Terms and Conditions
1. SCOPE AND CONTRACTING PARTIES
1.1. The following General Terms and Conditions, in the version valid at the time of the respective order (hereinafter referred to as the “Terms and Conditions”), shall apply to the business relationship between Schattner Diamonds KLG, Notkerstrasse 18, 9000 St. Gallen, Switzerland, UID: CHE-176.512.758 (hereinafter referred to as the “Seller”), and the customer (hereinafter referred to as the “Customer”) for transactions conducted through the Swiss Online Store (https://www.schattner-diamonds.ch) (hereinafter referred to as the “Online Store”) and/or with the Seller through other channels.
1.2. The Customer may access, save on their computer, and/or review the Terms and Conditions during the ordering process via links provided in the Online Store. It is the Customer’s responsibility, and the Seller recommends, that the Customer print the Terms and Conditions, for example by taking a screenshot or selecting and printing the website text.
1.3. The products offered in the Online Store are intended exclusively for adult consumers whose habitual residence is within Switzerland and who can provide a delivery address in Switzerland. For purposes of this provision, a consumer is any natural person who enters into a contract for purposes relating to their private and/or family needs and not for commercial purposes. Purchases from the Online Store for commercial purposes are prohibited. In particular, the commercial resale and distribution of goods ordered through the Online Store are prohibited.
1.4. Any deviating contractual terms, including terms that the Customer declares applicable when accepting the contract, shall be valid only if and to the extent that they have been expressly accepted by the Seller in writing.
1.5. The Seller reserves the right to amend these Terms and Conditions at any time.
2. CUSTOMER SERVICE
For questions, requests, or complaints, the Customer may contact the Seller’s customer service department:
Schattner Diamonds KLG
Telephone: +41 78 913 51 15
Email: info@schattner-diamonds.ch
3. FORMATION OF THE CONTRACT
3.1. The Online Store merely constitutes an invitation to the Customer to view the products offered and obtain information. Personal contact is required before the Seller can provide a quotation for the desired product.
3.2. A binding order is placed only once the Customer has provided all information required for the performance of the contract and has confirmed that they have read and understood the Terms and Conditions. An order is placed by returning the Seller’s quotation in writing. A response by email will also be accepted, provided that a personal consultation has taken place beforehand. For new customers, the order will not be processed until the purchase price has been paid and credited to the Seller’s account as an advance payment.
3.3. After placing the order, the Customer will receive an automatic order confirmation by email summarizing the contents of the Customer’s order. This order confirmation does not constitute acceptance of the offer; it merely confirms that the Seller has received the order.
3.4. The Seller reserves the right to accept or reject an order and is under no obligation to enter into a contract based on an order. An order may be canceled or rejected, in particular, if these Terms and Conditions have been violated or if there is reasonable suspicion of such a violation. This may be the case, for example, if the Customer failed to pay for a previous order or if insufficient credit card funds were identified in connection with a previous order.
The Seller may also cancel an order or reject future orders if the Customer’s return rate is unusually high and does not improve after the Customer has been informed accordingly. Furthermore, orders may be canceled if there is reason to suspect that the Customer is a commercial purchaser and the Customer is unable to dispel that suspicion. Future orders may also be rejected if it has been or is subsequently established that the Customer commercially resells the goods ordered. The Customer will be informed of any cancellations or rejections by email.
3.5. The contract is formed only upon the Seller’s declaration of acceptance. The Seller is entitled, but not obligated, to accept the Customer’s order within seven days after receipt. Acceptance is declared when the Seller sends the Customer an order confirmation.
3.6. The foregoing shall also apply if, due to the selected payment method, the Customer has already paid or instructed payment of the purchase price before the contract is formed. If, for any reason, the contract is not formed, the Seller will notify the Customer after reviewing the order and will refund the advance payment.
If the contract is formed for only part of the goods ordered, the Customer will be informed accordingly in the declaration of acceptance, meaning the email containing the invoice and order confirmation. In such a case, the refund will cover the goods that cannot be delivered.
3.7. If the order includes multiple items, the contract will be formed only with respect to the items expressly listed in the email containing the invoice and order confirmation.
4. PRICES, SHIPPING, AND DELIVERY
4.1. All prices listed in the Online Store include the applicable statutory value-added tax. The Seller will inform the Customer of any shipping costs and additional charges, such as charges for express orders or gift wrapping, in the order form immediately before the Customer places the order.
4.2. The Seller reserves the right to change the prices of the products offered at any time. The price applicable at the time the order is placed shall apply.
4.3. Unless otherwise agreed, delivery will be made to the delivery address provided by the Customer. Delivery is available only within Switzerland. Where applicable, the Seller will inform the Customer of the delivery period during the ordering process and/or in the email containing the invoice and order confirmation.
4.4. After the goods have been transferred to the shipping carrier, the Customer will receive a shipping confirmation by email from the respective carrier. This confirmation will contain a tracking code that allows the Customer to track the shipment.
4.5. Upon receipt of the email containing the invoice and order confirmation, the Customer is obligated to accept the goods. Requests for modifications and cancellation requests can no longer be considered, or will be considered only at the Seller’s discretion and on a voluntary basis.
4.6. Upon delivery to the address provided by the Customer, any visible discrepancies in quantity must be reported immediately to the shipping carrier. Any concealed discrepancies in quantity must be reported to the Seller in writing within five days after receipt of the goods. See Section 2, Customer Service.
4.7. If a delivery does not reach the Customer despite the shipping confirmation issued by the carrier, or if the Customer does not receive any communication from the carrier within two days after receiving the order confirmation, the Customer must contact the Seller’s customer service department immediately. See Section 2 above.
5. PRODUCT PRESENTATION, DELIVERY TIMES, AND AVAILABILITY
5.1. Images of goods used in advertisements, brochures, the Online Store, and similar materials are provided solely for illustrative purposes and are nonbinding. The same applies to information provided about individual goods, as such information is intended for informational purposes only. The Seller reserves the right to modify the goods shown in the Online Store at any time and without prior notice and to limit the number of items that may be purchased by an individual Customer.
5.2. Certain goods displayed in the Online Store cannot be ordered or purchased directly through the Online Store. The Customer must contact the Seller so that the product can be customized to meet the Customer’s individual requirements.
5.3. All information provided in the Online Store regarding product availability and delivery times is nonbinding and provided without warranty.
5.4. If the Seller is unable to meet a delivery deadline for reasons beyond the Seller’s control, including product unavailability due to force majeure, the Seller will notify the Customer without undue delay and, where applicable, provide a new estimated delivery date.
5.5. Delivery is subject to the timely and proper supply of goods to the Seller by the Seller’s suppliers. Delays caused by force majeure, including strikes and other labor disputes, civil unrest, war, natural disasters, or delivery restrictions imposed by the manufacturer or upstream supplier, shall not constitute a delivery default. The Seller shall not be liable for delivery delays caused by manufacturers or third parties.
5.6. Goods are available only while supplies last. In exceptional cases, errors or corrections may occur, particularly if multiple customers order the same goods at the same time. The Seller shall not be liable for insufficient inventory or the unavailability of goods.
5.7. If not all goods ordered are in stock, the Seller is entitled to make partial deliveries. If, after the contract has been formed, it becomes apparent that some or all of the goods cannot be delivered for reasons beyond the Seller’s control, the Customer is entitled to withdraw from the contract.
6. RIGHT OF WITHDRAWAL
The Seller does not grant the Customer a contractual right of withdrawal or return. However, the Customer’s warranty rights remain unaffected.
The reason the Seller does not grant the Customer a right of return or withdrawal is that all Schattner Diamonds products are individually made to the Customer’s specifications. The products are not prefabricated, and their manufacture depends on an individual selection or specification made by the Customer. The products are clearly customized to meet the personal requirements of the consumer.
7. RETENTION OF TITLE
The Seller shall retain title to the goods delivered until the respective invoice amount has been paid in full and the total purchase price has been finally and unconditionally credited to the Seller.
For Customers domiciled in Switzerland, the Seller is entitled to register the retention of title in the applicable retention-of-title register.
8. PAYMENT TERMS
We will process your order promptly, but only after your payment has been received.
You will receive payment details and instructions together with the quotation.
9. ASSIGNMENT
The Seller reserves the right to assign or pledge to third parties any due purchase-price claims against the Customer arising in connection with the delivery of goods, including any due installment payments, default interest, and reminder fees.
10. TRANSFER OF BENEFITS AND RISK
10.1. The Seller’s obligation is an obligation to dispatch the goods and is fulfilled when the goods are transferred to the shipping carrier. Once the goods have been shipped, the risk of accidental deterioration or accidental loss of the goods passes to the Customer. The Seller shall not be responsible for any fault or misconduct on the part of the shipping carrier used.
10.2. Any agreement in an individual case under which the Seller assumes the shipping costs shall have no effect on the transfer of risk.
11. DUTY TO INSPECT AND REPORT DEFECTS; WARRANTY
11.1. Customary or technically unavoidable variations in the quality, color, size, finish, or design of the goods that are attributable to the material shall not constitute defects.
11.2. The Customer is obligated to inspect the delivered goods as soon as reasonably possible in the ordinary course of business and to report any identified defects immediately to the Seller’s customer service department. See Section 2 above.
If the Customer fails to do so, the goods shall be deemed accepted. In all cases, the goods shall be deemed accepted unless the Customer submits a notice of defects by email to customer service within five business days after delivery.
11.3. Defects that could not have been identified through a proper inspection in accordance with the preceding paragraph must be reported to customer service immediately after discovery. Otherwise, the goods ordered shall also be deemed accepted with respect to such defects.
11.4. Before returning any goods, the Customer must contact customer service. See Section 2 above. This notification may be made at the same time as the notice of defects pursuant to Sections 11.2 and 11.3 above.
Customer service will inform the Customer how to proceed. Defective goods may be returned only after the Customer has received these instructions. Any shipping costs incurred for a return authorized in this manner will be borne by the Seller. Goods returned by the Customer shall become the Seller’s property again if the warranty claim is fulfilled by means of a replacement delivery.
11.5. The Seller provides warranty coverage by remedying defects. At the Seller’s discretion, this will be accomplished either by subsequent performance, including the repair of the defect, or by the delivery of a defect-free replacement item.
If neither subsequent performance nor a replacement delivery is possible, the warranty remedy shall consist of rescission of the contract. If subsequent performance is not possible, the warranty remedy shall consist of rescission of the contract.
11.6. If subsequent performance fails, the Customer is entitled to withdraw from the contract. This shall not apply in the case of insignificant defects. The right to a reduction in price is excluded.
This exclusion of liability shall also extend to all claims that compete with the warranty rights, whether arising under contract pursuant to Articles 97 et seq. of the Swiss Code of Obligations, tort pursuant to Articles 41 et seq. of the Swiss Code of Obligations, rescission of the contract due to error pursuant to Articles 23 et seq. of the Swiss Code of Obligations, or otherwise.
11.7. The Customer shall not receive any guarantees in the legal sense. The Seller assumes no liability for descriptions provided by third parties, particularly descriptions provided by other customers in customer reviews published in the Online Store or on the Seller’s social media accounts.
11.8. The above restrictions and shortened limitation periods shall not apply to claims arising from damage caused by the Seller, the Seller’s legal representatives, or persons engaged by the Seller to perform its obligations:
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in the event of injury to life, body, or health;
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in the event of an intentional or grossly negligent breach of duty or fraudulent conduct;
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under a guarantee, where one has been agreed; or
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to the extent that the applicable product liability legislation applies.
12. SHIPPING DAMAGE
If goods are delivered with obvious shipping damage, the Customer must immediately report the damage to the shipping carrier and contact the Seller without undue delay.
Failure to submit a complaint or contact the Seller shall have no effect on the Customer’s statutory claims or the enforcement of such claims, particularly the Customer’s warranty rights. However, the duty to report defects within the applicable period under Sections 11.2 and 11.3 remains unaffected.
By reporting the damage, the Customer assists the Seller in asserting the Seller’s own claims against the carrier or the transport insurance provider.
13. LIABILITY
13.1. The Seller’s liability for ordinary negligence is excluded. Liability for auxiliary persons and other persons engaged by the Seller to perform its obligations is excluded in full.
13.2. In particular, the Seller shall not be liable for damage attributable to any of the following causes:
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improper storage, adjustment, or use of the goods, or storage, adjustment, or use that is contrary to the contract or unlawful;
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the use of incompatible replacement parts or accessories; or
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force majeure, including natural events, moisture damage, falls, impacts, or similar events for which the Seller is not responsible, as well as orders or measures imposed by public authorities.
14. DATA PROTECTION
The collection and processing of the Customer’s personal data by the Seller are explained in the Privacy Policy. The Privacy Policy forms an integral part of these Terms and Conditions.
The Privacy Policy is available under “Privacy Policy.”
15. GOVERNING LAW AND JURISDICTION
Swiss law shall apply exclusively.
With respect to consumers, this choice of law shall apply only to the extent that it does not deprive the consumer of the protection granted by
the mandatory consumer-protection laws of the country in which the consumer has their habitual residence.
The United Nations Convention on Contracts for the International Sale of Goods is excluded.
Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the jurisdiction of the competent court in St. Gallen.
16. SEVERABILITY CLAUSE
If one or more provisions of these Terms and Conditions are or become invalid or unenforceable, this shall not affect or impair the validity and enforceability of the remaining provisions.
In such a case, the parties agree to replace the invalid or unenforceable provision with a legally valid and enforceable provision that comes as close as possible to the economic intent of the original provision.
Last updated: November 8, 2024