Terms and conditions

Contract between customer and Olivia Schmutz Contractual partner

 1. When ordering in our online shop, the contract is concluded between the customer and Olivia Schmutz, Mühlenenstrasse37, 3812 Wilderswil.

1.1 The terms and conditions are enforceable against the customer, who declares that they have read and accepted them by checking the box labeled "terms and conditions" before carrying out the online ordering process.

1.2 Acceptance of offer / conclusion of contract
By sending the order confirmation by email, we accept the offer (your order) to conclude a contract. 

  1. Retention of title

The delivered goods remain our property until they have been fully paid for. Prior to the transfer of ownership, processing or redesign is not permitted without our consent.

  1. Availability, prices and shipping

All Information on the availability, shipping and delivery dates of a product are guidelines and are non-binding. All prices on www.vibesbyolivia.ch are displayed in CHF. We reserve the right to change the prices of all products at any time. Special deliveries (express, registered) must be stated explicitly when ordering and are at your expense.

Shipping within Switzerland

From a goods value over CHF 200 and or custom-made items, deliveries we reserve the right to request a pre-payment. In addition, we reserve the right to request a pre-payment if there are any outstanding payments or if there have been payment defaults or delays  in the past.

  1. delivery terms

4.1 Part deliveries
If not all of the products ordered are in stock, we are entitled to make part deliveries at our expense, provided this is reasonable for you.

4.2 No delivery possible
If the delivery of the goods fails despite two delivery attempts, we can withdraw from the contract. Any payments made will be reimbursed to you immediately.

4.3 Stock issue
If the ordered product is not available because we are not supplied with this product by our supplier through no fault of our own, we can withdraw from the contract. In this case we will inform you immediately and, if necessary, suggest the delivery of a comparable product. If no comparable product is available or if you do not wish a comparable product to be delivered, we will reimburse you for any consideration that has already been paid.

  1. Liability

We do not accept any liability for transport and delivery to the customer or for damage caused by improper use or careless handling. Externally visible damage to the delivered packages / products must be photographed immediately upon delivery and reported to us. Any repair costs in connection with improper use will be estimated after an individual assessment and billed to the customer.

If an allergic reaction should occur, we ask you to capture it in pictures and to report it to us within a reasonable period of time, at the latest 14 days after delivery of the goods. In this case, you may be entitled to a replacement or refund. We reserve the right to assess this on a case-by-case basis.

  1. Guarantee

We draw your attention to the fact that the products are made by hand. There may be deviations between the products shown on the website and the appearance of the goods delivered. Especially the material surface properties, color intensity and the texture of the products. Such deviations do not justify claims for defects, provided that they do not affect the quality of the products supplied.

If there is a defect, we have the choice between free repair, making a deduction from the price, withdrawing from the contract or making a replacement delivery. The defective goods are to be returned to us. The sender bears the costs for returns.

The full warranty period is 1 year. A right for a repair is 2 years.The guarantee does not extend to normal wear and tear, jewellery that has been damaged by improper handling, deliberate modification or unusual use.

  1. refund policy

Items that have been ordered can be returned in their original packaging within 7 working days after delivery. We only take back undamaged and unworn items. Please understand that there is no right to a return for custom-made items and sale items. In the event of a refund, this can take the form of an exchange for another product, a voucher for the same amount or a refund of the entire order value to a customer account minus CHF 10 processing fees. If we discover a deterioration in the goods, we are entitled to retain or invoice part of the purchase price, which we determine at our discretion. The return and re-delivery of the exchange goods or the voucher is at the customer's expense. Postal shipping confirmation receipt must be kept until Olivia Schmutz has received the goods and the arrival of the return has been confirmed. Otherwise, no costs can be waived in the event of loss.

  1. Electronic dispatch (invoices, reminders)

With the payment method "pay by invoice", a bill is sent by e-mail  Changed invoices, e.g. due to returns, will be sent electronically to the email address given at the time of the order.

All payment reminders are sent electronically whenever possible. 

If Credit Card payment is chosen, the transaction is done through STRIPE.

      1. Payment reminder fees

      In the case of an non paid bill. A reminder will be sent electronically . The second will charge an extra 20.- CHF and the third another extra 20.- CHF.

      1. data protection

      We comply with the general provisions of data protection and data security. We treat all customer data as strictly confidential and uses the data exclusively for order processing and its own marketing purposes. 

      1. Customer reviews

      If the customer writes a customer review, We are entitled to display this text in all channels, stores, online shops and social media appearances. Olivia Schmutz reserves the right not to show a review or only for a limited period of time and, if this is necessary for legal reasons (e.g. in the event of a violation of personal rights), to show it in abbreviated form. Customer reviews only reflect the opinion of the customer and do not necessarily agree with the opinion of Olivia Schmutz

      1. Compensation

      Claims for damages due to errors in images, prices and texts, late or non-deliveries or due to skin irritations and allergic reactions after wearing the jewellery are strictly excluded. Liability for damage caused by products sold by us to us or our partners is completely excluded within the framework of the legal restrictions.

      1. Final provisions

      13.1 Applicable law
      These general terms and conditions and the use of the online shop are subject to Swiss law. 

      13.2 Contract language
      The contract language is English

      13.3 Severability clause
      Should parts of these terms and conditions prove to be unenforceable or invalid for any reason, this shall not affect the validity of the remaining provisions.

      13.4 Changes to the general
      terms and conditions These general terms and conditions can be adapted at any time and are then immediately effective.

      The products, the image, concept, packaging, product names, texts, illustrations and photo compilations are the exclusive property of Olivia Schmutz. 

      14. APPLICABLE LAW AND COMPETENT JURISDICTION

      The terms and conditions are subject to Swiss law