Last updated: May 2025

We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. The latest version of these Conditions of Sale will always be available on the Platform. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products or services made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.

About Elke Berr and these Conditions of Sale

These Conditions of Sale apply to any sales of Elke Berr products or services that you may order from our Selling Entity (as defined below), using the website that refers to these Conditions of Sale (the “Platform”) or by telephone via our customer service center.

The selling entity, that will sell the products to you, will depend on the delivery address to which you will ship the products (the “Selling Entity”, “Elke Berr”, "we", "us" and "our"):

The Selling Entity is an affiliate of Elke Berr, which owns and edits the Platform pursuant to the Terms of Use, and is responsible for our information collection practices pursuant to the terms of the Privacy Policy and the Cookie Policy. By placing an order, you agree to be bound by the Terms of Use, Privacy Policy, Cookie Policy, and the Returns and Exchanges Policy, the terms of which are incorporated into these Conditions of Sale. For further information on our returns policy, please see our Returns and Exchanges Policy. 

Please read these Conditions of Sale carefully. These Conditions of Sale are applicable to any order placed through the Platform or Customer Service Center (together the “Sales Channels”). Please note that before placing an order for products or services, you will be asked to agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you will not be able to order any products or services through the Sales Channels. Sales concluded through physical points of sale (such as our retail boutique) are not subject to these Conditions of Sale.

Purchasing eligibility

Only individuals (and not legal entities) who (a) have reached the age of legal majority required to enter into contracts (eighteen in most countries); (b) have legal capacity to enter into contracts; and (c) use a shipping address in the country or countries that we ship to as specified by the Sales Channels, may order products through the Sales Channels. If you are under the age of legal majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and they will be asked to agree to these Conditions of Sale.

By placing an order through the Sales Channels, you represent 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.

Product availability & quantity

All orders placed through the Sales Channels are subject to availability and acceptance of such orders by us. Products shown on the Platform, which cannot be added to the shopping bag, are not available for sale via the Platform. The Customer Service Center can provide more information as regards these products. For information about the order process, please refer to our Order Process section below.

Quantity limits may apply in relation to orders for certain products. We reserve the right to refuse at any moment in time, without prior notice, orders exceeding a certain number of authorized products. 

Account registration & guest checkout

To place an order, you have the option to either register and create an online account or proceed with a "Guest Checkout" without creating an account. If you choose to check out as a guest, we may still create an account within our internal systems to track your purchase(s) and will request your phone number and email address for shipping purposes.

For purchases with delivery to addresses in France: In accordance with article L.223-2 of the Consumer Code, we inform you that you are entitled to subscribe to the “Bloctel” list of opposition to canvassing, a practice to which Elke Berr has no recourse. For more information, please refer to the Privacy Policy.

Personalized services

Personalization services (for example engraving) or other services may be available on a selection of products. If you wish to have your product personalized, please provide the details in the Sales Channels as requested. 

We reserve the right to withhold or refuse acceptance of any order for personalized products, or with a message card, that contains language that is objectionable, unlawful or contrary to our policies. You are responsible for ensuring that any wording you provide for personalizing products is correct.

In addition, orders for personalized products cannot be canceled and such products that have been personalized in any way or otherwise made to your bespoke specifications cannot be returned to us for exchange or refund as described in these Conditions of Sale. This does not affect your consumer rights (please see the Manufacturer’s guarantee and your legal consumer rights section for further information).

Order Process

The order process of the Platform will include the following:

·                Add to Shopping Bag: Once you have chosen a product, you may place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits). Placing an item in your shopping bag does not guarantee availability for purchase, which is not confirmed until you receive a written Confirmation of Order & Shipment.

·                Guest/My Account Checkout: When you are ready, you then proceed to “Checkout”, either as a guest or through your registered account. You may also remove one or several products you have selected from the shopping bag as part of the checkout process. 

·                Delivery, Review and Payment: As part of the checkout process, you add and review your order details and personal information (including e-mail, shipping address, billing address and payment information). You should carefully check and confirm all details on the order summary page before placing your order. 

·                Placing of Order: You then check the relevant box and place your order.

In the case of an order being placed through the Customer Service Center, the Elke Berr ambassador will walk you through the steps above and verbally ask you to confirm the details of your order.

We reserve the right, in our sole discretion, to refuse, cancel and terminate orders at any time on reasonable grounds. For example, we may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale. 

Prices, taxes and shipping costs

All prices displayed on the product pages of the Platform or provided by the Customer Service Center include sales taxes/VAT and shipping costs.

The applicable currency will be updated based on the shipping destination after you provide us with the delivery address and will be shown in your shopping bag before you place your order. You should check updated prices and currency carefully.

Sales, use or other taxes will vary based on the location to which products are being shipped.

We reserve the right to modify prices and delivery costs at any time without prior notice.

We take reasonable care that the prices of products and delivery costs are correct at the time when the relevant information was entered into the system or communicated to you via the Customer Service Center. However, it is always possible that, despite our reasonable efforts, some of the products offered through our Sales Channels or delivery costs may be incorrectly priced. If any of the products you place an order for or any delivery costs are incorrectly priced, we will contact you as soon as possible to inform you of this error. If we are unable to contact you using the contact details you have provided during the order process, we will cancel the order and notify you in writing. If we mistakenly accept and process your order where a pricing or error occurs, we may cancel supply of the product and refund you any sums you have paid.

Please note that changes to applicable law between the date your order is placed and the date you are sent a written Confirmation of Order & Shipment may result in changes to the taxes associated with your order. If the resulting change is an increase in the taxes that you are charged, we will contact you and ask that you reconfirm your order.

Payment

We accept the methods of payment identified as part of the order process via the Sales Channels. Depending upon the means of payment, we may require additional information, including specific forms of identification.

When ordering on the Platform, you will need to enter your payment details on the appropriate form. In the case of an order placed by telephone, you will need to communicate to the Customer Service Center your complete payment details. All payment card holders are subject to validation check and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, you will need to contact your card issuer directly to solve this problem.

Other payment methods may also be subject to validation checks and authorization by the payment system providers as well. You expressly authorize us to perform security checks, where we deem necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your payment card details, to authenticate your identity, to validate your payment card, to obtain an initial payment card authorization and to authorize individual purchase transactions.

The full amount of your purchase will typically be blocked on your payment card until your order is shipped, at which point you will be sent a Confirmation of Order & Shipment and your payment card will be charged the applicable purchase price.

Where you use a credit card/debit card or any other instant or early capture payment solution offered on the Platform as a payment method, the full amount of your purchase may be taken immediately following the placement of your order. Pre-payment shall not impact any of your legal rights under these conditions of sale (including for example any right of refund). Once your order is shipped, you will be sent a confirmation of order and shipment. If we cannot meet our shipping and/or delivery obligations set out below, we will notify you via e-mail and we will refund the pre-payment without undue delay. For credit card/debit card, the full amount of your purchase may also be blocked on your payment card until your order is shipped, at which point you will be sent a confirmation of order and shipment and your payment card will be charged the applicable purchase price.

We may accept bank wire transfer for orders at our sole discretion. We do not charge a fee for bank wire transfers for orders made through the Sales Channels or Client Relations Center, however, some financial institutions may charge a fee for using a bank wire transfer. We require that all bank wire transfer orders placed by telephone be confirmed through an order approval process. We may acknowledge a bank wire transfer order, but the order will not be processed until the payment has been received and confirmed by us by e-mail. If your wire transfer payment is not credited into our bank account within seven (7) days after you have placed your order, your order will be canceled.

For purchases with delivery to addresses in the United Kingdom: Where you choose to pay for the selected product(s) and/or services(s) using our finance option, the payment and finance option will be subject to these Conditions of Sale and the applicable terms and conditions of our finance option provider, Secure Trust Bank PLC trading as V12 Retail Finance (“V12 Retail Finance”). Van Cleef & Arpels acts as a credit broker offering credit products exclusively from V12 Retail Finance. Van Cleef & Arpels is a UK trading name of Richemont UK Limited. Richemont UK Limited is an appointed representative of Watchfinder.co.uk Limited which is authorized and regulated by the Financial Conduct Authority. You will have the opportunity to acknowledge and agree to V12 Retail Finance terms and conditions before confirming the finance option as your method of payment and credit is provided subject to age and status. We and/or V12 Retail Finance can refuse finance applications at our sole discretion. If we and/or V12 Retail Finance decline your application, you can either pay for the selected product(s) and/or services(s) using another payment option or cancel your order. Following your successful application for financing, V12 Retail Finance will pay us (including any down payment) for the selected product(s) and/or services(s) and you shall be responsible for payments made to V12 Retail Finance under their terms and conditions. Products and/or services will not be reserved until you are notified under the Confirmation of Order & Shipment section below.

Acknowledgement of Order

Once you have made your choice and your order has been placed through the Sales Channels, you will receive a written Acknowledgement of Order (by e-mail or otherwise confirming the details of your order together with an order reference number). Please make sure that you save this order reference number for any future inquiries regarding your order. This Acknowledgement of Order is not an acceptance of your order. To confirm the order, we will conduct its usual credit, anti-fraud, security and related legal checks and, if acceptable, will then process your order. Upon receipt of the Acknowledgement of Order, it is your responsibility to review it and confirm that it accurately reflects your intended order. If you have any questions or concerns or if the Acknowledgement of Order does not reflect your intentions, you should contact the Client Relations Center promptly.  

These Conditions of Sale will be provided to you when we acknowledge your order.

Shipping Policy

We only accept orders for delivery to the country or countries that are identified during the Order Process. Please note that we do not ship to certain addresses, such as military, certain restricted areas, pick-up points, or PO boxes. For further information, please contact the Client Relations Center.

Geneva Showroom pick-up may be offered, free of charge. Please call the Client Relations Center for more information. We will inform you by e-mail or by telephone when the product is ready for pick-up at the boutique. 

If you order several products, we will ship the order only once all products are available (there will be no partial shipments unless otherwise communicated to you). 

Confirmation of Order & Shipment

Upon shipment of your order, we will send you a Confirmation of Order & Shipment in writing (by e-mail or otherwise). This Confirmation of Order & Shipment constitutes our acceptance of your order and indicates the existence of a binding sales contract.

Delivery

We will use reasonable efforts to ensure delivery by the carrier within the estimated delivery lead time from the date of our written Confirmation of Order & Shipment and in any event within thirty (30) days after that date, except if your purchase relates to a product or service that we have explained to you will take additional time to deliver, for example in the case of products or services that we personalize or produce to your specifications.

When ordering through the Sales Channels, you may be able to choose a specific delivery date as available on the Sales Channels. Any such specific delivery date remains subject to our confirmation.

If delivery of products is delayed by an event outside our control, we will inform you as soon as possible and will use reasonable efforts to minimise the effect of the delay. If we do not deliver within thirty (30) days from the date of the written Confirmation of Order & Shipment or any other time limit as indicated by us, you may contact the Client Relations Center to cancel the relevant order and get a refund of any sums you pre-paid us for any products which you have not received. 

In any event, your sole remedy for any failure by us to deliver the order to you shall be your right to cancel the relevant order and receive a refund of sums you pre-paid us for any products which you have not received.

When estimating your delivery time, please allow time for credit approval, address verification, security checks and order processing. Please note that delivery is always subject to receiving your full payment.

We will require a handwritten or electronic signature by you, or a person at the nominated delivery address (unless arranged by you otherwise), to confirm the delivery of each product, at which point risk and responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example, as a gift), then you understand and accept that evidence of a signature by such recipient (or a person at the delivery address) is evidence of delivery and fulfillment of the sales contract by Elke Berr and transfer of responsibility to the recipient in the same way as if the product had been delivered to you. We reserve the right to deliver products only to the person who is the intended recipient of the order as stated on the label of the parcel and to request ID check for verification purposes at the time of delivery for certain categories of products. Please refer to our FAQ or call our Client Relations Center for more information.

Invoices

When ordering products via the Sales Channels, you will receive an invoice that will be sent to you in writing (to your e-mail address as a PDF attachment or otherwise).

Returns and Exchanges Policy

This Return and Exchanges Policy details your options on how you can cancel a contract with us, how you can return your purchase, and your rights in relation to obtaining a refund or exchange.

(a) Right to Cancel or Exchange

At Elke Berr, we take pride in the craftsmanship and quality of our jewelry. If you are not completely satisfied with your purchase, we offer a seamless return and exchange process, tailored to different collections.

(b) Returns & Exchanges for High Jewelry & Bespoke Creations

High Jewelry and Bespoke pieces require special handling and authentication. These items are not eligible for refunds; however, they can be exchanged within 15 days of delivery for an item of equal or lesser value. To initiate an exchange, please contact our customer service team at office@berrandpartners.ch or +41 77 211 58 87 before proceeding. Our team will guide you through the process to ensure a smooth and secure exchange.

(c) Returns & Exchanges for All Other Collections

For all other pieces from our collections, we provide an automated return and exchange system. Simply visit [insert return portal link], enter your order details, and follow the guided steps to complete your return or exchange.

Eligibility & Conditions:

Returns & exchanges must be initiated within 15 days of delivery.
Items must be returned in their original, unworn condition with all accompanying packaging, certificates, and tags intact.
Personalized, engraved, special-sized, or bespoke items are not eligible for refunds but may be exchanged for an item of equal or lesser value.
Pre-order and semi-customized items (such as variations in gold color, gemstone color, and size) are eligible for returns and exchanges, as specified on the product page.

(d) Exchange Policy

High Jewelry & Bespoke Creations can only be exchanged for an item of equal or lesser value within 15 days by contacting our customer service team.
For all other collections, exchanges can be processed through our automated return portal [insert link]. If the new item is of greater value, the price difference must be paid before the exchange is processed.
If the exchanged item is of lesser value, a store credit will be issued for the remaining balance with no expiration date.

(e) Refund Processing

Refunds for eligible returns will be processed after inspection and may take up to 10 business days to appear in your bank account, credit card, or PayPal account.
If your order was placed using a gift card or store credit, the refund will be issued in the same form.
Store credit issued for exchanges is valid for future purchases and cannot be refunded.

(f) How to Initiate a Return or Exchange

For High Jewelry & Bespoke Creations, contact our customer service team directly.
For all other collections, use our automated return portal [insert link] to initiate the process.
If you have any questions, please reach out to our team at office@berrandpartners.ch or +41 77 211 58 87.

Manufacturer’s guarantee and your legal consumer rights

We are dedicated to upholding the highest standards of quality and craftsmanship for each of our creations, ensuring they pass rigorous technical and aesthetic inspections. Our timepieces are protected under the applicable Elke Berr Guarantee. If you require a repair for a product covered by this guarantee, please refer to its terms and contact us for further assistance.

As a consumer, you may also have legal rights under applicable consumer protection laws governing the sale of goods. These rights operate independently of our Conditions of Sale and the Elke Berr Guarantee, ensuring your protection remains unaffected.

Complimentary Services 

Elke Berr offers the following complimentary services through our sales channels to enhance your shopping experience: 

(a) Gift Wrap & Packaging
All orders are elegantly packaged in an Elke Berr gift box, wrapped in our signature packaging, and accompanied by an Elke Berr shopping bag (where applicable). 

(b) Engraving Services
Engraving is available for select products and is offered exclusively through purchases made via our Client Relations Center.
If you wish to personalize your Elke Berr piece with engraving, please provide the details to our team at the time of purchase.
Please note that personalized items cannot be canceled, returned, or exchanged. For further details, refer to our Return & Exchange Policy. 

(c) Jewelry Adjustments & Alterations
For any jewelry adjustments or alterations, please contact our Client Relations Center or visit our website for more information. Our experts will assist you with any necessary modifications to ensure the perfect fit and comfort of your Elke Berr jewelry. 

(d) Personalized Gift Notes
Add a personal touch to your order with a custom gift note, which will be printed on an elegant Elke Berr card and included with your package. Elke Berr reserves the right to reject any message deemed inappropriate or offensive for printing on our branded stationery.

Repairs  

For any repair inquiries regarding a product purchased through our Sales Channels, please contact us. Repairs are complimentary during the warranty period, provided the damage is not due to neglect or improper care. 
Upon request, we will provide you with detailed instructions on how to send your jewelry to us for repair.
Please note that all shipping costs and associated fees are the responsibility of the customer.

Limitation of Liability

To the fullest extent permitted by applicable law, Elke Berr disclaims and excludes all warranties, conditions, and terms related to our products and sales channels, whether express or implied by statute, custom, prior dealings, or trade practices.

Nothing in these Conditions of Sale limits or excludes our liability where such limitation or exclusion is not permitted under applicable law. Subject to this, our total liability to you for any claim related to an order—whether in contract, tort (including negligence), or otherwise—shall not exceed one hundred percent (100%) of the total price of the product(s) in your order.

Consumer protection laws in certain jurisdictions may not allow specific exclusions or limitations of liability, in which case some of the above provisions may not apply to you.

General Provisions

If any provision of these Conditions of Sale is deemed invalid, illegal, or unenforceable, the remaining provisions shall continue in full force, except where otherwise required by applicable law.

These Conditions of Sale, along with any referenced terms, form the complete agreement between you and Elke Berr regarding product purchases and replace all prior discussions, agreements, or understandings, whether oral or written.

Elke Berr is not responsible for any failure or delay in fulfilling obligations due to circumstances beyond our reasonable control.

A waiver of any breach of these Conditions of Sale does not constitute a waiver of any subsequent breaches.

This contract is strictly between you and Elke Berr. No third party has rights to enforce its terms, except that gift recipients are entitled to benefit from the applicable Elke Berr Guarantee.

Applicable Law & Jurisdiction

These Conditions of Sale are governed by the laws of the country where the applicable Elke Berr selling entity is registered, without reference to conflict-of-law principles. Any dispute, claim, or controversy relating to these Conditions of Sale—including their validity, breach, or termination—shall be resolved in accordance with these terms. If the laws of your country provide mandatory consumer protections beyond those in the applicable jurisdiction, we will afford you those protections.

You may initiate legal proceedings in either the courts of the country where the applicable Elke Berr selling entity is registered or in the country of your residence. Similarly, Elke Berr may bring proceedings against you in your country of residence.

Before pursuing legal action, you and Elke Berr agree to make reasonable efforts to resolve any disputes amicably within thirty (30) days.

If you are a consumer residing in the European Union, you have the right to seek resolution through an Alternative Dispute Resolution (ADR) entity. A list of ADR entities in your country can be found on the European Commission’s Online Dispute Resolution platform: http://ec.europa.eu/consumers/odr/.

Contact us

If you have any questions or concerns regarding these Conditions of Sale or any other inquiries, please feel free to reach out to us using the contact details provided below.

office@berrandpartners.ch