be deemed to have been accepted. In any case, the delivery shall be considered as accepted if the customer does not lodge a complaint with the after-sales service within 3 days of delivery.

Art. 41

Hidden defects, which could not be discovered during a proper examination, must be reported to the after-sales service without delay after their discovery. In such cases, the goods shall be deemed to have been accepted as they are.

Art. 42

In the event of a defect, before returning the goods, the customer must contact the after-sales service. This contact can take place at the same time as filing a complaint.

Art. 43

The after-sales service will advise the customer on how to proceed. No returns will be accepted without this contact. Transport costs for a possible return and replacement costs are the responsibility of the seller.

Art. 44

The seller assumes the guarantee by rectifying the defects. To do so, he has the choice between :

  1.     repairing a defect
  2.     the delivery of a defect-free item (replacement delivery).

If neither subsequent performance nor a replacement delivery is possible, the guarantee shall consist of the cancellation of the sales contract.

Art. 45

If subsequent performance is unsuccessful, the customer is entitled to withdraw from the contract. In the event of a subsequent minor defect, the purchaser shall not be entitled to any reduction in price, unless otherwise agreed with the seller.

Art. 46

The seller is not obliged to assume the guarantee if, without prior approval of the seller, the customer or a third party does not follow the operating or maintenance instructions for the goods, makes modifications or changes parts. The same applies to defects resulting from improper use, storage or handling, external interventions and opening of the goods.

Art. 47

A warranty for normal wear and tear is excluded.

 

LIABILITY

Art. 48

Any liability of the seller for slight or gross negligence is excluded.

Art. 49

Liability for vicarious agents is excluded.

Art. 50

Unless otherwise agreed or subsequently approved by the Seller, his liability shall cease as soon as the goods are transferred to the deliverer.

 

DATA PROTECTION

Art. 51

In accordance with the provisions of the EU general regulation on data protection of 25 May 2018, DANIEL DE GUY undertakes to protect personal data.

All personal data is collected and treated with the strictest confidentiality by DANIEL DE GUY SA. The personal data collected from the elements entered by the customer is used exclusively to process the order in the best possible conditions and to propose suitable offers. Under no circumstances will personal data be rented, transferred or sold to third parties for purposes other than the execution of your order.

 

APPLICABLE LAW AND JURISDICTION

Art. 52

This Convention shall apply in priority.

Article 53

Alternatively, only Swiss law shall apply.

Art. 54

The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.

Art. 55

For any dispute arising from the goods or these general conditions of sale, the place of jurisdiction is Lausanne.