Terms for Services

These Terms and Conditions for Services (herein referred to as “Terms”) are published by CADEAUX GINKGO AG, Metallstrasse 9 B, 6300 Zug, Switzerland (herein referred to as “CADEAUX”), and its associated companies, employees and sales personnel dealing with products of CADEAUX, in particular but not limited to products under the brand name Cadeaux Jewelry.

These Terms apply to servicing (referred to as “service(s)/servicing”) of jewelry, watches or other products (referred to as “product/products”) owned by individuals or companies (referred to as “customer/customers”) and handed to CADEAUX for service, irrespective of whether such products were acquired by the customer from CADEAUX or not.

By using CADEAUX’S services the customer agrees to the Terms herein. Any deviation from these Terms must be agreed on in writing.

CADEAUX reserves the right to modify these Terms, and any such changes take effect when they are posted on this website. It is the customer’s obligation to read these Terms when the customer uses CADEAUX’S services.

Services

CADEAUX may carry out services as cleaning, polishing, sizing, repairing, or any other services agreed on. CADEAUX shall only carry out and invoice services that have been based on cost and time estimates and accepted by the customer. CADEAUX enters an obligation to service only when CADEAUX confirms acceptance of a required service in writing with a Service Order (referred to as “Service Order”).

Obligations and Cancellation

By placing a Service Order with CADEAUX, the customer enters an obligation to pay for and accept the service being provided, and CADEAUX enters an obligation to carry out the service to the satisfaction of the customer.

Until a Service Order is confirmed, the customer has the right of cancellation at no cost. CADEAUX has the right not to service a product if the price cannot be agreed on with the customer, or for any other reason. CADEAUX has the right to cancel a Service Order after acceptance if for any reason the service cannot be carried out, and in such case the customer is entitled to a full refund of any prepaid service and to the return of the unserviced product.

Pricing

CADEAUX may publish prices for services. Published prices are not binding on CADEAUX until confirmed in a written Service Order. Prior to confirmation CADEAUX reserves the right to change prices at any time, however, CADEAUX shall not change a price after a Service Order has been confirmed, unless a price change is subsequently agreed on mutually with the customer. Any price offer will be subject to customer’s acceptance and the offer will have a validity of 15 days.

Receiving and Delivering

A product is deemed received by CADEAUX when received at an authorized point-of-sale or office of CADEAUX, and when CADEAUX has issued a Repair Receipt. A product is deemed returned to the customer when returned at an authorized point-of-sale or office of CADEAUX, and when CADEAUX has received the original Repair Receipt in return from the customer. A customer’s failure to return a Repair Receipt does not mean a product has not been returned to the customer.

On a Repair Receipt CADEAUX records the visual condition of a product, including scratches, dents and damages, plus defects reported by the customer. An initial damage record is not conclusive and CADEAUX may subsequently discover further hidden damages which may not have been visible on initial inspection and may only have been discovered during the process of servicing, and CADEAUX may subsequently inform a customer of such hidden damages accordingly.

Conversely, CADEAUX will accept liability for any service performed beyond the return date of the product to the customer for a period to be specified by CADEAUX and depending on the nature of the service carried out.

A CADEAUX Repair Receipt is provided only to acknowledge receipt of a product and its reported condition and does not entail CADEAUX’S obligation to service a product.

On return of a product to the customer, the customer must check the product on receipt. If the customer thinks there are any defects to the product other than those recorded on the Repair Receipt, or that the product does not correspond to the one originally delivered to CADEAUX, the customer must make an immediate claim in writing. CADEAUX will not accept responsibility for customer claims reported subsequent to delivery. Conversely,

If the customer for any reason refuses to accept the delivery the goods will be stored by CADEAUX at the customer’s expense pending acceptance.

Liability and Insurance

With a Repair Receipt CADEAUX assumes responsibility for the safe-keeping of the product until it is examined, a quotation is made and it is returned to the customer, whether repaired or not. Excluded from CADEAUX’S liability are any losses of products in transit or in safe-keeping if these are caused by force majeure and/or acts of war or riots.

CADEAUX receives and returns products at authorized point-of-sales. Delivery to other locations, as a home, office or hotel, must be agreed on by CADEAUX and noted in the Repair Receipt, and may be subject to extra charges for delivery, shipping and packaging. CADEAUX is not responsible for products, or damages to products, that are delivered to locations not agreed on by CADEAUX.

In case of damage or loss to a customer’s product, CADEAUX’S liability is limited to the price the customer paid for the product based on an official receipt presented by the customer to CADEAUX, or to replacing the product by an equivalent one. CADEAUX’S liability is limited to an equivalent of US$ 10,000 (US Dollars ten thousand) per product, unless prior to CADEAUX’S acceptance of the product the customer provides evidence that the customer has paid a higher price and CADEAUX accepts such stated price by writing it on the Repair Receipt. In all cases CADEAUX’S liability will not exceed US$ 30,000 (US Dollars thirty thousand) per product, unless the customer asks for and agrees to pay for insurance exceeding this amount and a written agreement between the customer and CADEAUX is made. Insurance charges will be for the customer’s account.

CADEAUX is not liable for any amount higher then the aforementioned, in particular not for perceived, emotional, collector’s, vintage or other values, nor for any economic losses, loss of goodwill, or other losses the customer may claim to have suffered as a result of any loss of or damage to a product by CADEAUX.

If the customer asks CADEAUX to pick-up or deliver a product at a location or by means other than stated in these Terms, CADEAUX may agree to do so, provided the customer agrees not to hold CADEAUX liable for loss or damages and for any additional charges, including taxes and duties in any circumstances.

CADEAUX is not liable for any delay or failure to deliver products or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused, whether directly or indirectly, by circumstances beyond CADEAUX’S reasonable control and in particular if the delay or hindrance is caused by force majeure and/or acts of war or riots.

Terms of Payment

Delivery takes place only upon or after receipt of the customer’s payment. The customer can chose to pay by credit card or by any other agreed method of payment. Payment is deemed made when the amount has been credited to CADEAUX’S account.

International Limited Warranties

Some products sold by CADEAUX are covered under a third-party International Limited Warranty by a product’s manufacturer. The scope of any such third-party International Limited Warranty is subject to a third-party manufacturer’s published International Limited Warranty conditions. CADEAUX may accept to provide or facilitate services for a product that is covered by a third-party International Limited Warranty, whether it was purchased from CADEAUX or not, however, CADEAUX’S agreement to do so is dependent on written agreements between CADEAUX and an issuer of any third-party International Limited Warranty as they may be in force at the time of serive. A third-party International Limited Warranty remains the obligation of its issuer, and in no circumstances constitutes an obligation or liability of CADEAUX.

Third-party manufacturers may change their International Limited Warranty conditions from time to time and CADEAUX is not obliged to communicate such changes. It is the customer’s obligation to check such policies from the third-party manufacturer’s websites or other documentations.

Conclusion

The laws of Switzerland govern these Terms and conditions and any dispute will be resolved exclusively in the courts of Zug, Switzerland.

CADEAUX reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract to any third party.

If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.

These Terms supersede all prior representations understandings and agreements between the customer and CADEAUX relating to services and Service Orders.

Zug, Switzerland, 25th April 2015

CADEAUX GINKGO AG, Metallstrasse 9 B, 6300 Zug, Switzerland
© Copyright 2015. Cadeaux Ginkgo AG. All rights reserved.