General terms and conditions
Scope of Application and Validity of these General Terms and Conditions
These General Terms and Conditions (hereinafter: GTC) of the companies ELIZZA Switzerland GmbH & ELIZZA Schmuck GmbH (hereinafter collectively: ELIZZA) regulate the rights and obligations associated with the use of the website https://elizza.ch and all associated subdomains such as https://shop.elizza.ch and https://crm.elizza.ch (hereinafter: website) and the contractual relationship between ELIZZA its visitors and customers who are consumers (hereinafter: buyers). Consumers are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them.
Confirmation and amendment of these GTC
By using or accessing the Website, the Visitor agrees to these GTC. The Visitor reconfirms the GTC each time he logs in to the Website. ELIZZA reserves the right to make changes to these GTC at any time and to publish the current version on the Website. The members will be informed about essential changes within a reasonable period of time before they come into force. In doing so, ELIZZA will again point out the possibility of objection. If a member does not object to the validity of the new GTC after this information, the amended GTC shall be deemed accepted.
The version of the GTC valid at the time of the order is decisive in each case, which cannot be changed unilaterally for this order.
Conclusion of contract
Our offers in the online store are merely product and price information and do not constitute an offer in the legal sense. Only the online order of a product by the buyer by filling out the order form provided on our website and sending this form by clicking the button "Buy" represents a binding offer. A contract for the products specified in the order and thus a contractual obligation between and the buyer are concluded directly with the submission of said form.
After entering his personal data and selecting the desired payment method, the buyer submits a binding application to purchase the goods in the shopping cart by clicking the "Buy" button. However, the application can only be submitted if the Buyer accepts these contractual terms and conditions by clicking on the button "Accept GTC" and thereby incorporates them into his application.
After submitting the order, the Buyer will automatically receive a confirmation of receipt, which documents that the order has been received by ELIZZA. The Buyer may supplement or cancel the order only until it is processed at ELIZZA. If an order is supplemented, the original order shall be considered as the basis for calculation, on the other hand, possible special offers and discounts shall be taken into account at the time of supplementation.
ELIZZA is free to refuse orders in whole or in part without giving any reason. In this case the buyer will be informed and any payments already made will be refunded. Further claims are excluded, in particular no forwarding of the not available products takes place. Temporarily not available products can not be reserved. ELIZZA is entitled to withdraw after conclusion of the contract, if it turns out that the ordered goods cannot be delivered in full due to the fault of a third party.
The subject of the contract are the goods specified by the buyer within the framework of the order at the final prices stated in the online store. Errors and mistakes there are reserved, especially with regard to the availability of the goods. The quality of the ordered goods results from the product descriptions in the online store. Illustrations there may only inaccurately reflect the products and serve only as illustrative material. All dimensions are approximate, small deviations up and down are permissible.
Since a contract with ELIZZA is a contract for work and not a normal purchase contract, you have no right of withdrawal.
ELIZZA reserves the right to decide itself in exceptional cases whether a right of withdrawal is granted extraordinarily or not. A right of withdrawal will only be granted upon prior agreement in writing.
To exercise your right of withdrawal, you must inform us, ELIZZA Switzerland GmbH, [email protected], by means of a clear declaration of your decision to withdraw from this contract. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you.
You must return the goods to us or hand them over to us without delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
Return and exchange
In principle, there is no right of return on the products offered. If there is a right of return for a product, this is explicitly mentioned on the product page. Any right of return can only be exercised within the specified period and for unused goods. The goods must be returned in their original packaging and complete.
Condition of the returned products
We will check whether the returned product complies with the conditions of the return and exchange policy. If it does, the refund or exchange will be processed.
The products are new, unused as well as in perfect condition, wrapped in the protective material provided. We reserve the right not to accept returns if the product shows signs of wear, has been used or worn, or has been altered in any way from its original condition.
All returns are subject to strict quality control by us to ensure that returned products meet the above requirements. If products do not meet our QC standards, we will refuse to accept the return and resend the products to you. If the returned product passes QC, we will arrange for the applicable refund or exchange.
In the event of a breach of these Terms of Sale, we may refuse to accept the returned product and return it to you at your expense.
Products for which the return or exchange is excluded
Orders for products that have been personalized in any way or customized for you according to your specifications cannot be canceled and said products cannot be returned to us for exchange or refund. This includes, but is not limited to, products that have been engraved or embossed. We generally cannot return engagement and wedding rings, as the size, color and stones are individually composed and made for the customer.
You may return a product purchased through the Sales Channels to us for a refund if the return complies with these Terms and Conditions of Sale and, specifically, the right to cancel and the return procedure set forth above.
Only the purchaser is entitled to receive a refund of the purchase price. Under no circumstances will a person who received the product as a gift (i.e., a "gift recipient") be entitled to receive a refund. If you are the recipient of a gift and would like to return a product, please contact [email protected] to discuss your options.
If the return meets these terms of sale, we will refund the buyer within fourteen 14 days of receipt of the returned item, to the account/or payment method the buyer used for the original transaction. Except in the case of a shipment of a defective product made by us, the original shipping charges will not be refunded.
You may return a product purchased through the Sales Channels to us for exchange for another ELIZZA product if the return complies with these Terms of Sale and, specifically, the cancellation right and return procedure set forth above.
In any case, the sale of the returned product will be cancelled and a new order must be placed for the ordered product.
In the event that a product is returned for exchange for a cheaper product, the person making the return shall be entitled only to a refund or to receive a merchandise credit in the amount of the price difference.
If a product is exchanged for a more expensive product upon return, you will be responsible for the price difference.
Free products (e.g. Ring Sizer) are for private use only to measure ring size. Only one Ring Sizer will be provided per buyer. Orders of more than one Ring Sizer per buyer will be canceled without further notice.
Prices / Terms of payment
All stated prices are final prices including VAT and delivery & shipping costs. The purchase price payment is due upon conclusion of the contract.
The purchase price and shipping costs for the ordered goods can the buyer exclusively to the types specified in the online store.
In case of payment by bank transfer/advance payment, the buyer must transfer the order value to our account in advance. The shipment will be made only after receipt of payment. If the transfer of the purchase price and shipping costs is not received by us within fourteen days of the order, we are entitled to cancel the order.
The ordered goods remain our property until full payment of the purchase price.
Transfer of risk
If we ship the goods to the buyer, the risk of loss of or damage to the goods shall pass to the buyer when he or a third party named by the buyer who is not the carrier has taken possession of the goods. Taking possession is the same if the buyer is in default of acceptance.
We will deliver the ordered goods within approx. 8 weeks after receipt of order or deliver to the respective shipping company. We will inform the buyer immediately of any delays in delivery.
A delay in delivery does not entitle the buyer to cancel the order.
If the buyer is in default of acceptance, we are entitled to use the goods for other purposes.
Time deviations as well as the blocking of a certain delivery date are possible, especially on peak days with exceptionally high delivery volume, whereby any claims for damages as well as further claims of the buyer are excluded.
No deliveries will be made on Sundays and official national or cantonal holidays.
Delivery is generally free of charge.
The purchaser is obliged to notify us in writing of obvious defects within 14 days of receipt of the goods; to comply with the deadline, it is sufficient to send the notification within the deadline. The defects shall be described in as much detail as possible for the purchaser.
If a service provided by us is defective, the purchaser may demand subsequent performance. We shall provide subsequent performance within a reasonable period of time, i.e. either replacement delivery or removal of the defects. If the form of supplementary performance chosen by the purchaser is only possible at disproportionate expense, we shall be entitled to provide supplementary performance in the other form.
If the purchaser wishes to claim damages in lieu of performance in the event of a defect and the item is to be rectified, the rectification shall only be deemed to have failed after the second unsuccessful attempt. The legal cases of dispensability of setting a time limit remain unaffected.
If the Buyer notifies us of a defect which, according to our inspection, does not exist, and if the Buyer was aware of the non-existence of the defect at the time of notification or was mistaken about this due to negligence, the Buyer shall compensate us for the damage incurred. The Buyer shall be entitled to prove that the notified defect does exist. Within the scope of the above provisions, we shall in particular be entitled to demand reimbursement from the Buyer of the expenses incurred by us, for example for the examination of the item or the repair requested by the Buyer.
In all other respects, the statutory rights of the Buyer under the warranty/liability for defects shall apply. Possible warranties provided by us in addition improve the statutory rights. The buyer may contact us directly in the event of a warranty claim.
The limitation period for claims for defects and claims for damages due to defects - regardless of the legal basis - is uniformly two years.
The limitation periods applicable to claims for damages pursuant to para. 1 shall apply to all claims for damages against us in connection with the defect - irrespective of the legal basis of the claim.
However, the above limitation periods shall apply with the following proviso:
The limitation period for all claims for damages shall commence upon delivery.
ELIZZA makes its website available to any visitor for the purpose of obtaining information about ELIZZA and its activities. Furthermore, ELIZZA provides its visitors with an online store and allows anyone to purchase products from this catalog for a fee.
The ELIZZA web pages are, with exceptions, accessible worldwide.
Purpose / Goal
The purpose of ELIZZA is to distribute beautiful diamond jewelry to a select segment of customers.
The offer is valid as long as it is visible in the online store and/or the stock lasts. Price and assortment changes are possible at any time. The images shown in advertisements, brochures, in the online store, etc., as well as all information about the products are for illustrative purposes and are not binding. The specific information on the purchase contract is decisive.
The prices are in Swiss francs, including value added tax (VAT) or the respective currency indicated.
The price in the online store at the time of the order is decisive.
Ordered additional services that are subject to a charge will be listed separately in the shopping cart and on the invoice.
Our prices are net and are usually payable in advance. If a delivery is guaranteed on account, this is payable within 30 days. Reminder fees will be charged at a flat rate of CHF 20.
Retention of title
The ordered goods remain property of ELIZZA until full payment. ELIZZA is entitled to make a corresponding entry in the retention of title register.
ELIZZA is allowed to use the received personal data for obtaining credit information.
Right of use
There is no claim to registration, membership, use of the website or use of services of ELIZZA. In particular, ELIZZA is free to reject a registration at any time, or to exclude a member, to prohibit a use or to discontinue a service.
Principles for the use of the ELIZZA™ website
The member is obliged to keep secret the personal password given to him by ELIZZA in the context of his registration or created by himself and never to disclose or make it accessible to third parties.
The use of mechanisms, software or other scripts that could interfere with the proper operation of the website is prohibited. Members and non-members may not take any measures that could result in an unreasonable or excessive load on the infrastructure of ELIZZA. Members and non-members are prohibited from blocking, overwriting or modifying content generated by ELIZZA or interfering in any other way with ELIZZA's web pages.
Intellectual property rights of third parties (Intellectual property)
Offers, texts and pictorial representations, which a member publishes on the website in any way or form or communicates in any other way via the website, must not violate any intellectual property rights of third parties. The member may only use and publish pictures and texts on the ELIZZA website which he/she has created himself/herself or the use of which has been approved by the rights holder; this also applies in particular to text and picture material which is publicly accessible on another website.
Personal rights of third parties
Offers, texts and pictorial representations, which a member publishes on the website in any way or form or communicates in any other way via the website, may not violate any personal rights of third parties; in particular, they may not be offensive, obscene, defamatory, harassing, defamatory, disparaging, disparaging, damaging to reputation or similar.
Offers, texts and pictorial representations, which a member publishes on the web page in any kind and form or communicates in any other way over the web page, may not contain any form of advertisement for products, which this member does not offer at present or in the immediate future.
Use of content
The information about a member or non-member that can be viewed on the website or other information that ELIZZA may transmit in connection with offers may only be used in connection with the relevant offer.
Circumvention of the fee structure
It is forbidden to take actions that serve to circumvent the fee structure of ELIZZA.
If one or more of the following prohibited acts are committed, this may lead to measures being taken by website administrators.
Not allowed on ELIZZA are:
- Unauthorized commercial communication (e.g. spam).
- Access to content on the network using automated mechanisms (e.g. bots, robots, spiders, scrapers, etc.).
- Illegal structural distribution (e.g. pyramid schemes).
- Uploading viruses or other malware and malicious codes.
- Using an account on the website that belongs to a third party and no authorization has been given for it.
- Content that contains hate speech, is threatening or pornographic, incites violence or contains graphic or other violence.
- Using ELIZZA to perform any illegal, misleading, malicious or discriminatory actions.
- Perform any action that may block, overload or impair the proper working or appearance of ELIZZA (e.g. denial of service attacks) or interfere with any other functionality of ELIZZA.
- Support or encourage any violation of this statement or our policies.
Published contents, offers, categories
The copyrights and trademarks of ELIZZA may not be violated. Use of ELIZZA's trademarks, logos, etc. are allowed as long as they are not used commercially or it casts a, from ELIZZA's point of view, negative light on ELIZZA.
All information you provide on the website will be stored in ELIZZA's system and may not be shared or sold without your explicit consent, neither by ELIZZA nor by anyone else.
Right to contents and information
All rights to content and information released on the website remain the property of the creator. ELIZZA, as well as other companies and individuals, may not commercially use content protected by intellectual property.
Violation of the terms and conditions by a member
ELIZZA is authorized to warn a member if there are credible, concrete indications that this member has violated these GTC. In particular, ELIZZA is entitled to warn a member if there are credible, concrete indications that the member has willfully violated his contractual obligations. The right to exclude a member from the membership remains reserved.
Transfer of rights and obligations to third parties
ELIZZA reserves the right to transfer individual or all rights and obligations from these GTC to a third party or to have them exercised by a third party. The membership and all rights and obligations of the current or former member towards ELIZZA cannot be transferred by the member.
ELIZZA is only liable for direct damages caused by an intentional or grossly negligent own act of ELIZZA. A liability of ELIZZA for direct damages in case of slight fault - no matter on which legal ground - is explicitly excluded, subject to mandatory legal provisions. A liability of ELIZZA for indirect damages or for consequential damages - for whatever legal reason - is fully and expressly excluded.
Technical malfunctions, maintenance
ELIZZA is only liable for grossly negligent or intentionally caused temporary unavailability of the website, failure of individual or all website functions or malfunctions of the website. In particular, ELIZZA is not liable in case of slight negligence for technical problems due to which offers or applications are not accepted or are processed late or incorrectly. In particular, ELIZZA does not guarantee the conformity of the system time with an officially established time. The website of ELIZZA may be temporarily unavailable or only available to a limited extent due to maintenance work or other reasons, without the user or member incurring any claims against ELIZZA as a result.
Contents and offers
ELIZZA is not obliged to check the offers, ratings, and other information published by the members on the website and in particular does not assume any responsibility for:
- the truthfulness and otherwise correctness of offers
- the quality, safety, legality or availability of offered products
- the ability, authority and will of the individual member with regard to offering, purchasing, delivery, payment or other performance of the contract.
Members and third parties
In particular, ELIZZA shall not be liable for any damages incurred by Members or third parties as a result of the conduct of other Members or third parties in connection with the use or misuse of the Website.
ELIZZA does not warrant the timeliness, accuracy, legality, completeness or quality of the content of websites that can be accessed through links on the ELIZZA websites and disclaims any liability in this regard.
Cell phones and other devices
ELIZZA websites are available free of charge. As far as the data consumption of the internet connection is concerned, the guidelines of the respective provider apply.
Members are aware that the presentation of the offers on the mobile device may differ from that on the website. Nevertheless, members remain bound to their applications or a contract conclusion via mobile device in the same way as if they had made the application or the contract conclusion via website.
If other members, users or third parties assert claims against ELIZZA due to infringement of their rights by offers or contents published by a member or due to other use of the ELIZZA web pages by members or users, this member or user shall indemnify ELIZZA against all claims and shall also bear the costs of ELIZZA's legal defense (including court and attorney's fees).
Should individual provisions of these GTC be void and/or ineffective in whole or in part, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions that come as close as possible to the sense and purpose of the invalid and/or ineffective provisions in a legally effective manner. The same shall apply in the event of any loopholes in the provision.
Applicable law and place of jurisdiction
All disputes arising in connection with these GTC between ELIZZA and a (current or former) Member are subject to Swiss law. The place of jurisdiction is, subject to other legal provisions, Zurich, Switzerland.