1.1 The present General Terms and Conditions (GTC) shall apply to contracts concluded between you, as a con- sumer (hereinafter referred to as you), and us, Niessing Retail Switzerland GmbH, Storchengasse 21, 8001 Zurich (hereinafter referred to as Niessing), via the Niessing Online Store and the Niessing Concierge Ser- vice. The range of goods offered in the Niessing Online Store is aimed exclusively at consumers of legal age who have their usual place of residence within the territory of Switzerland and can provide a delivery address in Switzerland. A consumer within the meaning of this provision is any natural person who enters into a contract for a purpose which is intended for his or her private and/or family, non-commercial requirements. Purchasing from the Online Store for commercial purposes shall be prohibited. In parti- cular, the commercial resale and distribution of goods ordered via the Online Store shall be prohibited. Niessing reserves the right to amend the General Terms and Conditions at any time. The current and binding version of the GTC as well as additional agreements and supplements shall be published on (https://niessing.com/ concierge-ch--en).

The purchase contract is concluded with Niessing Retail Switzerland GmbH.

2.1 The presentation of goods and services in the Niessing Online Store is an invitation to order and to conclude a purchase contract. Only by clicking the “Complete order” button as the last step of the ordering process do you submit a binding offer to purchase. Immediately after sending the order, you will receive an order confirmation by e-mail, which, however, does not yet represent an acceptance of your contract offer. A contract between you and Niessing Retail Switzerland GmbH is concluded as soon as we accept your order and/or booking by means of a separate e-mail. We reserve the right not to accept your offer. The contract is only concluded by the declaration of acceptance, which we send to you in the form of a payment confirmation by e-mail. Please check the SPAM folder of your e-mail account regularly.

 

The language(s) available for the conclusion of the contract: German, English We store the contract text and send you the order data and our terms and conditions in text form. You can view the contract text in our customer login.

4.1 In our online store you can select goods you want to purchase. These are so-called Basic Products. Basic Products within the meaning of these provisions are goods that were prefabricated and neither require an individual selec- tion or instructions for their production nor are clearly produced according to your personal requirements. As part of the ordering process, you first place the desired Basic Products or services in the shopping cart. There you can change the desired number of items at any time or remove selected Basic Products or services altogether.

4.2 By using the Niessing Concierge Service you have the possibility to purchase customised products and pieces that are newly created according to your wishes and requirements, custom-made jewellery, wedding rings, etc. (“Customised Products”) and customised services or in-stock products (“Stock Products”). Stock Products are products that are in stock at one of our Niessing Stores. The Concierge Service can be reached by telephone, live chat, e-mail or WhatsApp. When you place an order through the Concierge Service, the Concierge will guide you through the steps outlined above and ask you to confirm the details of your order. Our customised production concept assisted by the wedding ring or jewellery configurator only allows for customer-specific and exclusive production.

5.1 You can order in our online store first as a guest or create your personal user account. For information on the processing of your data, please read our data protection information [data protection information according to EU law] which you will find under the following link www.niessing.com/en/concierge. Niessing needs the following information in order to execute and process an order:

5.2 In order to use the Concierge Service, Niessing needs your consent for the use of personal data (such as your name and your e-mail address). By using the live chat, WhatsApp and the hotline, you, as the customer, agree to the use of personal data. You have the possibility to request the erasure of your data at any time. For this purpose, please contact us on concierge@niessing.com or by telephone on: +41442104905.

5.3 We use the data provided by you without your separate consent exclusively to fulfil and process your order(s), for example for the delivery of goods to the address specified by you. Any use of your personal data beyond this for the purposes of advertising, market research or for the alignment of our offers with customer needs shall require your express consent. You have the option to give this consent before declaring your order. This declaration of consent is entirely voluntary and can be accessed on our website https://niessing.com/en-CH/Data-protection/ and revoked by you at any time. We shall store the data you provide until you inform us that you wish them to be erased. You can object to advertising using electronic mail at any time.

6.1 The purchase price is due for payment immediately with the order. If you are in default of payment, we are entitled to withdraw from the contract. All prices are in Swiss francs (CHF) and include the statutory value added tax. You can choose from these payment options:

6.2 In our store, the following payment methods are generally available to you:

In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg („PayPal“), we offer you the following payment options as PayPal Services. Unless otherwise stipulated below, payment via PayPal Plus does not require registration with PayPal. You will find further informa- tion on the respective payment option and in the order process.

To pay the invoice amount via the payment option PayPal, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after submission of the order. PayPal can offer registered and according to their own criteria selected 

PayPal- Customers selected according to its own criteria further payment modalities in the customer account. On the offer these modalities, however, we have no influence; further individually offered offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

Your card will be charged by PayPal after the goods have been shipped. Twint We offer TWINT as the digital cash of Switzerland| Zurich

AG Stauffacherstrasse 41 CH-8004 Zurich Company Identification Number (UID): CHE-386.471.671 further details can be found in the respective payment option and in the ordering process itself.

7.1 All delivered items shall remain the property of Niessing until payment of the purchase price has been made in full. Niessing is entitled to have the delivered goods entered in the official register of the debt enforcement office in accordance with Art. 715 of the Swiss Civil Code (Schweizerisches Zivilgesetzbuch).

8.1 The products will be delivered to the delivery address you specify in the order. Please note that, in accordance with the agreements made with you, we deliver the goods exclusively to delivery addresses within Switzerland and to   selected Niessing Stores/Partners in Switzerland. For shipping addresses that have not been named, please send your request to concierge@niessing.com. If we are unable to meet a delivery period for reasons for which we are not responsible we shall inform you of this without delay, stating the delivery period where applicable. If the new delivery period is not acceptable to you or if the goods are no longer available within the new delivery period, both contracting parties shall be entitled to withdraw from the contract with regard to the goods concerned; services al- ready rendered shall be reimbursed. The delivery and production of the goods shall be subject to the condition that our suppliers deliver the materials themselves duly and properly and in good time. In the event of force majeure as well as in the event of a delivery blockage on the part of our supplier or sub-supplier, we shall not be in default of delivery. We shall not be liable for delays in delivery caused by manufacturers or third parties.

9.1 Images of goods in advertising, brochures, the online store or other publications are for illustration purposes only and are not binding. This shall apply in particular to specified colours or sizes. We reserve the right to change the goods listed in the online store at any time and without notice and to limit the number of goods available for pur- chase by any one customer. If the goods purchased and delivered from our online store (“Basic Products”) should be defective, you shall be entitled to demand rectification, to withdraw from the contract or to reduce the purchase price within the framework of the statutory provisions. If a Customised Product delivered via the Concierge Service does not have the quality agreed between you and us, or if it is not suitable for the use stipulated in the contract or for general use, or if it does not have the properties that you could expect according to our public statements, then we shall be obliged to provide rectification. This shall not apply if we are entitled to refuse rectification on the basis of statutory regulations. First of all, you shall have the choice whether the rectification is to be performed by repair of defects or replacement delivery. However, we shall have the right to refuse the type of rectification chosen by you if it is only possible at an unreasonable expense and the other type of rectification has no significant disadvantages for you. During rectification, a reduction of the purchase price or withdrawal from the contract by you shall be ruled out. A repair of defects shall be deemed to have failed with the second unsuccessful attempt, unless, in particular, the nature of the item or the defect or other circumstances do not permit otherwise. If rectification has failed or if we have refused rectification altogether, you may, at your discretion, demand a reduction of the purchase price or declare your withdrawal from the contract. You can only claim compensation for the defect subject to the following conditions if rectification has failed or we have refused rectification. This shall apply without prejudice to your right to assert further-reaching compensation claims subject to the conditions of these GTC. The limitation period of warranty claims for the delivered goods shall be two years from receipt of the goods. The statutory liability for de- fects shall apply. Claims due to defects which we have fraudulently concealed shall become statute-barred within the statutory limitation period.

10.1 We shall be liable for intent and gross negligence. The same shall apply to breaches of obligations by our vicarious agents. The above limitations of liability shall not apply in the case of injury to life, limb or health. This shall apply without prejudice to the Swiss Product Liability Act (Produktehaftpflichtgesetz).

You can reach our customer service for questions, complaints and claims MO-FR from 10:00 to 19:00 SA 10:00 to 18:00 by phone +41 4421040905 and by e-mail concierge@niessing.com.

We have submitted to the following codes of conduct: Trusted Shops (https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf)

13.1 These General Terms and Conditions shall be governed exclusively by Swiss law. The place of jurisdiction shall be Zurich. (Last updated: October 2021)  

You shall have the right to revoke this contract within 14 days without giving any reasons (Basic and Stock Products). The revocation period shall be 14 days from the day on which you or a third party named by you, who is not the carrier, took possession of the (last) goods. To exercise your right of revocation, you must notify us

Niessing Retail Switzerland GmbH

Storchengasse 21

8100 Zurich

Tel: +41 442104907

E-mail: concierge@niessing.com  

by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to revoke this contract. You can use the attached sample revocation form, which is not mandatory, for this purpose. In order to meet the revocation deadline, it is sufficient that you send your notice of exercising your right of revocation before expiry of the revocation deadline.  

If you revoke this contract, we must refund to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received your notice of revocation of this contract. For this repayment, we shall use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case shall you be charged for this repayment. We may refuse repayment until we have received the goods back, checked them for genuineness and completeness or until you have provided evidence that you have sent back the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline shall be met if you send the goods before expiry of the fourteen-day period.  

(If you wish to cancel the contract, please complete and return this form).

(*) Delete where not applicable.  

Products that cannot be returned or exchanged: Orders for products that are newly manufactured according to your desired specifications (“Customised Products”) or which have been personalised in any way or customised according to your instructions cannot be returned to us for exchange or refund. This includes, among other things, products that have been individually engraved or embossed at your request.  

If you finance this contract by means of a loan and later revoke it, you shall also no longer be bound by the loan agree- ment, provided that both contracts form an economic unit. This is to be assumed in particular if we are your lender at the same time or if your lender makes use of our cooperation with regard to the financing. If the loan has already accrued to us when the revocation takes effect, your lender shall be subrogated to our rights and obligations under the financed contract in relation to you with regard to the legal consequences of the revocation or return. The latter shall not apply if the subject matter of the present contract is the acquisition of financial instruments (e.g. securities, foreign exchange or derivatives).   If you wish to avoid a contractual obligation as far as possible, exercise your right of revocation and also revoke the loan agreement if you are also entitled to a right of revocation for this.  

If you are returning your order with Swiss Post, please use the provided safebag on which the return label will be affixed by you and please place your carton in the safebag and seal it with the adhesive strip. Then drop off the package at a Swiss Post branch. If you have not received a return label, we will be happy to provide you with a new label at concierge@niessing.com. Please send us the return label number. To do so, please send us the number at the top of the return label. For orders delivered by another courier or express service provider, we will pick up the goods from you. For this purpose, please send a short message to our Niessing Concierge Service:

Tel.: +41 442104907

E-mail: concierge@niessing.com  

We will then arrange for the goods to be picked up and returned by the appropriate courier service. If you would like to return the goods to the Niessing Store Zurich or to a Niessing partner, please contact the concierge at conciege@niessing.com or phone: +41 442104907.  

We shall perform one size change of unworn rings purchased via the online store or rings purchased via the Concierge Service (Stock Products, Basic Products, Customised Products) within 4 weeks of delivery as a gesture of goodwill, setting off any price increase or price reduction. To create a return label, please contact our Concierge Service. We reserve the right to charge shipping costs for pick-up and return shipments. The same shall apply to shipments of goods to other European countries.

Tel.: +41 442104907

E-mail: concierge@niessing.com