TERMS & CONDITIONS
Information to the customer
These general terms and conditions apply to all orders through www.carbonjewelry.ch (“the Website”). Please read these General Terms and Conditions carefully before ordering products from this Website. By ordering our products, you indicate that you consent to the conditions below and state that you are competent to enter into legally-binding contracts and are at least 18 years old. We recognize rules that differ from these General Terms and Conditions only if they are confirmed by us in writing. That also applies to a deviation from this clause requiring written documents.
2. Contracting Party
This Website for selling goods over the Internet is run by Misake Group, Via Calprino 18, CH-6900 Paradiso, Switzerland. This is where you can place complaints or assert statutory warranty claims. You can reach our customer service on any issues at: email@example.com
3. Formation of Contract
Your orders on the Website are binding offers for entering into the associated contracts to purchase with Misake Group. We are free to either accept these offers within 14 days of receipt or to reject them by sending you a statement to that effect. There is no binding contract to purchase formed until we have accepted your order. This acceptance is indicated by the shipment of the goods ordered. You indicate that you expressly agree to have your credit rating checked by inquiries to the officially-authorized credit protection associations, credit institutions, and credit inquiry agencies. We reserve the right to refuse to accept the order if we receive a negative credit report. In addition, we reserve the right to reject orders from customers if there is reason to believe that the customer is acting in contravention of the General Terms and Conditions, is involved in fraudulent activities or other activities of importance from a criminal law standpoint or any other material reason exists.
Products and prices are as shown on the Website; products are available as long as they are in stock. We reserve the right to change the products offered on the Website at any time without notice and to limit the number of items that may be purchased by a visitor. There is no liability for lack of items in stock or for products not being available. Any commercial resale or distribution of Carbon Jewelry® products sold on the Website is strictly prohibited.Please note that after your order is confirmed, no requests to change or cancel it can be considered.
5. Reservation of Performance for Undeliverable Goods
If the goods ordered cannot be delivered within 30 days following the day after your order, we may withdraw from the contract, even if we previously confirmed that we were entering into it. If we withdraw, you will be informed that the goods are not available and you will be reimbursed immediately for the consideration you have already provided.
6. Price and Additional Costs
The total price of your order, including all ancillary and shipping costs, as indicated on the previous page or will be shown at the end of the checkout process. By confirming the order, you state that you agree to the price for the goods. The price cannot be adjusted after the completion of the check -out process. Carbon Jewelry® products are sold by Misake Group, which has its headquarters in Switzerland. We would like to point out that for foreign payments using credit cards, a foreign transaction fee (about 1-2%) may be charged by the institution that issued your credit card.
7. Payment conditions
The purchase price for goods ordered is due when you place your order through carbonjewelry.ch. Payment may be by credit card (by entering your card data on the Website) or PayPal account. You may settle our claims for payment only by using uncontested or final and unappealable receivables. If you pay with a credit card, we reserve the right to check the validity of the card and to monitor the availability parameters for collection and the address data. If the institution that issued the credit card refuses to make payment to us, we are not liable for delays or for failure to deliver. Prepayment: For special orders Carbon Jewelry® offers the possibility to pay via prepayment. Your order will be processed upon receipt of your payment into our bank account. The amount is due for payment immediately. Please transfer the amount to the account listed in the checkout process using your order number as payment reference. Please note that your bank may charge additional costs for international bank transfers. In case the payment amount is not transferred to our bank account within 7 banking days after receiving the order confirmation, Carbon Jewelry® has the right to cancel your order. An invoice will also be sent with your package. Prepayment is not available for Electronic Gift Cards.
8. Delivery and Reservation of Title
Since all of our products are specifically tailored for our customers, after order confirmation, they are normally delivered to the delivery address you provide by our contracted delivery service within 3-4 weeks after your order. If you so request, we will make efforts to deliver the goods at a specific time, but generally cannot make binding promises to do so. Until the purchase price is paid in its entirety, the goods remain our property. Upo, receipt the shipment must be checked for accuracy and completeness.
9. Right to Cancel
As a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. Customized products are excluded from the right to withdraw. You can get additional information and assistance in returning items by writing an email to firstname.lastname@example.org. The cancellation may be sent in writing or on another long-lasting storage medium to the following address: via Calprino 18, 6900 Paradiso (Svizzera). Timely sending is sufficient to meet the deadline. The products must be in original condition with their original packaging and the return voucher must be attached to the products. Shipment is at the cost and risk of Carbon Jewelry®. The return shipment must be made no later than 14 days after cancellation has been announced. Customized products can generally not be replaced or returned. It is not currently possible to return goods purchased in physical shops through the Website.
If there is a defect in the goods delivered, you may at your option demand that the contract be revoked or – if the goods are still deliverable – that they be replaced with the same type of good without any defects. No independent guarantee is provided in addition to that. For After Sale Services, please contact us by sending an email to email@example.com The warranty period is two years from the time the goods are received.
Carbon Jewelry® is only liable to you for damage caused intentionally or by gross negligence. This limitation of liability applies to all claims for damages, regardless of the legal basis, to include unauthorized actions; they do not apply to any liability that may apply under the Product Liability Act, some other warranted characteristic or injury to life or limb. Exemption from or limitation on liability for damages under the previous paragraphs also applies to any claims that may exist against employees or agents of Carbon Jewelry®.
Clause If one of the provisions of these General Terms and Conditions is or becomes invalid or unenforceable, that will not affect the effect of the other provisions.
13. Prohibition against Assignment
You may assign your rights under this contract to third parties only with the consent of Carbon Jewelry®
14. Applicable Law
Contracts entered into under these General Terms and Conditions are subject to Swiss law to the exclusion of any referrals to foreign law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. This choice of law only applies to the extent that there are no pre-emptive provisions of the law of the state in which the consumer has his usual residence prohibiting it. Lugano is the exclusive venue for all disputes that may arise from or in connection with these General Terms and Conditions. Carbon Jewelry® is also authorized to sue at the customer’s location.
15. Customer Care
For any inquiry please contact us:
Phone: +41 91 985 27 50
Mon – Fri 8:30 – 16:30 (working days)
We will answer to your written inquiries within 48 hours.
For returns: Address: Via Calprino 18, 6900 Paradiso (Switzerland)