GENERAL TERMS AND CONDITIONS (GTC)

Our General Terms and Conditions (hereinafter referred to as the GTC) regulate the relationship between ELIZZA Switzerland GmbH and the customers who buy in the online shop of ELIZZA Switzerland GmbH.

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Scope and validity of these general terms and conditions

Scope

These General Terms and Conditions (hereinafter referred to as GTC) of the companies ELIZZA Switzerland GmbH & ELIZZA Schmuck GmbH (hereinafter referred to as ELIZZA) regulate the rights and obligations in connection with the use of the website https://elizza.ch and all associated sub-domains (hereinafter referred to as website) and the contractual relationship between ELIZZA its visitors and customers.

Confirmation and amendment of these terms and conditions

By using or accessing the website, the visitor agrees to these terms and conditions. The visitor confirms these GTC anew each time he logs on to the website. ELIZZA reserves the right to amend these terms and conditions at any time and to publish the current version on the Website. Members will be informed of any significant changes within a reasonable period before they come into force. ELIZZA would like to draw your attention to the possibility to object to these changes. If a member does not object to the validity of the new General Terms and Conditions after this information, the amended General Terms and Conditions are considered accepted.
The version of the General Terms and Conditions valid at the time of the order is decisive and cannot be unilaterally modified for this order.

Website of ELIZZA™

General

ELIZZA makes its website available to every visitor to obtain information about ELIZZA and its activities. Furthermore, ELIZZA provides its visitors with an online shop and allows everyone to purchase products from this catalogue for a fee.

Geographical distribution

The ELIZZA websites are, with some exceptions, accessible worldwide.

Purpose / Goal

The goal of ELIZZA™ is to distribute beautiful diamond jewelry to a selected customer segment.

Offer

The offer is valid as long as it is visible in the online shop and/or stocks last. Price and assortment changes are possible at any time. The images shown in advertising, brochures, in the online shop etc. as well as all information about the products are for illustration purposes and are not binding. The specific information on the sales contract is decisive.

Prices

The prices are in Swiss francs, including value added tax (VAT) or the respective currency indicated.
The price in the online shop at the time of the order is decisive.
Ordered additional services with costs are listed separately in the shopping cart and on the invoice.

Contract

The presentation of the products in the online shop is not a legally binding request, but a non-binding online catalogue or a non-binding request to the customers to order the product in the online shop. ELIZZA reserves the right to limit the quantities of certain products and not to carry out the delivery if the order is unusually heavy or voluminous.
An order constitutes an offer to ELIZZA to conclude a contract.
Once the order has been transmitted, the customer will automatically receive a confirmation of receipt which documents that the order has been received by ELIZZA. The customer can only add to or cancel the order until it is processed by ELIZZA. If an order is supplemented, the original order will be used as a basis for calculation, but possible special offers and discounts will be taken into account at the time of the supplement.
ELIZZA is free to refuse orders in whole or in part without stating reasons. In this case the customer will be informed and any payments already made will be refunded. No further claims will be accepted, in particular no products that cannot be delivered will be forwarded. Temporarily unavailable products cannot be reserved. ELIZZA has the right to withdraw from the contract if it should turn out that the ordered goods cannot be delivered in full due to the fault of a third party.

Delivery

Delivery is either by mail or by pickup in the wedding ring lounge. Shipping is at the risk of the customer. A delay in delivery does not entitle the customer to cancel the order. Claims for damages are excluded.
Deviations in time as well as the blocking of a certain delivery date are possible, especially on peak days with exceptionally high delivery volumes, whereby any claims for damages as well as further claims of the customers are excluded.
No deliveries are made on Sundays and official national or cantonal holidays.
Delivery is generally free of charge.

Payment

Our prices are strictly net and are usually to be paid in advance. If a delivery on account is guaranteed, it is payable within 30 days. Reminder fees will be invoiced at a flat rate of CHF 20.

Take-back

No right of return applies to the products offered.

Reservation of ownership

The ordered goods remain the property of ELIZZA until full payment has been received. ELIZZA is entitled to make a corresponding entry in the retention of title register.

Data protection

ELIZZA may use the personal data received to obtain credit information and for marketing purposes.

Principles for the use of the ELIZZA™ website

Right of use

There is no right to registration, membership, use of the website or use of the services of ELIZZA. In particular, ELIZZA reserves the right to refuse registration, to exclude a member, to prohibit use or to discontinue services at any time.

Responsibilities

Login data

The member is obliged to keep the personal password provided to him/her by ELIZZA as part of his/her registration or to create his/her own personal password secret and never to make it known or accessible to third parties.

Technical interventions

The use of mechanisms, software or other scripts that could disturb the proper operation of the website is prohibited. Members and non-members may not take any measures that could result in an unreasonable or excessive load on the infrastructure of ELIZZA. Members and non-members are prohibited from blocking, overwriting or modifying contents generated by ELIZZA or from interfering in any other way with the ELIZZA websites.

Intellectual property rights of third parties

Offers, texts and pictorial representations, which a member publishes on the website in any way or form or communicates in any other way via the website, may not violate any intellectual property rights of third parties. The member may only use and publish pictures and texts on the ELIZZA website which he/she has created himself/herself or which the rights holder has agreed to use; this applies in particular to text and picture material which is publicly accessible on another website.

third-party privacy rights

Offers, texts and pictorial representations, which a member publishes on the website in any way and form or communicates in any other way via the website, may not infringe any personal rights of third parties; in particular they may not be insulting, obscene, defamatory, harassing, defamatory, disparaging, disparaging, damaging to reputation or similar.

Advertising

Offers, texts and pictorial representations which a member publishes on the website in any form or communicates in any other way via the website may not contain any form of advertising for products which this member does not himself/herself offer currently or in the immediate future.

Use of contents

The information about a member or non-member which can be viewed on the website or other information which ELIZZA may transmit in connection with offers may only be used in connection with the corresponding offer.

Circumvention of the fee structure

It is forbidden to carry out actions that serve to circumvent the fee structure of ELIZZA.

Security

If one or more acts prohibited on the following list are committed, this can lead to measures being taken by website administrators.
Not allowed on ELIZZA are

  • Unauthorized commercial communication (e.g. spam).
  • Access to content on the network by means of automated mechanisms (e.g. bots, robots, spiders, scrapers, etc.).
  • Illegal structural distribution (e.g. snowball system).
  • Uploading of viruses or other malicious software and malicious codes.
  • Use of an account on the website which belongs to a third party and for which no authorisation has been granted.
  • Content that contains hate speech, is threatening or pornographic, incites violence or contains graphic or other violence.
  • Using ELIZZA to carry out any illegal, misleading, malicious or discriminatory acts.
  • Carrying out actions which could block, overload or impair the proper functioning or appearance of ELIZZA (e.g. denial of service attacks) or which could disrupt other functions of ELIZZA.
  • Support or encourage any violation of this declaration or our guidelines.

Website operation on ELIZZA™

Published content, offers, categories

The copyrights and trademarks of ELIZZA may not be violated. The use of ELIZZA‘s trademarks, logos etc. is permitted as long as they are not used commercially or as long as they do not cast a negative light on ELIZZA from ELIZZA‘s point of view.

Privacy

All information that you release on the website will be stored in ELIZZA‘s system and may not be passed on or sold, either by ELIZZA or by anyone else, without your express consent.

Rights to content and information

All rights to content and information released on the website remain the property of the creator. ELIZZA, as well as other companies and persons, may not commercially exploit content protected by intellectual property rights.

Violations of the GTC by a member

ELIZZA has the right to warn a member if there are credible, concrete indications that this member has violated these General Terms and Conditions. In particular, ELIZZA is entitled to issue a warning to a member if there are credible, concrete indications that the member has deliberately violated his or her contractual obligations. ELIZZA reserves the right to exclude a member from membership.

Transfer of rights and obligations to third parties

ELIZZA reserves the right to transfer individual or all rights and obligations from these General Terms and Conditions to a third party or to have them exercised by a third party. The membership and all rights and obligations of the current or former member towards ELIZZA cannot be transferred by the member.

Disclaimer ELIZZA™

General

ELIZZA is only liable for direct damage caused by an intentional or grossly negligent action on the part of ELIZZA. Any liability of ELIZZA for direct damages in case of slight negligence – regardless of the legal basis – is expressly excluded subject to mandatory legal regulations. Any liability of ELIZZA for indirect damages or for consequential damages – regardless of the legal basis – is completely and expressly excluded.

Technical faults, maintenance

ELIZZA is only liable for temporary unavailability of the website caused by gross negligence or intent, failure of individual or all website functions or malfunctions of the website. In particular, ELIZZA is not liable in the case of slight negligence for technical problems due to which offers or applications are not accepted or processed or are accepted or processed late or incorrectly. In particular, ELIZZA does not guarantee that the system time corresponds to an officially fixed time. Due to maintenance work or other reasons, the ELIZZA website may be temporarily unavailable or only available to a limited extent, without the user or member being able to make any claims against ELIZZA.

Contents and offers

ELIZZA is not obliged to check the offers, evaluations and other information published by the members on the website and in particular does not accept any responsibility for:

  • the truthful and otherwise correct design of offers
  • the quality, safety, legality or availability of products offered
  • the ability, authority and will of the individual member to offer, purchase, deliver, pay or otherwise perform the contract.
Members and third parties

In particular, ELIZZA is not liable for damages incurred by members or third parties due to the behaviour of other members or third parties in connection with the use or misuse of the website.

Linked websites

ELIZZA accepts no responsibility for the topicality, correctness, legality, completeness or quality of the content of websites that can be accessed via links on the ELIZZA websites and excludes any liability in this connection.

Mobile phones and other devices

ELIZZA is available free of charge. As far as the data consumption of the Internet connection is concerned, the guidelines of the respective provider apply.
The members are aware that the presentation of the offers on the mobile device may differ from that on the website. Nevertheless, members remain bound by their applications or the conclusion of a contract via mobile devices in the same way as if they had applied or concluded the contract via the website.

Exemption

If other members, users or third parties assert claims against ELIZZA due to violation of their rights by offers or contents published by a member or due to other use of the ELIZZA websites by members or users, this member or user will exempt ELIZZA from all claims and will also assume the costs of the legal defense of ELIZZA (including court and lawyer’s fees).

Severability clause

Should individual provisions of these General Terms and Conditions be wholly or partially void and/or ineffective, the validity and/or effectiveness of the remaining provisions or parts of such provisions shall remain unaffected. The invalid and/or ineffective provisions shall be replaced by such provisions which come closest to the economic purpose of the invalid and/or ineffective provisions in a legally effective manner. The same applies in the event of any loopholes in the provision.

Applicable law and place of jurisdiction

All disputes between ELIZZA and a (current or former) member in connection with these General Terms and Conditions are subject to Swiss law. The place of jurisdiction is Zurich, Switzerland, unless otherwise provided by law.