GENERAL TERMS AND CONDITIONS OF SALE

MESSIKA SWITZERLAND SA

General Terms and Conditions of Sale in store applicable from January, 1^st 2024

 

Conditions générales de vente boutique Messika Switzerland - French Version : CLIQUEZ ICI

General Terms and Conditions of Sale in store applicable from October 20^th 2022 to December 31^th 2023 : click here

 

1. Scope

These General Terms and Conditions of Sale (hereinafter the "GENERAL TERMS AND CONDITIONS") apply to the exclusion of any other document, to all purchases on your own behalf relating to MESSIKA products (hereinafter the "Products" or "Product") made in one of the stores operated by MESSIKA SWITZERLAND SA (hereinafter the "Store"). Any contrary condition invoked by the Customer shall, in the absence of express acceptance by MESSIKA SWITZERLAND SA, be unenforceable against MESSIKA SWITZERLAND SA. However, special conditions may apply to a specific transaction or offer offered to Store Customers, which shall prevail in this case over these GENERAL TERMS AND CONDITIONS.

These determine the rights and obligations of the parties in the context of the sale of Products (hereinafter "the Sale").

These GENERAL TERMS AND CONDITIONS are not intended to cover purchases of products made on the MESSIKA website.

These GENERAL TERMS AND CONDITIONS do not apply to sales of tailor-made products, which are governed by special terms and conditions that are communicated on this occasion and are available on request.

Sales made in this context are reserved for individual consumers only (the "Customers") and any purchase for resale in a professional context is strictly prohibited.

These GENERAL TERMS AND CONDITIONS may be amended at any time by MESSIKA SWITZERLAND SA.

The applicable GENERAL TERMS AND CONDITIONS are those in force at the time of the sale.

 

2. Identification of the offeror

MESSIKA products are sold by the company: MESSIKA SWITZERLAND SA with share capital of CHF 100,000, having its registered office at c/o Mazars SA, Chemin de Blandonnet 2, 1214 VERNIER, Switzerland, with federal number: CHE-308.249.639 and registered with the Trade Register under number CH-660.0.443.019-7 (hereinafter referred to as "MESSIKA").

 

3. Products and display of prices

The essential characteristics of the Products and their prices must be specially labelled or displayed in the Store.

The price of the Products is shown in euros inclusive of all taxes, including value added tax at the statutory rate in force.

Any purchase of a ring smaller in size than 48 or greater than 60 shall be treated as a customer order as defined in Article 6 "Returns". Customer orders must be the subject of a prior quotation and cannot be returned (see Articles 6.2.2 "Non-returnable products" and 6.4.1 "Conditions for issuing a credit note").

MESSIKA reserves the right to limit the quantities of MESSIKA products purchased by a Customer and/or refuse any abnormal transaction or one placed in bad faith, provided that this constitutes a "legitimate reason" within the meaning of Article L.121-11 of the French Consumer Code.

 

4. Payment terms

Purchases must be paid for in full on the day of purchase, directly in the Store.

The Customer may pay for MESSIKA products in cash, by credit card or by bank transfer.

Payment by cheque is not permitted.

In the event that, for any reason whatsoever (objection, rejection by the card issuer, etc.), the sums owed by the Customer cannot be debited, the purchase process will be cancelled. MESSIKA will not hand over the product to the Customer until the Customer’s payment has been approved.

The Customer warrants that it has the necessary authorisations to use the payment method chosen when paying for the product.

 

4.1. Cash payment

The store accepts cash payments as long as the amount is compatible with the statutory thresholds in force in the country at the time of purchase.

Any payment of an amount exceeding the statutory thresholds in force must be made using cashless payment methods (payment card or bank transfer).

 

4.2. Payment by credit card

We accept Visa, Eurocard/Mastercard, American Express, China Union Pay, Japan Credit Bureau, Diners, Discovery, WeChat Pay, Alipay and Twint.

 

4.3. Bank transfers

We accept payments by bank transfer received in Swiss francs to our bank account domiciled in Switzerland.

MESSIKA's bank must confirm receipt of the transfer before payment can be deemed to have been made.

 

4.4. Payments in instalments financed by HeidiPay

Messika gives private customers the ability to pay in several instalments (hereafter the "Financing"), thanks to our partner HeidiPay, under the conditions defined below:

- The customer must have a Visa, Mastercard or American Express bank card issued by a Swiss bank and valid for more than one year;

- The amount of the Financing must be less than CHF 15,000 (including taxes);

- The customer must be a Swiss resident and have a Swiss identity card, a Swiss passport or a Swiss residence permit type B or C issued more than 12 months ago;

- Only MESSIKA jewellery and accessories can be financed by HeidiPay; delivery and after-sales services are excluded from the Financing 

It is specified that HeidiPay's decision to accept or reject the Financing application is subject to banking secrecy, as Messika does not have access to this information or to HeidiPay's acceptance criteria.

If the Financing is accepted by HeidiPay, its execution is subject to the customer's acceptance of the credit agreement proposed by Alma.

The staggering of the corresponding repayments will be made by the customer exclusively to HeidiPay.

If the financing is rejected by HeidiPay, the customer will be able to pay cash using other payment methods offered by Messika (articles 4.1, 4.2 and 4.3 of the present document).

 

     5. SALES WITH SPECIFICITY

In the case of a Sale with Specificity (sales with tax exemption, export sales and sales with delivery within the Swiss Confederation), this article takes precedence over the conditions of return set out in article 6 of the T&C.

5.1. Tax-exempt sales

- The Product may not be returned once the tax exemption form has been validated by Swiss Customs. The Product will then be definitively exported.

- The customer must view and comply with all obligations in order to obtain their tax-exemption. This information is available at http://globalblue.com/terms

- Neither Messika, nor our tax-exempt operator Global Blue, can be considered responsible for a refusal by Customs to validate the tax-exemption form.

 

5.2. Export sales

- Products purchased in-store or remotely with delivery by Messika outside the Swiss Confederation, allowing the exemption of value added tax (VAT), are considered "Export Sales".

- Products purchased under Export Sales and having left the Swiss Confederation cannot be returned. The Products are definitely exported.

- Deliveries will be made under the incoterm CIP [Carriage Insurance Paid]. The payment of duties and taxes in the country of arrival is the customer's sole responsibility.

- Delivery charges may be applied by Messika below a certain purchase threshold. Any applicable fees will be communicated to the customer prior to purchase.

 

5.3. Sales with delivery within the Swiss Confederation

- Delivery charges may be applied by Messika below a certain purchase threshold. Any applicable fees will be communicated to the customer prior to purchase.

 

6. Returns

6.1. Refunds

MESSIKA will not refund any product purchased in the Store. To return or exchange your product, refer to sections 6.2, 6.3 and 6.4 below relating to exchanges and credit notes.

 

6.2. Returns policy

MESSIKA wishes to offer its Customers the possibility of returning the products purchased under the conditions described below.

 

6.2.1. Return conditions

MESSIKA allows its Customers to return products with which they are not fully satisfied, provided that all of the following conditions are met:

- The exchange must be requested within a maximum of 30 days from the date of the invoice;

- The exchange request must be sent to the Store where the purchase was made and can only be carried out by that Store;

- The returned product must be new and unused (not worn or engraved). If a product is returned, MESSIKA's quality department will inspect and assess the returned item to check that it is in perfect condition:

- The product must be returned with:

            - The original box, which must be perfectly intact,

            - The GIA certificate(s) issued at the time of purchase,

            - The authenticity card.

 

6.2.2. Non-returnable products

Products where one or more of the following situations applies may not be returned by the customer:

- Products returned incomplete, spoilt, damaged, in poor condition, soiled or otherwise reasonably believed to have been used or worn;

- Products for which a return has been requested on more than two successive occasions;

- Products that have been specially ordered, such as the creation of an item at the Customer's request;

- Products that have been ordered by a Customer, such as an unavailable part or size;

- Customised products requested by the Customer, such as engraved or modified items.

 

6.3. Exchange of returned items

Subject to compliance with these return conditions, MESSIKA will exchange the item as soon as possible.

An exchange is defined as: the replacement of the returned product by the same model in a different gold colour and/or size.

In the event of an increase in the sale price between the date of purchase and the date of the exchange, the Customer must pay the difference in price.

It is hereby stated that in the case of a gift, the right to exchange may be exercised by the recipient of the gift.

 

6.4. Issue of credit note for returned items

6.4.1. Conditions for issuing a credit note

If the Customer wishes to return their purchase for another model or if the exchange of the product is not possible due to the unavailability of the size or model required by the Customer, a credit note may be issued only if:

- The product complies with the conditions mentioned in Article 6.2.1 applicable to the return of a product;

- The product is not covered by the situations in Article 6.2.2 on non-returnable products.

 

6.4.2. Conditions for issue and use of the credit note

If the product is declared compliant, MESSIKA will issue a credit note.

The credit note is for a named individual and valid for one (1) year from its date of issue, exclusively within the Store in which your purchase was made.

In the case of a gift, the credit note may not be issued in the name of the recipient but only in the name of the Buyer.

This credit note may not be converted into cash or redeemed, replaced or refunded if it is lost, stolen or illegible, or has expired. MESSIKA may not be held liable in the event of fraudulent use of the credit note by a third party.

 

7. After-sales service

Depending on the technical feasibility, a repair of your product purchased from the Store and/or the network of authorised MESSIKA distributors may be carried out by MESSIKA, at your expense upon presentation of the purchase invoice and the original certificate.

 

8. Statutory guarantees

MESSIKA Products are covered by statutory guarantees. If the Product has a defect or is unfit for its intended use, you have two (2) years from the delivery of said Product to enforce said guarantee and obtain, at your choice, either its repair (if possible), its replacement, or the termination of the sale and therefore a refund under the condition of returning the Product concerned.

A refund would be possible only if the Product is not suitable for its intended use or its use is diminished such that the Customer would not have bought it, due to hidden defects from the time prior to purchase.

 

9. Privacy

The personal data you provide to MESSIKA SWITZERLAND SA. in Store will be collected and processed by MESSIKA Group, located at 64 rue La Fayette 75009 Paris, France as well as by its subsidiary MESSIKA SWITZERLAND SA., in its capacity as controller, in compliance with the provisions of the General Data Protection Regulation, which came into force on 25 May 2018. The data are kept for the entire duration of the commercial relationship and then archived for the purposes of legal proof.

They will be processed for the purposes of managing your orders, deliveries, guarantees applicable to the Products you purchase and for executing payment orders. They will also be used for the purposes of managing and optimising customer relations and statistics. They may be communicated (i) to the internal departments of MESSIKA Group and MESSIKA SWITZERLAND SA and/or (ii) to any service provider and processor working for MESSIKA Group and MESSIKA SWITZERLAND SA, when such disclosure is necessary for the purposes mentioned above.

The data will not, under any circumstances, be transferred outside the European Union. These data will only be the subject of external communications other than those provided for above to meet statutory and regulatory obligations or at the request of an administrative or judicial authority.

MESSIKA Group and MESSIKA SWITZERLAND SA guarantee that optimal security measures are put in place against the loss, deterioration and unauthorised communication of the data provided to it by the Customer.

You may exercise your rights of access, rectification, portability, erasure, objection and restriction of the processing of your personal data, or withdraw your consent, by contacting our Customer Service Department by email at the following address: stores@messikagroup.com. The Customer is also informed that they have the right to lodge a complaint with the competent supervisory authority.

To learn more about our practices regarding the protection of your personal data, please consult our Personal Data Policy, available on our website www.messika.com.

 

10. Complaints – Information

For any information, complaint, implementation of statutory guarantees or questions relating to the conditions of sale of your MESSIKA Products or the MESSIKA Products themselves, you can contact customer service by email at the following address: stores@messikagroup.com.

 

11. Intellectual property

MESSIKA remains the owner of all intellectual property rights over photographs, presentations, studies, designs, models, prototypes, etc. made (even at your request) for the supply of the Products.

The Customer is therefore prohibited from any reproduction or use of said photographs, presentations, studies, drawings, models and prototypes, etc., without the express, written and prior authorisation of MESSIKA, which may make it conditional on a financial consideration.

 

12. Regulatory provisions

All diamonds purchased by MESSIKA come from legitimate sources not involved in the financing of conflicts, in accordance with United Nations resolutions. MESSIKA hereby guarantees that the diamonds do not originate in conflict areas, this guarantee being based on its knowledge and/or on written guarantees from the diamond supplier.

 

13. Force majeure

The performance of MESSIKA's obligations hereunder shall be suspended in the event of the occurrence of an unforeseen event or force majeure which would prevent such performance.

The suspension of obligations may not under any circumstances be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late payment penalties.

The performance of the obligation shall be suspended for the entire duration of the force majeure if it is temporary and does not exceed a period of eight (8) days.

If the impediment is permanent or exceeds a period of eight (8) days, this agreement shall be terminated without further formalities.

 

14. Applicable law – Language – Disputes

Our GENERAL TERMS AND CONDITIONS are governed by and subject to Swiss law.