These General Terms and Conditions apply to and form part of any contract for the supply of services and goods by Salomon Gems, trading as Salomon Schwarz Jewels (Registration Number: CH-020.1.094.391-5), to the Client.
Business Address:
Salomon Schwarz Jewels (SSJ)
Schiltwiesenweg 1
8404 Winterthur, Switzerland
Note: Salomon Schwarz Jewels uses a third-party supply chain to source its goods and does not hold stock. From time to time, Salomon Gems will arrange for items to be shipped directly to its customers worldwide through this supply chain.
1. Definitions
1.1. Salomon Gems: Salomon Gems trading as Salomon Schwarz Jewels (Registration Number: CH-020.1.094.391-5).
1.2. Agreement: These Terms and Conditions.
1.3. Business Day: Monday to Friday, excluding public holidays in Switzerland.
1.4. Client: A person, either an incorporated or unincorporated business or an individual, who acquires or invests in Services or Goods from Salomon Gems.
1.5. Consumer: A person who acquires Services from Salomon Gems as defined under Swiss law.
1.6. Disputant: Party to the Dispute.
1.7. Dispute: A dispute arising out of any agreement between Salomon Gems and the Client.
1.8. Dispute Notice: Notification in writing, giving details of a Dispute.
1.9. Goods: The material goods (e.g., rare colored gems) delivered by the Service Provider to the Client.
1.10. Party: A person, including a firm, corporation, or body corporate; this includes the Client and Salomon Gems.
1.11. Price: The cost of the Services or Goods as agreed between Salomon Gems and the Client.
1.12. Services: The services Salomon Gems will perform for the Client.
1.13. Service Provider: Salomon Gems, its successors, assigns, or any entity acting on behalf of and/or with the authority of Salomon Gems with its registered address as stated above.
1.14. VAT: Value-added tax as defined under Swiss tax law.
2. Interpretations
This Agreement will be interpreted based on the rules and references outlined here, including but not limited to:
2.1. Reference to a Party includes its executors, administrators, successors, and permitted assigns.
2.2. Reference to US DOLLARS (USD) & Swiss Francs (CHF) as the applicable currency.
2.3. Writing includes all forms of written communication, including email.
3. Governing Conditions
3.1. This Agreement shall apply to the supply of Services and/or Goods by the Service Provider.
3.2. Any changes to this Agreement must be in writing and signed by authorized representatives of both Parties.
4. Employees’ Authority
4.1. Only written authorizations by Salomon Gems’ authorized representatives are binding.
5. Quotations, Orders and Contracts
5.1. All quotations are subject to this Agreement and any agreed special terms in writing.
5.2. Quotations may be amended or withdrawn by Salomon Gems prior to an order being accepted.
6. Acceptance
6.1. Salomon Gems reserves the right to accept or decline any order.
6.2. The Client’s order implies acceptance of these terms and conditions.
7. Price and Payment
7.1. Prices shall be as quoted by Salomon Gems and accepted by the Client in the order.
7.2. Payment is required before delivery, within the timeframe specified on the invoice.
7.3. Payments may be made via various agreed methods, with credit card payments we do not store customer credit card data.
8. VAT, Duties and Taxes
8.1. Prices are exclusive of VAT, which will be added according to applicable Swiss VAT regulations for deliveries within Switzerland.
8.2. For deliveries outside Switzerland, terms will be arranged under the Incoterm “DAP,” with duties, taxes, and VAT unpaid.
9. Delivery and Risk
9.1. Salomon Gems will arrange delivery using insured goods third-party suppliers as needed.
9.2. Risk transfers to the Client upon delivery by the third-party supplier, and the Client is responsible for insurance if required.
10. Retention of Title
10.1. Legal title to the Goods remains with Salomon Gems until payment is received in full of the Client.
11. Warranties, Liabilities and Indemnities
11.1. Salomon Gems shall not be liable for any losses or damages, except to the extent required by Swiss law.
11.2. Liability is limited to the Price of the Goods or Services provided under this Agreement.
12. Shipping, Returns and Refund Policy
12.1. Free Shipping:
Delivery is free of charge on items valued up to $30,000, worldwide. Items will be sent fully insured through our international recognised service delivery partners.
12.2. Specialist Shipping for High-Value Items:
For items valued over $30,000, shipment will be arranged via a specialist service such as Malca-Amit or Brinks. The cost of this service will be charged based on the shipper’s delivery destination zone rate.
12.3. Insurance:
All shipments are insured to ensure secure delivery. However, all customers are responsible for paying any taxes or duties charged at the destination country’s port of entry. The internationally recognized shipping partners will handle the collection of any import duties or taxes as required for customs clearance.
12.4. Withdrawal Period:
You have a withdrawal period of 14 days from the receipt of your order at the delivery address indicated on your order form. In this case, you must first contact us by email, and we will provide you with the process to follow. Returns will only be accepted if the return process outlined below is strictly followed.
12.5. Return Process:
To return an item, please follow these steps:
Return Code: Obtain an order return code.
Preparation of the Package: The choice of packaging and the preparation of the return package must be done in collaboration and with approval of Salomon Gems. Prepare and place the product(s) inside the package, which must be in their original packaging (if the diamond was sealed in a box, the seals must be intact), accompanied by their gemmological certificate, and any attached case or presentation box. The items must be in perfect condition.
Choice of Shipping Carrier: Instructions will be provided regarding the company responsible for transporting and delivering the package. This transport will only be through our approved transport company. You will be responsible for the return shipping and insurance costs; the goods must correspond to the original invoice amount excluding tax (VAT) indicated on your invoice. Returns with shipping or postage due, without the original invoice, or sent via an unauthorized carrier will not be accepted.
12.6. Conditions for Refund or Exchange:
Items that are incomplete, damaged, worn daily, or soiled will not be accepted for return, refund, or exchange under any circumstances.
If the gemmological certificate is lost, a fee of 500 € including tax will be charged for the certificate’s replacement, which will be deducted from your refund or invoiced separately.
Items that have been enhanced or personalized or specially inscribed (e.g., laser engraving) are not eligible for refund or exchange.
Custom-made items, specially created based on your criteria, are not refundable.
Items shipped outside the European Union are not eligible for exchange or refund.
12.7. Shipping, Insurance, and Import-Export Costs:
All shipping, insurance, and import-export costs will remain your responsibility. The total of these costs (to be deducted from the refund) will be 15% of the returned products’ amount, with a minimum of 500.00 €.
12.8. Sealed Gemstones Returns:
Any Gemstone sealed by the gemmological laboratory and delivered to you as is cannot be exchanged or refunded if the seal is damaged, opened, or removed.
12.9. Return Limits:
A maximum of 2 consecutive returns per customer and/or per order is authorized.
12.10. Refund Processing:
Refunds will be processed no later than 15 days after the date on which your right of withdrawal was exercised.
12.11. Return Authorization:
To initiate a return, you must send an email to info@salomongems.com within 14 days of receiving your order. Your request will be reviewed, and instructions for returning the goods will be provided if the return is accepted.
13. Force Majeure
Salomon Gems will not be liable for any failure to perform obligations due to circumstances beyond its control, such as natural disasters, strikes, or government actions.
14. Notice
14.1. Notices must be sent to Salomon Gems’ business or trading address as listed above and will be deemed served in accordance with Swiss business day standards.
15. Dispute Resolution
15.1. Any disputes will be resolved under Swiss law.
15.2. Initial attempts to resolve disputes will be through good faith negotiation. If unresolved, disputes may be referred to mediation or arbitration in Switzerland.
16. Waiver and Remedies Cumulative
16.1. Failure to enforce any term does not waive future enforcement of that term or any other term.
17. Counterparts
17.1. This Agreement may be executed in multiple counterparts, each of which will be considered an original.
18. Entire Agreement
18.1. This Agreement supersedes all prior negotiations and agreements between the Parties and constitutes the entire agreement regarding its subject matter.
