General Terms and Conditions Gübelin AG
Please note that only the German version is legally valid
Gubelin AG is a commercial enterprise which has been a byword for tradition, manufacturing of, and trade in, jewellery, leading brand watches and gemstones since 1854. The offer is intended for both national and international end users. Gubelin AG makes jewellery and watches to its own design. Gubelin AG constantly endeavours to satisfy customer demands for top quality and to achieve customer satisfaction.
1. 1. Scope of application
The following General Terms and Conditions of Business (referred to below as GTC) apply in the latest valid edition to all present and future sales and use of services (referred to below as the scope of supply) by the customer, save where specifically agreed otherwise in writing. In the event of any contradictions between different contract documents, the contract signed by both parties and then these GTC shall apply as a matter of priority. The customer acknowledges the fact that after the GTC have been used on one occasion they are automatically deemed to apply to every future scope of supply in their latest edition. These GTC take priority over any GTC of the customer.
2. Contracting partner
The contracting partner is Gubelin AG with headquarters in Lucerne or one of its branch establishments in Switzerland entered in the register of commerce.
3. Conclusion of the contract
The contract is closed when the client and Gubelin AG reach agreement on the scope of supply and price.
4. Right of exchange
Within ten days of receipt of the scope of supply, the customer may exchange the latter against a credit note for the price paid, provided that the scope of supply has not been worn and is in perfect original condition. This right of exchange does not apply to products specially ordered or made or modified for the customer and to products which are not brand new.
5. Delivery date
Delivery dates or manufacturing dates indicated in the order confirmation are binding only if they are identified in writing with the word “binding” and confirmed by us. Delivery dates are quoted in good conscience in the light of the prevailing circumstances and will be respected as far as possible. The delivery date is deemed to have been respected if we have effected despatch of the scope of supply, or notified the customer that it is ready for collection, before the end of the delivery lead-time. If the scope of supply cannot be delivered at the indicated time, the customer may set a period of grace of one month by registered letter and only after that period has expired without further action being taken may he withdraw from the contract. The customer is entitled only to a refund of payments made.
6. Manufacturing work for the customer, customer orders
Manufacturing for customers to their own drawings is effected with the utmost care by our jewellers, goldsmiths and watchmakers according to their own interpretation. We will place special orders for the customer who requires models which we do not have in stock. A special customer order or manufacturing for the customer is binding. Gubelin is entitled to ask for the payment of an appropriate advance on the costs.
7. Services (overhaul, repair, modifications/adaptations, estimates, gemstone reports)
Services are tasks which we are happy to perform for you. With our manufacturing expertise we are familiar with all the pitfalls; you can therefore rest assured of outstanding service. An order placed for services is binding.
8. Prices/Conversion rate
Our prices are all listed with a price label in Swiss francs. Save where otherwise specifically indicated, our prices are fixed and non-negotiable.
9. Payment, due date, payment arrears, advance payments Payment
is to be made in appropriate stages. Cash payment is required in principle. Payment may also be made in advance by bank transfer. We accept the usual credit cards and ec-direct. In the event of late payment Gubelin may withdraw from the contract without further notice. Advance payments can be made by the customer, but do not influence the contract. In the case of customer orders, an advance payment of not less than 50% to 100% of the sale price falls due. This payment does not bear interest. Gubelin reserves the right to dispense with an advance payment for certain products.
10. Repurchase and purchase of previously worn jewellery
Repurchase and purchase of previously worn jewellery, jewels and watches In principle, Gubelin does not buy back articles that have already been worn. Gubelin does not trade in previously used goods.
11. Despatch, carriage and packing
Normally the article must be collected by the customer. If that cannot be done for any reason at all we may also send the article to the customer. Despatch and insurance costs will be charged to the customer. We pay the cost of packing.
12. Warranty (Guaranty)
The manufacturer’s guarantees apply in principle. If no manufacturer’s guarantee exists, we grant a warranty of 24 months from delivery. This warranty only covers material and manufacturing defects where these are not attributable to inappropriate treatment (damage, dismantling etc.). The warranty lapses if the product has been worked on by a person other than a professional authorised by Gubelin. At the customer’s choice, we will only make good the services provided or – if the scope of supply can still be obtained – make a replacement delivery to the complete exclusion of any compensation for damage or secondary damage. All further warranty claims are specifically declined. Gubelin respects a stringent code of honour concerning the origin of gemstones.
If Gubelin is in breach of contractual or statutory requirements and personal injury or material damage is suffered by the customer as a result, Gubelin is liable – barring binding provisions of law – solely for an amount equivalent to the cost of the scope of supply. Any further liability of the customer, in particular for damage to assets involving the customer or third parties, regardless of the legal basis for such liability, is specifically waived.
14. Force majeure
All events of force majeure and other events beyond our control such as interruptions of business, transport and traffic difficulties and energy supply shortages, strikes, lockouts etc. release the person concerned from contractual obligations for the duration and to the extent of their effects. This likewise applies if these circumstances affect Gubelin’s own suppliers.
15. Data protection
When dealing with customer data Gubelin undertakes to comply stringently with the Swiss Data Protection Act. By placing the order, the customer grants his consent to data processing for the purpose of handling the order and to future advertising measures by Gubelin or by third parties.
16. Safeguard clause
Should certain provisions of these AGB be or become invalid, that fact shall not affect the validity of the remaining provisions.
17. Applicable law
Swiss law shall apply to the exclusion of any possible further reference to foreign law. Vienna Purchasing Law (CISG) shall not be applicable.
The ordinary courts of Lucerne Switzerland have sole jurisdiction over legal relationships between the customer and Gübelin. Gübelin is entitled to take legal proceedings against the customer at the court having jurisdiction at the customer’s place of residence or at any other competent court.