Lisa Edels GmbH General Terms and Conditions of Business and
Data Privacy Statement
www.lisaedels.com (hereinafter the Website) is the online shop of Lisa Edels GmbH, Lindenstrasse 16, 6340 Baar, Switzerland.
- Acceptance of the General Terms and Conditions of Business
The General Terms and Conditions of Business (hereinafter the GTC) apply to all orders placed via the website. The customer is obligated to carefully read the GTC before ordering products from this website. By clicking the “GTC” box when purchasing a product, the customer fully agrees to these provisions. He furthermore confirms being legally competent and at least 18 years of age.
Lisa Edels GmbH processes orders in accordance with the version of the GTC applicable at the time the order is placed. The Customer may at any time download and print out the GTC from the website, under the heading “GTC/Data Privacy Statement”.
Provisions which conflict with the GTC will only be recognised when confirmed in writing by Lisa Edels GmbH.
- Conclusion of contract and reservations
None of the products offered on the website (hereinafter the product or the products) constitute a binding offer from Lisa Edels GmbH; they are solely invitations to make an offer. By placing an order online or by telephone the customer makes an offer to Lisa Edels GmbH. Lisa Edels GmbH thereupon decides completely freely as to whether it wishes to accept the customer’s offer.
By placing an order through the website (using the “Buy” button in the online shop) or by telephone, the customer is making a binding offer. The material contents of the contract are explained to the customer in a clear and comprehensible manner immediately before placing the binding order. Lisa Edels GmbH will confirm receipt of the customer’s order by e-mail. This confirmation of receiving the order is not a binding acceptance of the order. The contract is only considered materialised when Lisa Edels GmbH
(1) sends an explicit order confirmation to the customer by e-mail; or
(2) consigns the order to the post office.
Lisa Edels GmbH reserves the right to refuse orders from customers, when there is reason to believe a potential customer is breaching the GTC, is involved in fraudulent or other criminal activities, or for other compelling reasons.
- Prices, invoicing, product and availability
All prices conform to the order confirmation sent by Lisa Edels GmbH (cf. Point 2 above). Deliveries within Switzerland these include the statutory Swiss Value Added Tax of 8%. Exports to other countries will show the net price along with the respective approximate Value Added Tax. Minor price adjustments to the actual foreign Value Added Tax remain reserved. Any additional taxes and customs for deliveries outside of Switzerland, duties are payable by the customer (cf. Point 9 below). The respective delivery service (see also Point 10 below) will issue the customer a separate invoice for this purpose.
The products ordered will be delivered in accordance with the order documentation despatched by Lisa Edels GmbH. Gemstones and diamonds processed by Lisa Edels GmbH are natural products; their properties and condition may therefore vary slightly from the images and information on the website. Similarly, minor design modifications during the course of manufacturing the jewellery remain reserved.
The products on the website are available while supplies last. Lisa Edels GmbH reserves the right to change or remove the products listed on the website at any time and without prior notice, and if need be, to limit the quantity a single customer may purchase of a product.
Lisa Edels GmbH excludes any liability for shortages, shipping delays or products not being available. The customer will be notified if we are unable to deliver for the aforementioned reasons (cf. Point 10 below).
- Product Customisations
All Lisa Edels GmbH may generally be customised to the customer’s individual wishes. The customer must submit these in advance and in writing to the address specified on the website under Legal Notice. Once the order has been confirmed it typically cannot be modified or cancelled.
The customer may exchange a product for a product of equal value within 14 days of receipt, provided the original product is in pristine original condition and has not been used. Customisations cannot be exchanged. The customer is fully responsible for the costs of the return of goods.
The customer is obligated to inform Lisa Edels GmbH about the return via email (email@example.com).
For a valid exchange the customer has to hand over the product in a timely manner to the courier organized from Lisa Edels GmbH accordingly to Lisa Edels GmbH instructions.
The customer may return a product within 14 days of receipt provided the original product in pristine original condition, packaging and has not been used. The customer is obligated to inform Lisa Edels GmbH about the return via email.
For a valid return the customer has to hand over the product in a timely manner to the courier organized from Lisa Edels GmbH accordingly to Lisa Edels GmbH instructions.
The customer shall bear the costs of the return of the goods.
Lisa Edels GmbH reserves the right to refuse products returned late or that are not in the same condition in which the customer has received them.
Customisations cannot be returned or only with special approval of Lisa Edels.
In case the product is returned in the agreed manner, Lisa Edels will refund the purchasing price.
The Customer agrees that communication with Lisa Edels GmbH concerning the contract may be sent and received in electronic form.
- Data Privacy
Lisa Edels GmbH places great importance on protecting the personal rights of its customers. Its web shop is subject to the Swiss Data Protection Act (hereinafter DPA). The following provisions solely apply to the Lisa Edels GmbH website. Third party websites which can be accessed via the Lisa Edels GmbH website are not subject to the following provisions. Lisa Edels GmbH accepts no responsibility or liability whatsoever for the contents of third party websites.
As part of the order process, Lisa Edels GmbH collects the first name and surname, address, e-mail address and, if necessary, other data such as telephone numbers, size or date of birth for the customer. No personal data requiring protection as defined by the DPA will be collected.
Lisa Edels GmbH is aware that the information saved constitutes personal data as defined by the DPA. It therefore collects, saves and uses this information in compliance with the provisions of the Swiss data protection law. Lisa Edels GmbH takes all appropriate technical and organisational precautions to protect the customer’s personal data from loss, theft and abuse. However, no liability can be accepted for the security of data transmitted over the Internet. Data is transmitted in unencrypted form.
Lisa Edels GmbH saves and processes customer data for the purpose of processing the respective contract. The customer agrees to occasionally receive promotional information (e.g. newsletters, product information) from Lisa Edels GmbH by post or e-mail. The customer may unsubscribe this informational material at any time by e-mail to firstname.lastname@example.org or by post to the address specified in the Legal Notice on the website.
Lisa Edels does not disclose personal data to third parties, neither in Switzerland nor abroad. This does not apply to forwarding data to third parties:
(1) for the customer’s legal protection;
(2) by rights;
(3) to protect the legal interests of Lisa Edels GmbH;
(4) to comply with data protection provisions;
(5) in cooperation with delivery services requiring the data to process the order. In these cases, disclosure is limited to the minimum required to fulfil the order.
The customer hereby agrees to personal data being collected, stored and used as specified above. The customer has the right to at any time and free of charge request information about the data stored by Lisa Edels GmbH, or to revoke his informed consent and to require that his data be blocked or deleted. In the latter case, Lisa Edels GmbH shall delete the respective data within 30 days.
Requests must be submitted in writing by e-mail to email@example.com or by post to the address specified on the website under Legal Notice.
The purchase price for the Products ordered is due for payment upon receipt of the Lisa Edels GmbH order confirmation.
The customer may pay the purchase price by advance payment (bank transfer to Account No. [●], IBAN [●], BIC [●]) or PayPal or SIX. Lisa Edels may decide on additional payment options. In the event of payment default, Lisa Edels GmbH is automatically entitled to withdraw from the contract.
For international deliveries, the customer must settle customs duties and taxes with the delivery service separately (cf. Point 10 below). He will receive a separate invoice from the delivery service for this purpose (cf. Point 3 above).
The customer may only offset the claim for the purchase price against undisputed claims or claims established as final and absolute.
The products ordered will be despatched as a rule within 30 business days as an insured consignment via delivery service to the address specified by the customer immediately following receipt of payment. Some specially marked products may in some cases be despatched later days from the receipt of payment. Lisa Edels GmbH accepts no liability for delays in delivery caused by the delivery service.
If the product ordered cannot be delivered within 40 days of receipt of payment, Lisa Edels GmbH is entitled to withdraw from the contract, including if the contract was previously confirmed to the customer. In the event of such withdrawal, Lisa Edels GmbH shall notify the customer of the non-availability of the product and promptly refund payment of the purchase price.
- Transfer of ownership and transfer of risk
Ownership in the product is transferred to the customer upon full payment of the purchase price.
The risk passes to the customer upon conclusion of the contract (cf. Point 2 above).
Lisa Edels GmbH insures all products shipped up to the product value.
Should the product ordered be defective at the time of transfer of ownership (cf. Point 10 above), the customer may, at his discretion, demand rescission of the contract or, provided the product is still available, demand that the product be exchanged for an equivalent item free of defects.
No additional independent warranty will be granted. The warranty period is two years from the time goods are received.
Lisa Edels GmbH is only liability to the customer for damages due to malice or gross negligence. No liability is accepted for data errors, incorrect quotations of prices, errors in images, product specifications or other text. This does not apply to the lack of guaranteed characteristics.
Exclusions and restrictions of liability claims always also apply to any possible claims against employees or authorised agents of Lisa Edels GmbH.
- Image copyright
All image copyrights are held by Lisa Edels GmbH. Any use without express approval is prohibited.
- Prohibition of assignment
The customer may solely transfer his contractual rights to third parties with the written consent of Lisa Edels GmbH.
- Severability clause
In the event one or multiple provisions in these GTC are or become void or impracticable in whole or in part, this does not affect the validity of the remaining provisions or agreements. The provision void in whole or in part will then be replaced by mutual will of Lisa Edels GmbH and the customer with a lawful provision as close as possible to the commercial purpose of the invalid or impracticable provision.
- Applicable law
The contract between Lisa Edels GmbH and the customer is subject to Swiss law to the exclusion of any other transmission. The United Nations Convention on Contracts for the International Sale of Goods of 1980 (Vienna Convention) is excluded.
- Court of jurisdiction
The ordinary courts in Zug, Switzerland, are the sole competent courts for any disputes arising from or in connection with these GTC.
Lisa Edels GmbH is further entitled to bring an action against the customer with the court having jurisdiction over his place of residence, or with any other competent court.
Baar, Switzerland, December 2017