CONDITIONS OF SALE
1. APPLICATION FIELD
These General Sales Conditions (GSC) govern the sale of jewellery by Berr & Partners SA via its brand Elke Berr Créations (hereinafter “EB Créations”, “website”, “we” and “our”), whose registered office is located in Geneva, Switzerland. They apply to all orders placed on the EB Creations website or by phone for delivery in Switzerland or the European Union (EU). These GSC are the only applicable ones and replace all other conditions, except for prior, express, and written derogation. They may also be modified at any time without notice.
2. PURCHASE ELIGIBILITY
Any order on our site requires acceptance of our general sales conditions and is subject to our approval and the availability of the products. By placing an order with us, you declare and warrant that you are a bona fide end-user customer purchasing for your own or another’s personal use and will not deliver, sell or otherwise distribute our products or purchase our products or services for commercial purposes.
The selection of jewellery offered for sale by EB Créations on its website is, in accordance with the information provided on each product sheet, either unique pieces available for immediate delivery, or customizable creations, made to order. We make every effort to ensure that the information, including product descriptions, carat weights, and colours provided on the site, is as accurate as possible. However, we cannot offer any express or implied warranties as to their accuracy, reliability, and completeness. It should be noted in particular that descriptions and information regarding the weight of precious metals as well as the number of stones and their carats are provided for indicative purposes only and may vary slightly, as they are based on the metric system 53 for the rings presented.
a. Pre-order items
Jewellery available for pre-order on the Site is manufactured upon receipt of full payment. The manufacturing time is then communicated to the customer before finalising the purchase. The progress of the jewel’s creation can be tracked on the customer account used when placing the order.
b. In-stock items
A selection of unique pieces is available for immediate shipment in the size indicated on the product sheet. A resizing service is also offered for rings available for immediate shipment. It allows the piece to be reduced or increased by up to two sizes. This service is free of charge and will be carried out in our workshop in Geneva, Switzerland upon receipt of full payment. The resizing time will then be communicated to the customer before finalising the purchase, and delivery will be delayed accordingly.
Ring sizes as well as stone and gold colours that are not listed on product sheets are unfortunately not available for sale. Similarly, products shown on the website that cannot be added to the shopping bag are not available for sale via the website. We can provide you with more information regarding these products at, email@example.com or at +41 (0)22 310 61 10.
5. ONLINE ORDER
The customer places an order on the Site by creating a customer account beforehand. The customer will then select the product, the quantity, the information necessary for the production of the jewel in case of resizing or pre-order (in particular the desired size and colour of the gold and/or gems) and provide all the necessary information for delivery. The customer can then view his/her cart and proceed to payment. Please note that validation of the order constitutes acceptance of these GSC. The order is confirmed by EB Créations by email within 48 hours of receipt. The sale will be considered final after receipt of full payment and sending of the order confirmation by EB Creations.
Besides free shipping, we are pleased to offer the following complimentary services for every order:
a. Gift Wrapping and Packaging
Every order will be carefully packaged in an exclusive Elke Berr Créations box and wrapping, accompanied by a warranty card, ready for gifting (if applicable).
Engravings are available at no additional cost for all pre-order items. Please note that personalised and/or pre-order products are non-returnable for exchange or refund. For further details, kindly refer to paragraph #10 (Return & Exchanges) in the provided General Sales Conditions.
c. Customised Message
Upon request, a customised message can be included in every order. EB Créations will transcribe your message onto a dedicated header card included within the packaging. Please be aware that EB Créations reserves the right to decline any message it deems offensive or unsuitable for inscription on the EB Créations header card.
Prices are in Swiss Francs (CHF), in Euros (EUR) or in Dollars (USD). They include the applicable Swiss VAT at the time of the order, and are based on the current exchange rate. Any change in the applicable rate may be reflected in the price of the products.
EB Creations reserves the right to modify its prices at any time, but products will be invoiced on the basis of the rates in force at the time of validation of the order.
The total price of the order (including Swiss VAT and shipping costs) is displayed in the shopping cart. Any additional fees (such as bank charges) that may apply thereafter are the customer’s responsibility.
Please note that for deliveries outside of Switzerland and Liechtenstein, upon order validation, the shopping cart will automatically update to display amounts excluding taxes. The customer will be required to pay the destination country’s VAT upon parcel delivery.
Payment is made by credit card, Paypal or wire transfer. Accepted cards are those of Visa, MasterCard, and American Express networks. EB Creations reserves the right to refuse any order or delivery in the event of a dispute with the customer, total or partial non-payment of a previous order, or refusal of a payment authorization by the bank.
8. SHIPPING POLICY
Products are delivered to the delivery address indicated by the customer when ordering. The delivery costs and times are indicated on the website at the time of payment and vary depending on the type of product, the selected delivery method, and the country of delivery. If the order includes several products, the shipment will only be made once all the products are available (unless otherwise indicated to the customer in advance).
Delivery requires a handwritten or electronic signature at the delivery address indicated at the time of the order. After confirmation of delivery, the risk and responsibility for the purchased products are transferred to the customer. If the customer has designated a different recipient for the delivery, for example in the case of a gift, the customer accepts that a signature from this recipient (or any person present at the designated delivery address) constitutes proof of delivery and discharge of the sales contract by EB Creations. This signature will result in the transfer of product responsibility to the recipient’s address as if the product had been delivered to them.
b. Deadlines and rates
EB Créations currently ships its products to Switzerland, Liechtenstein, France, Monaco, Italy and Germany. For other destinations, please contact us at firstname.lastname@example.org to discuss potential arrangements. Shipping fees are offered to all customers placing an order on the website. Shipments are exclusively sent via registered mail with hand delivery and signature required, using SwissPost, DHL, or FedEx, depending on the order value.
Any item in stock will be shipped within 72 hours (excluding holidays). Any order for an in-stock item placed on Friday or over the weekend will be sent the following Monday.
Any other order containing pre-order items or requiring resizing will be dispatched according to the timeframe mentioned at the time of payment.
When estimating your delivery timeframe, please consider the time required for payment approval, address verification, security checks, and order processing. Please note that delivery is always subject to the receipt of full payment.
If the delivery of products is delayed due to an event beyond our control, we will notify you as soon as possible and make all reasonable efforts to minimize the consequences of the delay. Any delays do not entitle the buyer to hold EB Creations responsible, to cancel the sale, to refuse the merchandise, or to claim damages.
c. Click & Collect
Any order placed on the Swiss Website can be picked up for free from Tuesday to Thursday from 9:00 a.m. to 6:00 p.m. (excluding holidays) at our showroom located at 12-14 rue du Cendrier in Geneva. An email will be sent to the customer as soon as all items in the order are available. The order will be available for six (6) business days from the date of the email announcing its availability.
d. Non-delivered or non-retrieved order
Any order that is not delivered and returned to EB Créations can be resent, subject to a CHF 30.- management and delivery fee payable in advance. In the absence of payment of these fees, EB Créations is entitled to cancel the order, deducting a processing fee of CHF 15.-, return shipping fees, and any customs duties and foreign VAT if applicable.
Failure to pick Click & Collect order up within the allotted time entitles EB to charge a processing fee of CHF 15.-. In the absence of payment of these fees, EB Créations is entitled to cancel the order, deducting the CHF 15.- processing fee.
9. ORDER MODIFICATION
Modifying an order is only possible if the package of an item in immediate shipment has not already been sent or if the production of a pre-ordered item has not already begun. In both cases, it requires the intervention of customer service, reachable in writing at email@example.com and by phone at +41 (0)22 310 61 10.
10. RETURN & EXCHANGES
a. Right to cancel
Items in immediate shipment can be returned to us at your expense within fourteen (14) days of receipt, after notifying us of your wish to return one or more items in the order. This possibility applies to all our customers located in Switzerland as well as in the European Union or the European Economic Area, in accordance with the regulations in force. You simply need to inform us of your decision before the expiration of the withdrawal period to exercise this right.
Pre-ordered products or in-stock items that have been customised in any way or resized cannot be returned or exchanged.
c. Return process
Pour annuler le contrat et restituer votre ou vos produits, vous pouvez nous contacter au +41 (0)22 310 61 10 ou par e-mail à firstname.lastname@example.org et suivre les instructions qui vous seront alors données.
d. Condition of return products
Returned products satisfy the conditions of the returns and exchanges policy if the following conditions are duly met:
- The cancellation notice has been received within fourteen (14) days following the delivery of the product.
- The article has been returned to us after the client’s receipt of our written agreement.
- The article has not been personalised in any way (resizing, choice of gold and/or types of stones).
- The article is in perfect condition, neither worn nor damaged.
- The article has been returned to us in the intact original packaging, with all original boxes and certificates.
We reserve the right to refuse the return of an item if one or more of the aforementioned conditions are not met.
Refunds will be made within fourteen (14) days following the receipt and verification of the returned order. The total amount of the returned product(s) – excluding transport costs and any taxes – will be credited to the payment method used at the time of purchase.
11. MANUFACTURER’S GUARANTEE
EB Créations guarantees its jewellery for a period of two (2) years from the date of delivery. The warranty is valid when proof of purchase or the certificate of authenticity is provided. The warranty is limited to the order amount and covers manufacturing and hidden defects.
12. WARRANTY EXCLUSIONS
Elke Berr Créations cannot be held responsible for indirect damages caused by the use of its jewellery. Damages related to non-compliant use, lack of care, accident, loss, or normal wear and tear are excluded from the warranty. The warranty expires if third parties make modifications or repairs without the consent of EB Créations.
13. WARRANTY REPAIRS
EB Créations will decide alone whether the repair is covered by the warranty and if it entitles the customer to a free repair, equivalent replacement, or partial or full refund of the price paid. In the case of repair, the modifications made will be guaranteed for two (2) years but do not extend the initial warranty period of the jewel.
14. INTELLECTUAL PROPERTY
All elements of the Site are protected by copyright, trademark, and/or any other intellectual property right. Any reproduction or use, even partial, for commercial or non-commercial purposes is strictly prohibited.
15. APPLICABLE LAW AND JURISDICTION
These General Conditions of Sale are governed by Swiss law. Any dispute, controversy, or claim arising out of or in connection with the Conditions of Sale, including their validity, nullity, violation, or termination, will be judged or submitted to arbitration in accordance with the Conditions of Sale. Similar protection will be granted if the applicable law is different from the consumer law of your country. Without any restriction to bring proceedings before a Swiss court, you and Piaget will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.
16. CONTACT US
If you have any questions or comments regarding these General Conditions of Sale or general issues, please contact us at the address and phone number below.
Phone number: +41 (0)22 310 61 10
Email address: email@example.com
Last update: June 2023