GENERAL TERMS AND CONDITIONS GAVIVI SHOP

1. SCOPE AND CONTRACTING PARTNERS

1.1. For all business relationships between GAVIVI AG, based in Froschaugasse 3, 8001 Zürich, Switzerland (hereinafter referred to as "seller") and the customer (hereinafter referred to as "customer") for business in the GAVIVI SHOP (https://www.gavivi.com) (hereinafter "GAVIVI SHOP") the following general terms and conditions (hereinafter "GTC") apply. The version valid at the time of purchase is binding.

1.2. The general terms and conditions can be accessed via corresponding links in the GAVIVI SHOP. The customer can simply view them or save them on the computer. The seller recommends printing out the terms and conditions. This can be done with a screenshot, for example.

1.3. The range of goods offered by the GAVIVI SHOP is aimed exclusively at adult consumers. These must have their habitual residence in the national territory of Switzerland or within the EU and also provide a delivery address in Switzerland or the EU country. Any natural person who purchases on the basis of private and / or family, non-commercial needs is considered a consumer within the meaning of these General Terms and Conditions. The GAVIVI SHOP is not designed for commercial purposes and corresponding purchases are strictly prohibited. This applies particularly to the commercial resale and distribution of goods that were ordered through the GAVIVI SHOP.

1.4. Deviating contractual conditions, which have been declared applicable between the seller and the customer, are only valid if they are in writing.

1.5. The seller has the right to modify these terms and conditions at any time.

 

2. CUSTOMER SERVICE

The customer service of the seller is available to the customer with questions, requests or complaints:

Postal: GAVIVI AG, Online Service, Froschaugasse 3, CH-8001 Zürich

By phone: +41 (0) 58 255 01 58

By email: service@gavivi.com

 

3. CONCLUSION OF CONTRACT

3.1. The GAVIVI SHOP can be understood as an invitation to the customer to submit offers to conclude a purchase contract in relation to the goods presented.

3.2. The order is only considered binding once the customer has entered all the necessary data for the execution of the contract. In addition, acknowledgment of the terms and conditions must be confirmed and finally the button "Order with payment" must be clicked. Until the button is selected, the customer can first select from the range of goods offered without obligation and place items in the virtual shopping cart. Before placing the final order, it is possible for the customer to enter or change the order data by clicking on the "Proceed to checkout" button. Only the final sending of the order can then be understood as an offer from the customer to the seller to conclude a contract.

3.3. After the final submission of the order, the customer will receive an automatically generated confirmation of the order by email, which reflects the exact content of the order. This automatic order confirmation documents that the seller has received the order and does not yet constitute acceptance of the offer.

3.4. The seller reserves the right to accept the order and is not obliged to conclude a contract based solely on an order. Accordingly, the order can be canceled or rejected if there is a violation of these general terms and conditions or if there is suspicion. This is e.g. conceivable if a customer did not pay for an earlier order or if there was a lack of credit card coverage. An unusually high return rate of a customer can lead to the cancellation of the order and the rejection of future orders. The suspicion that the customer is a commercial buyer and if this suspicion cannot be refuted leads to the cancellation and rejection of the order. If it turns out that a customer has sold the ordered products commercially in the past, this also leads to the rejection of the order.

If there are cancellations and rejections, the customer will be informed by the seller by email.

3.6. The previous point also applies if payment has already been made by the selected payment method. If the contract does not materialize for any reason, the customer will be informed by the seller after checking the order and the purchase amount will be refunded accordingly.

If the contract is only concluded for part of the order, the customer will be informed in the declaration of acceptance. This is an e-mail with the invoice and the order confirmation. The reimbursement then only includes the partial amount of the goods not delivered.

3.7. If the order placed comprises several articles, the contract is concluded exclusively for those articles that are expressly listed in the email with the invoice and order confirmation.

3.8. Registered customers can check the status of their orders in their personal customer area.

 

4. PRICES, SHIPPING AND DELIVERY

4.1. The prices listed in the GAVIVI SHOP include the applicable statutory value added tax. Additional costs such as shipping costs, costs for express orders, gift packaging and the like are communicated in the order form directly before placing the final order.

4.2. The seller reserves the right to change all prices for the items offered in the shop at any time. The price of the product at the time of the order therefore applies.

4.3. The delivery is made to the delivery address provided by the customer, unless otherwise agreed. In principle, delivery is only possible within Switzerland. The customer will be informed of the delivery period during the order or in the email with the invoice and the order confirmation. The delivery time is usually 2 to 3 working days, unless otherwise stated.

On the information pages of the GAVIVI SHOP you can find more detailed information about the various options for shipping, the transport companies used and the entire delivery process.

4.4. As soon as the goods are handed over to the transport company by the seller, the customer receives an email from the respective carrier with the shipping confirmation. This contains a tracking code with which the customer can track the delivery.

4.5. By receiving the e-mail with the invoice and order confirmation, the customer is obliged to accept the ordered goods. Accordingly, no cancellations or changes can be made from this point in time. Should the seller consider these wishes on a voluntary basis, this is at his discretion, there is no obligation.

However, right of return according to Section 6 (see below) is reserved.

4.6. Obvious differences in quantity must be communicated to the transport company in writing immediately upon delivery to the address specified by the customer. If there are hidden, i.e. not immediately visible, quantity differences, these must be communicated to the seller in writing within the next five days after receiving the goods (see Section 2 Customer Service).

4.7 If the goods do not arrive at the customer despite the shipping confirmation from the carrier or the customer should not receive an email from the carrier within 2 days of the order confirmation. The customer must contact the seller's customer service department immediately (see Section 2).

5. PRESENTATION OF THE GOODS, DELIVERY TIME, AVAILABILITY

5.1. The pictures of products in advertising, brochures, in the GAVIVI SHOP etc. are only for illustration and are therefore not binding. The same also applies to information about the respective goods, since this is for information only. Only the official manufacturer's information is binding (e.g. regarding manufacturer's guarantee and guarantee provisions). The seller has the right to modify the goods listed in the GAVIVI SHOP at any time and without prior notice and to limit the number of goods that the customer can order.

5.2. Some of the goods in the GAVIVI SHOP range cannot be ordered and purchased directly from the GAVIVI SHOP. This fact can be seen in the product information of the respective goods. In this case, the customer has access to an inquiry form.

5.3. All information on the availability and delivery times of a product in the GAVIVI SHOP is without guarantee.

5.4. If the seller is unable to meet a delivery deadline for reasons beyond his control, he will inform the customer immediately (for example, for reasons of force majeure). The seller communicates the expected new delivery time. If this period is not acceptable to the customer or if a product is no longer available, both sides can withdraw from the contract. The customer is then entitled to a refund of the payments made.

5.5. The condition of timely and proper self-delivery by the suppliers applies to the delivery. In the event of force majeure (e.g. strike and other industrial action, riot, war, natural disasters as well as in the event of a delivery block by the manufacturer or upstream suppliers), there is no delay in delivery. Accordingly, the seller is not liable for delays in delivery caused by manufacturing companies or by third parties.

5.6. Basically, goods are considered available while stocks last. If several customers order at the same time, errors or corrections can occur in exceptional cases. The seller is not liable for a lack of stocks or unavailability of goods.

5.7. If not all goods ordered within an order are in stock, the seller can make a partial delivery. The customer may withdraw from the contract if, after conclusion of the contract, it turns out that the goods, either in whole or in part, are not available for reasons for which the seller is not responsible.

 

6. RIGHT OF WITHDRAWAL

The seller grants the customer a contractual right of withdrawal, whereby the following regulations apply: The seller grants the customer a contractual right of return on a voluntary basis. The return must be made within 14 calendar days from the day on which the customer received the delivered goods from the carrier.

It is recommended that this be done, but it is not absolutely necessary that the customer service department of the seller is contacted and informed about the return before the return (see Section 2 above). The handover of the goods to be returned to the transport company is of decisive importance for compliance with the return period. The following goods are excluded from the right of return (but not from the warranty claims):

• Goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is crucial
• Goods that are clearly tailored to the customer's needs (e.g. individual engravings or changes to the goods)

The goods must be returned to the seller's address:

GAVIVI AG:

Froschaugasse 3

CH-5502 Hunzenschwil

The goods must be new and unused for returns. In addition to the goods, the original packaging with all protective materials, attachments and stickers must be returned on the products. This also applies to all additionally supplied accessories or replacement material.

If the return does not take place according to these specifications, the seller has the right to offset the corresponding material value of the unreturned items with a refund, which must be paid to the customer. If there is damage to the goods during the return transport and if the customer is to blame, there will also be a corresponding charge.

The seller is responsible for the costs of returning the goods if the customer uses the prepaid return label that was included in the delivery. If the customer does not use this, he must bear the costs of the return shipment himself. He also bears any liability and insurance costs. In this case, the seller is not responsible for loss, damage, delivery to the wrong address or delivery delays in the return. If the return label is not used, the customer must pay for the insurance of the goods in transit. The customer will be refunded the purchase price minus all additional, delivery and shipping costs. The same method is used for reimbursement as for payment. The only exception is that something else has been expressly agreed upon between the customer and the seller.

The seller only grants a refund, an exchange of the goods is excluded. The reimbursement will only take place once the returned goods have actually been received by the seller and the quality and condition have been checked. With the help of this quality check, a decision is made as to whether the goods can be considered as new or whether there has been a loss in value, which will be offset when the refund is determined.

 

7. RESERVATION OF OWNERSHIP

The seller retains ownership of the delivered goods until full payment of the corresponding invoice amount for a delivery, i.e. final and unconditional credit of the total purchase price. For customers based in Switzerland, the seller can therefore have a corresponding entry made in the retention of title register.

8. PAYMENT METHODS

The customer can choose from all payment methods specified in the GAVIVI SHOP. Further information can be found in the FAQ.

 

9. ASSIGNMENT

The seller has the right to assign or pledge purchase price claims against the customer in connection with the delivery of goods to third parties. This applies, for example, to installments due, default interest and dunning fees.

 

10. TRANSFER OF BENEFITS AND RISK

10.1. The seller's services are a mere shipping depth, which is considered fulfilled when the ordered goods are handed over to the transport company. As soon as the seller has dispatched the goods, the danger and risk of accidental deterioration and accidental loss of the goods pass to the customer. Accordingly, the seller is not responsible for the carrier's fault.

10.2. Even if, in exceptional cases, the transfer of the transport costs by the seller has been agreed upon, this has no influence on the transfer of risk.

11. OBLIGATION TO EXAMINATION AND COMPLAINT, WARRANTY

11.1. The deviation of the quality, color, size, equipment or design of the goods due to commercially accustomed or technically unavoidable, material-related reasons do not constitute defects. This also applies to the documented and disclosed potential signs of aging from piece of jewelry.

11.2. The customer is obliged to check the delivered goods as soon as possible and to inform the seller's customer service immediately of any defects that may have been identified (see Section 2 above). If the customer does not immediately comply with this obligation, the goods are considered accepted and approved. This applies in any case if the customer does not report a formal notice of defects to customer service by email within 8 days of delivery.

11.3. If defects occur at a later point in time that were not identifiable when properly checked in accordance with the previous paragraph, they must also be reported to Customer Service (see Section 2 above) immediately upon discovery. If this is not done, the goods are also accepted with regard to these defects.

11.4. Before the customer sends goods back, he must report to customer service (see Section 2) in advance. This notification can be combined with the notice of defects and can therefore be made at the same time. The customer service then explains to the customer how to proceed. The goods should only be returned after this notification has been made.

In this case, the buyer assumes the transport costs incurred. Goods that are returned by the customer become the property of the seller again if the guarantee is realized by means of a replacement delivery.

11.5. The seller usually fulfills the guarantee by repairing the damage or defects. Depending on the case and criterion of the seller, this is done either by supplementary performance, more precisely by the elimination of a defect (rectification), or by the delivery of a faultless replacement (replacement delivery). If neither a repair nor a replacement delivery is possible, the guarantee is given by conversion.

In the case of piece of jewelry, the seller provides a guarantee by remedying defects. If supplementary performance is not possible, the guarantee is based on the change.

11.6. In the event that the subsequent performance fails, the customer has the right to withdraw from the contract. However, if there are minor defects, this is excluded, as is a right to a price reduction. This disclaimer also applies to all claims that are in competition with the warranty rights, e.g. those arising from the contract (Art. 97 ff. OR), offense (Art. 41 ff. OR), contesting the contract due to error (Art. 23 ff. OR.) etc.

11.7. The seller's warranty also lapses if the customer or a third party does not follow the operating or maintenance instructions for the goods, makes changes, changes parts or uses consumables that do not meet the original specifications without the seller's prior consent. Improper use, storage and handling of the goods, third-party interventions and opening of the goods also lead to the exclusion of the warranty obligation.

The warranty is also excluded for normal wear and tear, for consumables, for accessories and for enclosed batteries.

11.8. The customer receives no guarantees in the legal sense. Manufacturer's guarantees (or the specific piece of jewelry guarantee provisions for piece of jewelry) are of course not affected by this and apply without restriction.

Descriptions of third parties, especially other customers in the context of the customer reviews published in the GAVIVI SHOP, are also not subject to the liability of the seller. The same applies to the customer reviews published as part of the social media presence.

11.9. Should the seller, its legal representatives or vicarious agents suffer the following damage, the above restrictions and time limits do not apply:

• in the event of injury to life, limb or health
• in the event of willful or grossly negligent breach of duty and malice
• as part of a possibly agreed guarantee promise
• insofar as the scope of the Product Liability Act applies

 

12. TRANSPORT DAMAGE

If there is damage to the delivered goods during transport, the customer must immediately report this damage to the transport company. In addition, the customer must immediately inform the seller of the problem.

If the customer misses a complaint or contacting customer service, this has no effect on the legal claims and their enforcement, in particular the warranty rights (however, see the obligation to notify defects in good time in sections 11.2 and 11.3). However, the customer helps the seller in this way to be able to assert their own claims against the carrier or transport insurance.

 

13. LIABILITY

13.1. The seller's liability for slight negligence is excluded. Liability for auxiliary persons is completely eliminated.

13.2. Above all, the seller is not liable for damage caused by one of the following causes: (i) improper, non-contractual or illegal storage, adjustment or use of the goods, (ii) use of incompatible spare parts or accessories, (iii) failure to perform maintenance and / or improper modification or repair of the goods by the customer or a third party, (iv) force majeure, in particular elementary, moisture, fall and impact damage, etc., which are not the responsibility of the seller, and official orders.

 

14. DATA PROTECTION

The data protection declaration is an important part of the contract and can be called up under the data protection conditions. The collection and processing of personal data about the customer by the seller is regulated by this data protection declaration.

 

15. APPLICABLE LAW AND JURISDICTION

Swiss law applies exclusively. The application of the UN sales law is excluded.

This choice of law applies to consumers only insofar as the consumer is in no way deprived of the protection granted to him by the binding consumer protection regulations of the state in which he is permanently resident. The corresponding court in Lenzburg is responsible for disputes arising from or in connection with these general terms and conditions.

 

(As of February 15, 2020)