These General Terms and Conditions (hereafter referred to as the GTC) shall apply to all legal transactions concluded between Edigem Ltd., with its registered office in Lucerne, or one of its branch offices in Swit-zerland entered in the Commercial Register (hereafter referred to as Edigem) and any of its customers, unless agreed otherwise in writing. These GTC shall prevail over any general terms and conditions of sale and/or any GTC of the customer.
For the purposes of this document, legal transactions shall include any product order, the sale and manu-facture of any type of jewellery, the acceptance and implementation of (individual) customer orders (incl. property valuations) or the provision of services to the customer by Edigem, which legal transaction may be concluded on site, in an Edigem branch, via the online shop, in writing or by email, but not via online platforms.
Before a contract is concluded, the GTC shall be provided to the customer on site or otherwise brought to his/her attention or dispatched in writing or by email, or may be consulted and downloaded by the cus-tomer in the online shop. In concluding the contract, the customer confirms that he/she has consulted and consents to the GTC.
With regard to any legal transactions that require that the customer must be at least 18 years of age (age of majority) or represented by his/her parent or guardian, in concluding the contract the customer confirms that any such stipulation has been complied with.
Delivery abroad, i.e. outside Switzerland, is only possible for specific products designated by Edigem.
Pictures of products and product information provided in the online shop, in brochures or in similar mate-rials are provided for illustrative purposes only and are non-binding. The same shall apply to details relat-ing to individual products, as these are provided for information purposes. The only information with de-finitive status shall be that provided by the manufacturer (e.g. regarding the manufacturer’s guarantee), insofar as applicable in Switzerland.
Customer orders prepared according to drawings shall be produced by the jewellers, goldsmiths and watchmakers of Edigem with the utmost care and in accordance with their own interpretation.
Prices indicated in brochures, in the online shop or within correspondence shall be deemed to include Swiss value added tax as well as the costs of packaging and transportation (including insurance premi-ums for transportation), unless any such costs are exclusively passed on to the customer at the time of the order. Any other applicable taxes as well as customs duties shall be borne by the customer.
Edigem reserves the right to change prices at any time. The prices indicated to the customer in the order confirmation of Edigem shall be final. These shall be set upon conclusion of the contract.
All information relating to availability and delivery periods is provided without any warranty as to its accu-racy.
Edigem reserves the right under all circumstances to cancel orders without stating reasons.
It is possible to reserve a product for no-obligation viewing at an Edigem branch. The reservation shall not imply the conclusion of any contract.
A contract shall be concluded in the event that the customer and Edigem reach agreement concerning the scope of delivery and the price.
In principle, if an order is placed via the online shop, Edigem confirms the receipt of the order by automat-ic email within 24 hours. This shall not imply the conclusion of any contract. A contract shall only be con-cluded upon the dispatch by email of the order confirmation by Edigem (hereinafter referred to as order confirmation), in each case in particular with the actual delivery option and the price, after deducting any credit redeemed.
Any customer wishing to receive delivery abroad submits to Edigem the contact form published on the website (https://www.edigem.biz/contact). Edigem shall contact the customer personally by email, tele-phone or in any other suitable manner. Edigem shall send an offer to the customer by email or in any other suitable manner along with these GTC, indicating the deadline for acceptance. The customer must accept the offer and acknowledge the GTC within that deadline by email or in any other suitable manner. A con-tract shall only be concluded upon the dispatch of the order confirmation by Edigem, which shall state with binding effect the delivery options and the price, after deducting any credit redeemed.
Any credit held by the customer, such as a discount code, voucher, etc., may only be redeemed once.
Edigem will accept any subsequent amendments to or the cancellation of a customer order at any time until the order confirmation is issued.
Once the order confirmation has been issued indicating actual availability for delivery as well as the price, the customer shall be obliged to accept the product and the services.
There shall be no right of withdrawal or exchange for any products that have been specifically ordered, produced or modified for the customer, for special offers or for any products that are not brand new.
The customer may return any other product within fourteen (14) calendar days of receipt of the product in return for a credit of the price paid, provided that the following prerequisites are (cumulatively) met:
a) For a product purchased at a shop:
• The product is in its original condition and is undamaged.
• The product and all accessories are present in the original packaging.
• The terms in accordance with the separately published right of withdrawal on the website (Cancellation Policy) are adhered to.
b) For a product purchased via the online shop, by WeChat or in any other similar manner:
• Return must be notified using the appropriate form.
• The product is in its original condition and, except for the opened packaging, is undamaged.
• The product and all accessories are present in the original packaging.
• The terms in accordance with the separately published right of withdrawal on the website (Cancellation Policy) are adhered to.
Notice of the delivery deadline shall be given by email, or the customer shall be contacted personally in any other suitable manner in order to agree on an individual delivery deadline. All delivery deadlines indi-cated or agreed upon shall be non-binding and approximate.
In the event that delivery should become impossible (either entirely or in part) after an order confirmation has been issued indicating availability for delivery, the customer shall be informed promptly by email or in any other suitable manner. The customer shall be reimbursed exclusively the amount already paid by him/her without any interest. The customer shall not have any further claims on account of delayed delivery or non-delivery (see clause 9).
If the customer fails to collect the products prior to expiry of a subsequent period set for him/her, or de-clares during that period that he/she does not intend to collect them, Edigem may withhold performance under the contract and claim damages due to non-performance. Edigem shall be entitled to claim damag-es from the customer at its choosing, either as a lump-sum in the amount of 25% of the purchase price agreed upon or in the form of compensation for the losses actually incurred.
Upon delivery to the address indicated by the customer, any evident quantity discrepancies must be re-ported immediately to the carrier upon receipt, and any latent quantity discrepancies must be reported in writing to Edigem within five (5) calendar days of receipt of the goods. Any complaints concerning dam-aged or defective packaging or any partially missing goods must be reported immediately upon receipt. The provisions of clause 9 below shall apply in respect of defective products.
A valid residential or business address must be provided as the delivery address, and delivery abroad is only available for specifically designated products.
In the event of the purchase of a product or service on site at an Edigem branch, payment shall be made either at the time of performance, for instance in cash or using a credit card, or in advance by bank trans-fer. Edigem is free to offer additional payment methods according to its own needs or the customer’s needs (e.g. cryptocurrencies, TWINT, etc.).
As a general rule, an advance payment of between 50% and 100% of the purchase price is due in respect of individual customer orders. This amount shall not accrue interest.
Edigem shall set the customer a single grace period in the event of non-payment. Edigem may charge a reminder fee of CHF 40.00 when doing so and may withdraw from the contract without any further formali-ty if payment is not made prior to expiry of the grace period.
The customer shall not be entitled to offset any counterclaims of his/her own against the claims of Edi-gem.
Ownership of the product shall remain with Edigem until payment has been made in full. Should the validi-ty of this reservation of title be dependent upon any specific prerequisites or formal requirements (e.g. inclusion in a register), the customer hereby expressly consents to the filing of such an application by Edigem. The customer further undertakes to fulfil the further prerequisites and formal requirements for the validity of the reservation of title.
In the event that a product is purchased on site at an Edigem branch, benefits and risks shall pass to the customer upon payment and the handover of the product.
In the event that a product is purchased through the online shop or in the event of delivery abroad, bene-fits and risks shall pass to the customer as soon as the shipment has been handed over to the carrier. If the shipment is delayed or becomes impossible through no fault of Edigem, the risk shall pass to the customer upon notification that the product is ready to be shipped. The fact that Edigem has agreed to cover transport costs (or any other costs) in the specific individual case shall not have any influence on the transfer of risk.
The warranty for products that are not brand new is fully excluded. The customer buys and takes posses-sion of the products “as seen”.
Unless expressly agreed otherwise in writing, the warranty for products that are brand new as provided for below shall last for two (2) years following the transfer of benefits and risks. Thereafter, all warranty rights shall lapse.
A new warranty period of two (2) years shall start to run for any parts, assemblies or entire products that have been repaired or exchanged.
The customer shall inspect the product for any evident defects immediately upon receipt. If the customer identifies an evident defect or thereafter any latent defect, he/she shall inform Edigem in writing (electroni-cally or in text form is insufficient) concerning the defect within five (5) calendar days of the discovery of the defect. The defect identified shall be described in as much detail as possible.
The defective product may be packaged ready for dispatch, enclosing a copy of the invoice and indicat-ing the correct sender’s address, and handed in directly to an Edigem branch. Otherwise, the product must be sent to Edigem by post at the cost and risk of the customer. The original packaging must be included for both types of return. Acceptance of the product shall not imply acknowledgement of the de-fect. The defect objected to shall be examined by the corresponding department of Edigem.
Edigem shall provide the customer the same warranties that it receives from the respective manufacturers or suppliers. Time limits shall be determined in accordance with clause 9.1 above.
Subject to the guarantee terms and conditions of the manufacturer or supplier, the warranty shall be lim-ited under all circumstances – at the choice of Edigem – to the repair or replacement of any defective product or products. All of the foregoing shall be conditional upon the provision of timely notice concern-ing the defect.
Unless required otherwise by law, it is expressly stipulated that the customer shall not have any further rights under warranty, including in particular any right of rescission, to a reduction of the price or to com-pensation.
Rights under warranty shall lapse in the event that either the customer or a third party fails to follow the operating or maintenance instructions for any product, makes any changes, replaces any parts or uses any consumable materials that are not compliant with the original specifications without having obtained the prior approval of Edigem.
The same shall apply in relation to defects attributable to improper use, storage or handling of products, third party interference or the opening of products. The existence of any immaterial deviations from prod-uct information shall not trigger any rights under warranty.
No warranty is provided for ordinary wear and tear, consumable materials, accessories or associated bat-teries/accumulators. Any warranty claims of the customer may not be assigned to a third party without the prior written approval of Edigem.
Edigem declines all liability for any data loss following the handover of a data carrier or a product contain-ing a data storage device. The customer shall bear individual responsibility for backing up and protecting his/her data.
All costs relating to the rectification of defects affecting products that are not covered by the warranty shall be borne by the customer. Edigem reserves the right to charge the customer for the costs of examin-ing the defect claimed as well as shipping, transportation and any similar costs for products that do not have any identifiable fault.
Edigem shall not incur any liability under either contract or tort – irrespective of the respective claim’s ba-sis in law – under any circumstances for: (i) minor or moderate negligence; (ii) indirect losses, consequen-tial losses or loss of profit; (iii) any failure to achieve savings; (iv) losses resulting from delayed delivery; or (v) any acts or omissions of the auxiliary agents of Edigem.
Edigem shall moreover not incur any liability for losses attributable to any of the following causes: (i) any storage, setting or usage of the products that is improper, in breach of contract or in breach of the law; (ii) the usage of incompatible replacement parts or accessories; (iii) the failure to maintain and/or any improp-er alteration or repair of the products by the customer or by a third party; (iv) force majeure, including in particular damage caused by natural hazards, dampness, dropping or impact, etc. for which Edigem is not at fault, and governmental action.
All force majeure occurrences and any other events not resulting from fault such as disruptions to opera-tions, traffic, transportation or energy supply, strikes, lockouts, epidemics or pandemics, etc. shall re-lease the party affected from the contractual obligations concerned for the duration and to the extent of the respective effects. This shall also apply in the event that the circumstances concerned arise for sup-pliers of Edigem.
We refer you to the Privacy Policy at Privacy Policy of the Gübelin Group (gubelin.com).
Should any individual terms be invalid or incomplete or in the event that it is not possible to comply with them, this shall not affect the validity of the remaining terms. The Contractual Partners undertake to re-place the invalid term by a permissible valid term that comes in substantive terms as close as possible to the original intention and the contractual purpose thereby pursued. The same shall apply in the event of any gaps in provision.
Edigem reserves the right to amend these GTC at any time. The version of the GTC that was valid at the time the individual contract was concluded shall apply.
The German version of the AGB shall be the sole binding version.
All legal relations between Edigem and the customer shall be governed by substantive Swiss law. The rules on the conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) shall not be applicable.
The ordinary courts of Lucerne, Switzerland, shall have exclusive jurisdiction over all disputes arising under the legal relationship between the customer and Edigem. Edigem shall be entitled to launch court action against the customer before the competent court of his/her place of residence or before any other compe-tent court.
Lucerne, March 2024