Terms and Conditions

TERMS & CONDITIONS

PREZIOSA – BZ

 

 

 

                                                                                      PREZIOSA – BZ

                                                                                      Talstrasse 20

                                                                                     CH-8001 Zurich, Switzerland

                     

                                      Email: info@preziosaswiss.ch

                                                                           Website: www.preziosina.com

                                                                       

     

Latest Terms & Conditions update: 01.05.2024

 

 

Purchases at PREZIOSA – BZ

 

These general conditions apply to all contracts concluded with PREZIOSA – BZ and they contain all mutual rights and obligations between the client and PREZIOSA – BZ. PREZIOSA -BZ is the controlling entity behind the brand name, brand rights and brand policies of www.preziosina.com also known as PREZIOSINA.

 

The client declares that prior to the conclusion of any contract with PREZIOSA – BZ they took notice of the general conditions as published on the website of PREZIOSA – BZ,  www.preziosina.com and expressly declares to accept them.

This declaration of acknowledgment and acceptance is done by the” internet client” by an electronic confirmation and by the ‘non internet client” from the moment of agreement with the offer and the subsequent payment (or advanced payment) of the agreed amount.

 

This website has been created and is managed by PREZIOSA - BZ, Talstrasse 20, CH-8001 Zurich.

 

 

Article 1. DEFINITIONS, SCOPE OF APPLICATION AND OBJECT

1.1. Definitions

 

·      PREZIOSA - BZ:  with company seat at Talstrasse 20, CH-8001 Zurich, acting under the commercial brands PREZIOSA – BZ;

·      Purchaser: any natural person or person created by law who enters into a contractual relation of any type with PREZIOSA - BZ;

·      Consumer buyer: any natural person or person created by law who buys  products or services present on the market;

·      Client: any person who accedes to the PREZIOSA - BZ website and has purchased an item via our website;

·      Person: any natural person, a person created by law;

·      Products: the object of one or more items;

·      Prices and/or price indication on the website: The mere indication of a product price on the website PREZIOSA - BZ never contains a final offer. It can never be a source of rights for the client. (See hereafter: Products with a fixed price, Products with an indicative price, Guaranteed fixed prices and art.1.4. of the General conditions)

·      Products at indicative price: only means that the available product has no stable market price so that the price of this product will be subject to important fluctuations due to the fluctuations of the price of the raw material (for ex. rare natural gems components) or the composition of the available product (for example in case of hand crafted design). This means that there can be an important difference between the price mentioned on the PREZIOSA - BZ website and the price mentioned in the final offer of PREZIOSA - BZ (see hereafter: Guaranteed fix prices and art.1.4. of the General Conditions)

·      Guaranteed fixed price: The price mentioned in the offer that PREZIOSA - BZ gives to the client. This is an obligatory price for PREZIOSA - BZ, during the validity time of the offer (see hereafter art. 1.4. of the General Conditions).

·      Website(s) : following websites (together or separate), managed by PREZIOSA – BZ  www.preziosina.com;

·      Identification Modes: The security systems mentioned in the General Conditions which must be used by the client to get access to and to use the websites of PREZIOSA - BZ, and to secure the access to these sites, consisting of a login and a password. PREZIOSA - BZ is entitled to change or to adapt the identification modes. The new identification systems will be considered as the identification modes as defined above.

·       

 

1.2.          Scope of application

 

Website and showrooms and/ or offices PREZIOSA - BZ

These general conditions apply to the use of PREZIOSA - BZ  websites, to all PREZIOSA – BZ  offers (via website or via the showrooms and/ or offices), and to all contracts concluded with PREZIOSA - BZ  and contains the mutual rights and obligations of the client and PREZIOSA – BZ.

 

Exemptions

Unless expressly agreed otherwise in a written form, no exemptions to the present general conditions will be accepted. All clauses which were not subject to exemptions will fully remain in force.

 

General and Billing Conditions of the client

The client's own general and/or billing conditions will never apply to the contracts concluded with PREZIOSA – BZ.

 

Worldwide sales

PREZIOSA - BZ's products are sold worldwide, adhering to the OFAC sanctioned countries and individuals.

 

 

1.3.          Object, offers and mistakes

Own brands Intellectual property rights

 

PREZIOSA - BZ offers a jewelry line of high quality and standing under its own name and brand. This jewelry line is offered and showed on the website and in the specific showrooms and/ or offices mentioned on PREZIOSA - BZ websites.

All products manufactured and sold under PREZIOSA - BZ's name and brand are protected by national and international law (i.e. intellectual property rights) and are property of PREZIOSA – BZ. It is forbidden to use the commercial names and brands

 

‘PREZIOSA - BZ' and/or ‘PREZIOSINA’ and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewelry under the PREZIOSA - BZ  and or PREZIOSINA brand or to transfer any rights to thirds. The client commits himself to indemnify and to guarantee PREZIOSA - BZ against all claims or law suits of third parties, for damages caused by infringements of these obligations.

Stocks and Offers

The products shown and described on PREZIOSA - BZ's website give an overview of the complete line of PREZIOSA – BZ. The product price mentioned on the website of PREZIOSA - BZ does not contain a definite price offer. A purchase is only concluded when the payment has been received from the customer and PREZIOSA - BZ is able to deliver the product to the customer. This may be in physical office meetings at the PREZIOSA – BZ headquarter as well as/ or via domestic or international shipping companies.  PREZIOSA - BZ refers for as much as necessary to its article 1.4 of these General Terms and Conditions.

PREZIOSA - BZ aims at maintaining a stock of products shown and offered on its website. Yet PREZIOSA - BZ will never be able to guarantee that it can supply the product that the client is willing to buy. The client can always contact (by phone or mail) PREZIOSA - BZ, to verify the availability of a product. PREZIOSA - BZ will do its utmost best to manufacture and/or deliver the ordered products. In case of unavailability of the product or impossibility to manufacture the product or (sudden) extreme price fluctuations, and even if the (potential) client has transferred money to PREZIOSA - BZ by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind PREZIOSA - BZ to deliver and PREZIOSA - BZ can still decide to repay the same sum. Of course, PREZIOSA - BZ commits itself to communicate as soon as possible the reason of repayment.

As to bespoke jewels, our experts always make an approximate calculation of the number of small gems in the jewel based on the pictures or information we are provided with. This number is rough and may be slightly rounded during the evolution of the manufacturing process. Given that any small change to the reduction or increase in the number of small gems will have no real effect on price, the price will remain the same in either case. Regarding the sale of coloured gemstones (ruby, sapphire, emerald, ...), any indication of size, carat of the gemstone(s) will always be communicated as accurate as possible. These values remain indicative.

The images of coloured gemstones on the website or accompanying a personal offer, strive to be a realistic representation of the given stone(s). A divergency in colour, due to incidence of light, current natural light conditions or the use of artificial light is possible. If the client requires exact information on the colour and other properties of the given stone(s), it is possible to acquire a certificate (by a renowned laboratory) of the given stone(s). The certification of coloured stone(s) is not offered standardly, since this is not customary. The certification of coloured stone(s) implies a delay in production and an additional cost dependent on the carat of the stone(s) can apply.

 

Gift cheques

If available, clients can purchase gift cheques on the website and in all showrooms and/ or offices of PREZIOSA – BZ. These gift cheques can be used as a payment instrument in order to purchase products shown and described on the website and this by using a single- use code. The value of the gift cheque will always be deducted from the price (VAT included) of the purchased jewel as mentioned in the order confirmation. Additional taxes (i.e. import taxes, local taxes outside EU) are at clients' charge.

 

Mistakes and clerical errors

Information, pictures, descriptions on the website of PREZIOSA - BZ or the information given by email, by chat communication - and/or by phone are as precise as possible. But PREZIOSA - BZ cannot be held liable for mistakes, clerical errors, erroneous mentions or lack of information.

When the client faces unclear information they can always contact a representative of PREZIOSA - BZ Contact data of PREZIOSA - BZ are mentioned in the present General Conditions and on the website or with a tailor-made quotation.

When the price of a product, mentioned in the offer or a quotation, is different from the real price, a representative of PREZIOSA - BZ will contact the client, before expedition of the purchased product, to leave him the possibility to either pay the price difference, or to renounce the purchase. PREZIOSA - BZ apologizes for the troubles which could be caused by this.

 

Articles without natural gems

PREZIOSA - BZ is a natural gems jewelry brand, selling  articles with natural gems. However, as a matter of service to our clients who buy/bought natural gems jewelry, PREZIOSA - BZ offers (only) these clients the possibility to buy articles without natural gems (e.g. wedding rings without natural gems).

This paragraph concerning articles without natural gems does not apply to watches. See art. 17 in our Terms of Use.

 

Pictures

PREZIOSA - BZ exerts itself to give a realistic and detailed picture of her products on its website. It could happen that a product is enlarged or reduced on the picture to allow the client to have a detailed view of the product. The client must be aware that each screen is calibrated in a different way so that image and colours can be slightly different from reality.

 

Availability

The client can verify the availability of a product on the website of PREZIOSA - BZ The data concerning a product (i.e. the price) are subject to daily changes and do not bind PREZIOSA - BZ In case of unavailability of the product or impossibility to manufacture the product or (sudden) extreme price fluctuations, and even if the (potential) client has transferred money to PREZIOSA - BZ by wire transfer or via credit card (hereby endorsing its intention to purchase), this does not bind PREZIOSA - BZ to deliver and PREZIOSA - BZ can still decide to repay the same sum.

 

Determination and selection of the appropriate ring size

PREZIOSA - BZ provides the customer with as many tools as possible (eg., possibility to measure one’s size in our showrooms and/ or offices etc ...) so that customers can correctly determine their ring size even when ordering at distance. After determining the ring size (no matter through which PREZIOSA - BZ mean), the choice and the order of the right size is the customer's responsibility and not PREZIOSA - BZ’s. This applies to all means of ring size determining, including the determination in one of our showrooms and/ or offices with a standard metal ring sizer. Even in the latter case when receiving the opinion of the PREZIOSA - BZ advisors, the size choice remains at clients’ discretion and is their responsibility. Customers must decide based on their own impressions (ex. preference for a tighter or wider size etc ...). Moreover, given the number of different ring styles and the fact that our products are hand-crafted, PREZIOSA - BZ is by no means able to ensure that the metal thickness of the finished products will be 100% equal to that of demonstration models      (available in our showrooms and/ or offices), this means that depending on the different models there might be slight discrepancies in the ring size. PREZIOSA - BZ will never be responsible for any wrong ring size complaints and the shipping and size adjustment costs will never be on its behalf. These costs will be charged to the customer.

 

Determination of conformity of delivered products

Given the fact that our products are hand-crafted, and images and videos of the demonstration models online can be slightly different from reality due to the fact that each screen is calibrated in a different way, PREZIOSA - BZ is by no means able to ensure that the metal thickness, height of the settings, details of the chaton of the finished products will be 100% equal to that of demonstration models (available in our showrooms and/ or offices), nor to the visual demonstration of our website.

 

This means that depending on the different models there might be slight discrepancies in the finished product. Slight differences such as height of setting, style of finishing (rounded or tiger prongs), width and thickness of ring band, are not      defined as inconformity. PREZIOSA - BZ will never be responsible for any complaints regarding these above explained slight discrepancies.

 

1.4.      Conclusion of the contract

 

Intention to purchase:

Before the conclusions of any contract between an internet client and PREZIOSA - BZ

the client must select a certain product and fill in the data asked by PREZIOSA - BZ

or its third party providers (eg., shopify). By doing so the client only expresses his intention to purchase a certain product.

 

The client can either choose a product at fixed price (see art. 1.1 Definitions) or a product at indicative price (see art. 1.1 Definitions). Upon reception of the clients' intention to purchase, PREZIOSA - BZ will, for an available product at fixed price (see art. 1.1 Definitions), immediately forward a definite offer to the client.

 

Offer and order confirmation:

Concerning the products at indicative price (see art. 1.1 Definitions) PREZIOSA - BZ will forward by email an offer to the client within ten (10) days. This offer will be as close as possible to the desires of the client expressed in his intention to purchase. This offer implies that from the moment the e-mail is sent to the client, the product in question will be displayed on the website for 2 working days. The client will therefore

-  for a maximum period of 2 working days - be able to purchase the production in question at this price, depending on availability.

 

Validity time of the offer and confirmation of the offer:

Each offer of PREZIOSA - BZ is conditional. Each offer has a validity time of maximum two (2) working days, starting from the moment that PREZIOSA - BZ forwards the offer to the client.

Provided that no contract has been concluded and/or that PREZIOSA - BZ did not receive any payment, nor any confirmation of payment (by bank transfer), the offer will be lapsed, notwithstanding the right of PREZIOSA - BZ to extend the running time of the offer. This means that the offer and the guaranteed price are only valid during the running time or during the extended running-time of the offer unless the product is unavailable, it is impossible to produce the product or the product is under the influence of (sudden) extreme price fluctuations. Extension of time can only be granted expressly and in written form by PREZIOSA – BZ

 

Formation of the contract:

The contract is concluded provided that the client has unconditionally accepted the offer and has expressly accepted the general conditions of PREZIOSA - BZ and that PREZIOSA - BZ forwarded an unconditional order confirmation to the client. When the offer has been made by use of the website of PREZIOSA - BZ the order confirmation is forwarded to the client by mail on the mail address supplied by the client. The contract between the client and PREZIOSA - BZ always provides an explicit resolving clause. (see infra). PREZIOSA – BZ does not always need a contract. It only operates with a contract if the client so desires. An official invoice for the client shall suffice and in the event of an online purchase.

PREZIOSA – BZ reserves the right that the confirmation email stating pickup or the delivery terms shall act in a form of an mutual contractual agreement as well.

 

Explicit resolving clause:

Each contract concluded with PREZIOSA - BZ is subject to the resolving condition of payment of the purchase price within the period as précised hereafter.

In case PREZIOSA - BZ did not receive any payment, nor any confirmation of payment (by bank transfer), within five working days after the offer has been forwarded by PREZIOSA - BZ to the client, PREZIOSA - BZ will be entitled to resolve the contract in a unilateral manner and without notification of the client.

 

Valid contract:

When the online purchase has been concluded through the website, both the client and PREZIOSA - BZ explicitly declare that the “contract” has been valuably concluded by means of electronic communication. Parties declare that the “contract” has obligatory force notwithstanding the lack of physical signature. The electronic data of PREZIOSA – BZ are accepted as evidence.

Breach of contract:

To avoid abuse, the return policy only applies after the effective delivery and receipt by the Customer of the ordered and purchased item has taken place. In the event that the customer wishes to cancel an order before delivery, the depreciation that it suffered can be charged.

 

PREZIOSA - BZ is committed to delivering high quality tailor-made products at the best possible price/quality ratio. As for the design, PREZIOSA - BZ  has full confidence in the aesthetic sense and expertise of its craftsmen when manufacturing customized jewelry. This is why, without any clear and precise indication from the customer’s side regarding the design of the jewel, PREZIOSA - BZ goldsmiths reserve the right to create the order based on their own expertise in this area (which always includes the respect of quality standards such as stability, security and sustainability) and personal inspiration.

 

PREZIOSA - BZ will never be responsible for any complaints regarding the design of the finished jewel once the final version of the 3D drawings has been validated upon written confirmation by the customer without submitting any specific remarks on the appearance of the desired jewel.

 

At the end of the manufacturing process, small changes can still be considered, if possible. Indeed, it is at the discretion of our goldsmiths (whose choices and actions are always conducted by the compliance with quality standards such as stability, security, and sustainability) to decide whether it’s possible to make small adjustments, If small changes are possible but would entail costs, these costs will still be subject to customer’s acceptance.

 

In the context of bespoke designs, PREZIOSA - BZ is always entitled to make necessary adjustments the jewel in the context of technicality, durability, safety, portability.

 

And finally, in the particular case that the client has paid a partial amount of the total purchase amount (= advanced payment), and PREZIOSA - BZ has already started the production of bespoke jewel, then PREZIOSA - BZ is entitled to resolve the contract in a unilateral way, if the client does not pay the remainder part of the total purchase amount within the by PREZIOSA - BZ agreed & approved timings (if no specific date/period is set, the latest date/period for full payment is determined from the moment PREZIOSA - BZ notifies that the purchased item(s) are ready for shipment). In this case PREZIOSA - BZ is entitled to an indemnity which amounts at 50% of the total purchase amount, whereby obviously the partially paid amount will be considered as non-refundable and as part of this due indemnity.

Naturally, PREZIOSA - BZ is also authorized to always demand and enforce execution of the purchase and thus full payment.

 

PREZIOSA - BZ also possesses showrooms and/ or offices. These showrooms and/ or offices are not to be considered as points of sale. The main purpose of these showrooms and/ or offices is to facilitate & guide potential clients in questions & understanding of the offering by PREZIOSA – BZ.  This can be done by guiding them through the website www.preziosina.com or giving them explanation regarding the offered products. Every request from a potential client which might lead to a different price or quality as shown on the website should be transferred to the headquarters of PREZIOSA - BZ in Zurich, where the final decision regarding the price of requested quality will be taken and the sale will be concluded.

1.5    PREZIOSA - BZ’s policy Zero tolerance towards conflict diamonds &  gems.

 

Although it has been determined that 99.9% of natural gem transactions involve

non-conflict diamonds & gems PREZIOSA - BZ can confirm it has a zero-tolerance policy towards conflict diamonds & gems. If we have to buy diamonds or gems we make sure it is from the internationally renowned exchange through the most respected gems manufacturers who act in line with the standards set up by the Kimberley Process and in compliance with United Nations Resolutions and corresponding national laws/ or not in violation of sanctions by the U.S. Department of Treasury Office of Foreign Assets Control (OFAC).

 

 

 

Article 2. AVAILABILITY, IDENTIFICATION, SECURITY

 

2.1.          Availability

 

The PREZIOSA – BZ owned website, www.preziosina.com, will be available every day, 24 hours a day. (see art.9 and 10 of the present general conditions)

 

2.2.          Access and use

To receive an offer from PREZIOSA - BZ via internet, the client has to identify himself and use the identification mode provided by the website. PREZIOSA - BZ exerts itseld to secure as much as possible the communication line for ‘access to' and ‘use of' the website of PREZIOSA -BZ.  For this purpose, PREZIOSA - BZ can at any moment change the access procedure, the identification mode, the access to this identification mode and the security measures, required by i.e. the technical evolution.

 

 

2.3.          Use of a password

In some cases the client will have to use a password to access certain parts of the website(s) of PREZIOSA – BZ. The access to these parts without using the password is strictly forbidden. The client must keep the received password secret. The client commits himself to inform PREZIOSA - BZ immediately in case his password has been disclosed to thirds or in case he received the password through person/company other than PREZIOSA - BZ.  Any use of the services of PREZIOSA - BZ, if required after the valuable identification of the password, will be considered as been executed by the client. In case PREZIOSA - BZ has reasons to believe that the security of its website is in danger, it reserves the right to be entitled to alter the clients' password.

 

2.4.          Suspension of the service Maintenance, modifications, improvements

PREZIOSA - BZ is entitled to suspend the services of its website and the connected systems when maintenance, modifications and improvements must be done.

 

Technical incidents, force majeure, urgency

In case of a technical incident, in case of force majeure or in case of urgency, interruptions could occur without previous warning. In case of a partial or a total denial of access to the website, PREZIOSA - BZ will if possible try to explain the reasons to the client. PREZIOSA - BZ refers to the provisions of art. 9 and 10 of the present general conditions.

 

2.5.          In case of problems

The client is requested to contact a PREZIOSA - BZ representative – as identified in art.16 of the present general conditions and on the website – in case the client faces problems as consequence of the interruption of the website, as mentioned in art.2 of the present general conditions.

 

Article 3. PRICES, METHODS OF PAYMENT AND PAYMENTS

 

3.1.          Prices

 

Prices are not negotiable. Once the agreed price has been paid (fully or via partial payment), the price is fixed and will not be changed, whatever reason (promotions, etc) brought by the client.

Prices are in €, $, £, CHF, HKD or JPY.

Prices on the website are in CHF.

 

Overview of prices and transparency

In general:

 

PREZIOSA - BZ guarantees that its product offer gives a correct and transparent overview of prices and of all elements of that price.

Costs connected to the method of payment: Certain payment methods (see art.3.2. infra) can result in additional costs. This will be clearly communicated to the client. Calculation of the costs: VAT, local taxes, import and export charges and taxes, delivery costs, will be calculated in function of the place of delivery.

Promotional and/or special discount prices (in any form) are not cumulative. The use of discount vouchers or discount codes is only applicable for natural gems jewels. The discount cannot be applied after the payment has been made. Gift vouchers distributed by PREZIOSA - BZ of CHF 200 can only be used if the purchased amount excl. VAT is higher than CHF 1000. Gift vouchers distributed by PREZIOSA - BZ cannot combined with other discounts, and only one can be used for each purchase. When the gift voucher s purchased by a client and distributed as a gift, more vouchers can be used for one purchase.

 

Internet client: The price mentioned by PREZIOSA - BZ in its offer to the client is due by the client, according to art.1.4. of the general conditions.

Non internet client: The price indicated in the invoice of PREZIOSA - BZ is due by the client.

 

Errors in the price offers:

PREZIOSA – BZ is entitled to correct errors (of manipulation), like -but not exclusively- evident mistakes, even after conclusion of the contract. PREZIOSA - BZ refers -when required so- to art. 1.3. ‘Errors and mistakes and erroneous mentions' and to art.1.4. of the general conditions.

 

Product offer:

Once the client has communicated his intention to purchase, PREZIOSA - BZ will make forward an offer to the client in which the VAT tariff will be mentioned. If required so, PREZIOSA - BZ refers to art.1.4. of the present general conditions.

The costs of delivery are paid by PREZIOSA - BZ

In case of delivery outside the EU, prepayment of export and import charges and taxes, and other local taxes and charges can be asked to the client.

What do the prices found on www.preziosina.com include?

Prices & taxes payable to PREZIOSA - BZ depend on the country of destination (= country where the purchased items will be delivered).

 

 

 

 

 

 

Clients within the EU

Prices (payable to PREZIOSA - BZ) will be increased with the appropriate VAT rate for each EU country.

 

 

Clients outside the EU

Prices payable to PREZIOSA - BZ remain exclusive VAT. Thus no VAT is applicable,

but most countries apply on delivery a border tax and/or local taxes, which our clients have pay to the delivery courier.

 

PREZIOSA - BZ informs the customer about the items that the customer needs to present while passing through the customs of the European airport from where the customer will export the jewel. The customer will need to present the purchased product(s), the invoice, the passport (proving that the customer is no European resident) and the boarding pass (proving that the customer is leaving Europe).

The exportation must be performed within 3 months from the date shown on the product invoice.

 

 

Bank fees:

PREZIOSA - BZ will never be responsible for any mistakes coming from the customer’s side (ex. erroneous bank details) that would result in bank fees. The customer will eventually be charged for these bank fees.

 

PREZIOSA - BZ will never take on its behalf any bank fees which result out of the bank wire. These bank fees will eventually be on behalf of the customer.

 

 

Additional information:

If required PREZIOSA - BZ will provide to the client enough information concerning the export and import charges and taxes, and other local taxes and charges concerning expeditions outside the EU. Export and import charges and taxes, and other local taxes and charges are always at clients’ charge, unless otherwise provided in legal provisions.

PREZIOSA - BZ can never be held liable for differences/changes in VAT tariff or export and import charges and taxes.

 

 

3.2      Methods of Payments

 

The client who received, and unconditionally accepted an offer PREZIOSA - BZ, according to art. 1.4. of the general conditions, can pay in the following ways:

-     Bank transfer (Please note that all extra bank charges need to be borne by the client. We need to receive the agreed amount NET on our account. No exceptions will be accepted).

-    Visa, Mastercard, American Express, Diners Club, Maestro, Paypal, Alipay, WeChatPay, ChinaUnionPay

-    - Gift cards of PREZIOSA – BZ.

Extension PREZIOSA – BZ, can change and/or extend the payment means. These modifications and/or extensions will be communicated through the website of PREZIOSA – BZ.

 

 

 

SSL Technology:

To guarantee the security of online payments and personal data of the client, the online transactions will be encrypted by SSL technology.

 

Specific Conditions:

When payment is done by credit card, the conditions of use of this card are determined by the card issuer. PREZIOSA - BZ is not involved in the relation between the client and the card issuer. PREZIOSA - BZ will never take on its behalf any bank fees that may be charged by the customer’s bank. These bank fees will eventually be on behalf of the customer.

 

Article 4. TERMS OF DELIVERY:

4.1.          In general

 

 

·      With ‘delivery’ we mean – unless otherwise defined – first delivery to the client in case of a purchase.

·      PREZIOSA - BZ takes cost and insurance of the first delivery due to a purchase at its charge. Reshipments, 2nd or later deliveries after adjustment or repair, fall under the client’s responsibility.

·      Purchased products will only be delivered by PREZIOSA - BZ after payment or confirmation of payment according to art. 1.3. and 1.4. of the present general conditions.

·      Purchases on the website of PREZIOSA – BZ are dispatched worldwide. PREZIOSA - BZ works together with transport companies specialized in the forwarding of valuable goods. Depending on the place of delivery, the purchased products will - in most cases - be forwarded by companies such as BRINKS or MALCA AMIT.

 

 

4.2.          Terms of Delivery calculations:

The estimated time depends on the place of delivery and the type of product. The term of delivery mentioned in the offer is merely indicative and does not create any rights for the client. The term of delivery will be mentioned in the offer and – if required – confirmed in the order confirmation forwarded to the client.

 

Expedition between 2 to 15 working days

PREZIOSA - BZ exerts itself to deliver the purchased products as soon as possible. A term of delivery of 2 to a maximum of 15 working days should be considered by the client. In most cases maximum 10 working days in Europe and maximum 15 working days outside Europe. This delivery term starts from the day of reception of the payment on the account of PREZIOSA - BZ.

 

Paragraph 4.2 concerning the delivery between 2 to 15 business days does not apply to watches. See art. 17 in our Terms of Use.

 

 

PREZIOSA - BZ strives for excellence in delivery times. Since 2010 PREZIOSA - BZ has delivered  > 95% of its packages on time, regardless the destination. Having said this, and although PREZIOSA - BZ works with very reputed delivery partners (Fedex, Brinks, Malca Amit, DHL, UPS, etc.), PREZIOSA - BZ can only control the ‘in-time’ shipment of a package. A delay in delivery can always happen and is therefore beyond our control. No company in the world can guarantee a 100% on time delivery. This is simply impossible as we always rely on people, regulations and governmental decisions and therefore force majeure can always happen, i.e. and in a non-restricted way is understood by force majeure, war, revolution, attempts, disasters, strikes, epidemics, pandemics, local and cross-border government measures and all other events beyond PREZIOSA - BZ's will and control by which PREZIOSA - BZ cannot partially or totally fulfil its obligations anymore and consequently does not grant the client any right for financial compensation or cancellation of the order. Consequently, a late delivery as such does not grant the client any right for financial compensation or cancellation of the order.

 

 

4.3.          Delivery address

Purchased products will be delivered at the address mentioned by the client in their intention of purchase or in the acceptation of the offer, after payment by the client. Client can be asked to sign a delivery note when the purchased goods are delivered. To avoid fraud PREZIOSA - BZ recommends the client to give his address mentioned on his credit card or known by the financial institution of the client.

 

4.4.          Shipping reference:

When the purchased product is shipped, the client will receive a shipping reference number by email, by which he can follow up the shipment on the website of PREZIOSA – BZ.  Starting from the collection at PREZIOSA – BZ, PREZIOSA - BZ asks the client to make a precise follow up of the shipment and to assure that the client will collect or charge a trustful person to collect the purchased product.

 

Control of the shipped parcels:

PREZIOSA - BZ recommends its clients to check shipped parcels previous to the signature of the delivery note for apparent defects, such as i.e. fissures and dents.

 

4.5.          Packaging of the product:

All purchased products ready to be shipped by PREZIOSA - BZ are packed in a fitted, high-quality box to protect the purchased product during the shipping.

 

4.6.          Insurance of the shipped product:

 

Each shipment made by PREZIOSA - BZ in case of a first delivery to a client due to a purchase is fully insured (risk-free). PREZIOSA - BZ takes in this case all shipping risks on its own charge. For security reasons the client can be asked to sign a delivery note when the purchased goods are delivered. PREZIOSA - BZ asks the client to make a precise follow up of the shipment and to assure that he will collect himself or charge a trustful person to collect the purchased product.

 

Transfer of risk:

Risks are transferred to the client once the parcel (which contains the purchased product) has been delivered at the – by the client - indicated address, even if the delivery note has been signed for reception by another recipient than the client himself/herself. The recipient is obligated to sign for reception (which is the formal prove of delivery). Delivery is finalized when the recipient signs for reception. Any alteration to this process requested by the client transfers to risk the client (e.g. when the clients specifically request or authorizes a delivery without signature).

 

4.7.          Lack of collection of delivery

When the client fails to collect the parcel in due time, the parcel will be reshipped to PREZIOSA – BZ. PREZIOSA - BZ will notify the client that the purchased product(s) remain(s) at their disposal at PREZIOSA - BZ and will invite the client to collect the purchased product within 1 month after reshipment.

The client will be entitled to collect the purchased product after payment of reshipment charges or to ask for reshipment to their address after payment of the

 

reshipment charges to PREZIOSA - BZ and reshipment charges to the (new) address of the client.

When the client fails to collect in due time PREZIOSA - BZ is entitled either to ask for payment, or to resolve the contract in a unilateral manner and without intervention of any judge/court.

 

Article 5. GEMS CERTIFICATES

 

5.1    Used certificates:

PREZIOSA - BZ only uses high quality gems in its jewels. For each piece of jewelry that holds a diamond equal to or over 0.30ct , you receive a certificate of a recognized natural gems laboratory, with a description of your stone's 4 C's. These laboratories are exclusively GIA, HRD, or IGI. When a client has specific preference in terms of certificates before purchase, PREZIOSA - BZ will try to meet these. Unless specifically mentioned, PREZIOSA - BZ will never guarantee this. Also, the client explicitly agrees on the quality description of the gems as mentioned on the certificates delivered. Consequently, PREZIOSA - BZ will not respond to any further arguments in this matter.

 

Article 6. WARRANTIES

6.1  Warranties of the client:

The Client is held to guarantee PREZIOSA - BZ against all claims of thirds against PREZIOSA - BZ and which find their origin in the implementation of the contract between the client and PREZIOSA - BZ (i.e. indirect damages), provided that the law does not oppose these damages and costs being charged to the client.

 

 

Article 7. RIGHTS AND OBLIGATIONS OF THE PARTIES LIABILITY

7.1 Use of systems/connection:

PREZIOSA - BZ waives any liability for damages caused by dysfunctions of the hardware and/or of the software systems and all devices referred to these systems, which are used to have access to the website of PREZIOSA - BZ

 

7.2 Security and precautions:

The client is obliged to notify PREZIOSA - BZ immediately of all problems related to the access and use of the website of PREZIOSA - BZ

 

7.3      Unavailability of the website(s):

PREZIOSA - BZ waives any liability for damages caused by temporarily or final unavailability of its website.

 

7.4      Liability of PREZIOSA – BZ:

PREZIOSA - BZ waives any liability for damages to the client or to thirds caused by:

 

7.4.1    All cases of force majeure. I.e. and in a non-restricted way is understood by force majeure, war, revolution, attempts, disasters, strikes, epidemics, pandemics, local and cross-border government measures and all other events beyond PREZIOSA - BZ's will and control by which PREZIOSA - BZ cannot partially or totally fulfil its obligations anymore and consequently does not grant the client any right for financial compensation or cancellation of the order.

7.4.2    The impossibility to establish the necessary connection to be supplied by a service, the interruption of this connection, whatever could be the reason, problems by sending and receiving services, if these problems are caused by third parties.

7.4.3    Delays in execution or the non-execution of services by thirds as i.e. delays in or lack of transmission by communication providers contracted by the client.

7.4.4    Delays in execution or the non-execution of services by thirds contracted by  the client.

7.4.5    Errors in data supplied by third parties to PREZIOSA - BZ;

7.4.6    The recurrent unavailability of the website(s) of PREZIOSA - BZ because of errors, omissions, interventions of third parties or technical defects, whatever their nature and/or origin.

 

Examples (i.e.) contained in this provision concerning the unavailability of the website:

 

1.    Overloading of the network of the provider chosen by the client;

2.    Absence or neglect in maintenance of the maintenance service suppliers of PREZIOSA - BZ

3.    All cases of force majeure. I.e. and in a non-restricted way is understood by force majeure, war, revolution, attempts, disasters, strikes, epidemics, pandemics, local and cross-border government measures and all other events beyond PREZIOSA - BZ's will and control by which PREZIOSA - BZ cannot partially or totally fulfil her obligations anymore.

4.    Decisions and/or obligations imposed by Swiss or foreign authorities;

5.    Hypertext links on which PREZIOSA - BZ has no control and which give access to the website;

6.    Incomplete or erroneous information from third sources;

7.    Faults and negligence of the client himself.

 

7.5      Damages and interests:

PREZIOSA - BZ will never be liable for damages caused by a supplied service or product – whatever the reason - for an amount which exceeds the amount of the invoice paid by the client for this service or product.

 

 

 

 

 

 

 

 

 

 

Article 8. INTELLECTUAL PROPERTY

 

8.1  The client expressly acknowledges that intellectual rights concerning the name, all transmitted information, all pictures, all communications or other expressions concerning the products and/or in the website are and remain exclusive property of PREZIOSA - BZ, its suppliers or other holders of rights.

8.2  By intellectual property rights is meant patents, brand rights, copyright, design and models and other intellectual property rights as technical and/or commercial know-how, methods and concepts.

8.3  PREZIOSA - BZ refers to the provisions of the general conditions (see art. 1.3., 1st paragraph). Products sold under the PREZIOSA - BZ brand are protected by national and international laws (i.e. the intellectual property laws) and remain property of PREZIOSA – BZ.

8.4  It is forbidden to use the commercial names and brands ‘PREZIOSA - BZ' and/or ‘PREZIOSINA' and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewelry under the PREZIOSA - BZ brand or to transfer any rights to thirds.

8.5  The client declares that the products are bought for personal purposes and not for commercial purposes.

8.6  Nothing in the General Conditions nor any act of copying and/or downloading information can be considered as a partial or complete transfer of the intellectual property of PREZIOSA - BZ to a third party or to the client. The client will not infringe the intellectual property rights of PREZIOSA – BZ. The client is allowed to copy or to download his own data or the information, which is his exclusive property, provided that he will not alter any copyright or restriction of liability clause or any other provision.

8.7  The client will indemnify PREZIOSA - BZ and hold her harmless against any claim or legal action of third parties for damages caused by infringements on this provision.

 

 

Article 9. PERSONAL DATA

 

9.1 (Privacy & Cybersecurity insights)

PREZIOSA - BZ will treat personal data received from clients in accordance with its legal provisions concerning respect of privacy, as mentioned in article 3, under “SSL Technology”.

 

9.2 (Data Protection & Privacy Compliance - FADP)

By completing your purchase, you acknowledge and agree that PREZIOSA - BZ adheres to the Swiss Federal Act on Data Protection (FADP), effective as of September 1, 2023. In compliance with this regulation, we ensure that your personal data is processed transparently and securely. We collect and use your information solely for the purposes of fulfilling your order, enhancing your shopping experience, and complying with legal obligations. You have the right to request access to, correction of, or deletion of your personal data at any time. Additionally, any data transfers outside Switzerland are carried out with adequate safeguards in place to protect your privacy. For more details on how we manage your personal data and your rights under the FADP, please review our Privacy Policy.

 

 

 

Article 10. MODIFICATIONS TO THE GENERAL CONDITIONS

 

10.1      Publication of the modifications:

Notwithstanding art.1.4. of the general conditions, PREZIOSA - BZ can modify the present general conditions, the prices on the website, the product-line and its offers at any time and will notify these changes to the client on its website. These changes are applicable as soon as they are published on the website.

 

10.2 Acceptance of the modifications:

Use of the website after the publication of the modification of the general sales conditions means the acceptance of the modified version of the general conditions. The client is requested to consult the general conditions at regular intervals.

 

 

ARTICLE 11. JURISDICTION, APPLICABALE LAW & MISCELLANEOUS

 

Jurisdiction:

When parties were unable to resolve the conflict in an amicable way, only the Courts of the judicial district of Zürich, Switzerland are authorized. These Courts will have exclusive jurisdictions for all issues conflicts and disputes concerning the validity, the interpretation the enforcement or termination of the contract between the parties. The language used for legal disputes will be English to facilitate communication with the other party.

 

Applicable Law:

All issues, questions and disputes concerning the validity, the interpretation the enforcement or termination of the contract between the parties shall only be governed and construed by Swiss law. No effect shall be given to any other choice of law or to any conflict-of-law rules or provisions (Swiss, foreign or international) that would result in the appliance of another law or in the appliance of the Vienna convention concerning international sales.

 

MISCELLANEOUS PROVISIONS:

The governing seat of PREZIOSA - BZ is established in 2010 Zürich, Switzerland, Talstrasse 20, CH-8001 Zürich.

 

 

GENERAL INFORMATIONS:

 

The General Conditions apply to the website www.preziosina.com. By using this website, you commit yourself (hereafter the client) to accept and to respect these general conditions & the conditions explained under ‘legal information & privacy policy) as shown on www.preziosina.com

This website has been created and is managed by PREZIOSA - BZ, Talstrasse 20, CH-8001 Zürich, Switzerland.

 

Intellectual property rights:

PREZIOSA - BZ offers a jewelry line of high quality and standing under her own name and brand. This jewelry line is offered and showed on the website and in the specific showrooms and/ or offices mentioned on PREZIOSA - BZ websites.

 

All products manufactured and sold under PREZIOSA - BZ's name and brand are protected by national and international law (i.e. intellectual property rights) and are property of PREZIOSA – BZ. It is forbidden to use the commercial names and brands ‘PREZIOSA - BZ' and/or ‘PREZIOSINA' and to use, copy, reproduce, modify, disclose, distribute, supply, retail jewelry under the PREZIOSA - BZ brand or to transfer any rights to thirds.

 

The client commits himself to indemnify and to guarantee PREZIOSA - BZ against all claims or lawsuits of third parties, for damages caused by infringements of these obligations.

 

Responsibility & liability of PREZIOSA – BZ:

PREZIOSA - BZ refers as much as possible & whenever appropriate to the general conditions as publicized on PREZIOSA - BZ puts a lot of efforts into the accuracy & completeness of the information which is provided to the visitors of its website. Information, pictures, descriptions on the website of PREZIOSA - BZ or the information given by email and by phone are as precise as possible. PREZIOSA - BZ pays the greatest attention to the information we share on our website. We cannot, however, guarantee that the given information is always completely without flaw or fault. If the given information contains an error which should be evident to the average consumer, we will not accept any liability for this error. When the client faces unclear information, they can always contact a representative of PREZIOSA – BZ. Contact data of PREZIOSA - BZ are mentioned in the present General Conditions and on the website.

 

When the price of a product, mentioned in the offer, is different from the real price, a representative of PREZIOSA - BZ will contact the client, before expedition of the purchased product, to grant them the possibility to either pay the price difference, or to renounce the purchase. PREZIOSA - BZ apologizes for the troubles which could be caused by this.

As said, the information, software, products & services (“information”) which are proposed via this website can show deficiencies of all kinds. Therefore, notwithstanding its objective to provide as accurate as possible information, PREZIOSA – BZ waives any liability for damages to the client or to thirds caused by circumstances as explained in article 10 of the General Conditions.

The products described & visualized on www.preziosina.com give an overview of the product ranges of PREZIOSA - BZ.

The mentioning of a product on this website does not imply a firm offer. And the shown intention of visitor to acquire a product is insufficient to establish an agreement.

Only after the visitor having endorsed its intention to buy by acceptance of the general conditions, PREZIOSA - BZ can formulate an offer with a guaranteed and fixed price.

PREZIOSA - BZ has the explicit right to change any information (of any kind) on the site at any given point in time.

In some cases, the client will have to use a password to access certain parts of the website(s) of PREZIOSA - BZ The access to these parts without using the password is strictly forbidden. The client must keep the received password secret.

 

The client commits himself to inform PREZIOSA - BZ immediately in case their password has been disclosed to thirds or in case he received the password through person/company other than PREZIOSA - BZ. Any use of the services of PREZIOSA - BZ, if required after the valuable identification of the password, will be considered as been executed by the client.

In case PREZIOSA - BZ has reasons to believe that the security of her website is in danger, she will be entitled to alter the clients' password.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For any questions, claims and observations concerning the services, the orders, the management, the privacy issues or the general conditions of PREZIOSA - BZ, please contact:

  Email: info@preziosaswiss.ch