Terms and conditions

§ 1 Scope and Terms of Use
1. These General Terms and Conditions (GTC) regulate the contractual relationship between the sole proprietorship Caronne Schmuck Gehrig, with its registered office in Zurich (entered in the Commercial Register of the Canton of Zurich under company number CHE-180.749.654, hereinafter referred to as "Seller "or "Melons & Melons") and its Customers (hereinafter referred to as "Customer" or "Buyer") for the products offered on the website www.melonsandmelons.com (hereinafter referred to as "Onlineshop").
2. Only the goods sold via the Onlineshop are covered by the above GTC.
3. These GTC exclusively regulate the contractual relationship between the Seller and its Customers in the aforementioned sense. Contractual conditions of the Customer that contradict or deviate from these GTC will not be recognized, unless the Seller has expressly agreed to them in writing in each individual case.
4. These terms and conditions shall apply exclusively to private consumers. A consumer is any natural person who places an order for purposes that are not related to his commercial or independent professional activity, but to her private needs and do not exceed normal consumption.
5. The Seller may amend or change the GTC at any time at its own discretion. The respective (approved) version at the time of sending an offer by the Customer shall apply.
6. In order to use our offers, the Customer undertakes to provide truthful and complete information during the ordering process. Should this not be adhered to on the part of a Customer, the Seller expressly reserves the right to reject orders from a Customer. Furthermore, the Seller assumes no liability for incorrect information provided by the Customer via the Onlineshop.
7. The Seller delivers in principle only in Switzerland, Liechtenstein and the EU. The offer is therefore in principle only directed to persons/companies with residence/registered office in this area: For Customers outside this area, a possible conclusion of a contract or a delivery will only take place after prior consent on the part of the Seller at the request of the Customer. In this regard, the Customer must use the contact form on the website of the Seller or contact the Seller via info@melonsandmelons.com.
8. For the rest, reference is made to the separate legal notice and the separate data protection provisions for the Onlineshop.

§ 2 Subject of the contract
1. Melons & Melons is committed to deliver all pieces of jewellery to our customers in perfect condition. It is a strong concern to provide a first class service to all our customers.
2. The subject matter of the contract are the pieces of jewellery/articles offered and to be purchased by the Seller via the Onlineshop. The jewellery items are exclusively new goods.
3. The product images shown on the website, in particular the colors shown, may differ from the original product for technical reasons.
4. The photos contained on the website are for illustrative purposes only and are non-binding, they do not constitute a binding offer and no guaranteed purchase characteristics can be derived from them.

§ 3 Conclusion of the contract
1. When ordering in the Onlineshop, Customers can take a closer look at the products by clicking on the product image on the product overview and place them in the shopping cart using the "buy" link. The contents of the shopping cart can be viewed at any time by clicking on the "shopping cart" link at the top right of the corner of the Onlineshop (see corresponding image icon). The selected products that can be viewed in the shopping cart can be ordered for a fee by clicking on the "Checkout" button: This is how the customer gets to the checkout. At the checkout, after entering the personal information requested in the input mask (personal data) as well as the shipping method (i.e. specifying the delivery address), the Customer can directly pay for his previously selected products or send the order to the Seller by clicking the button "order for a fee". With the order, the Customer makes a binding offer to conclude a purchase contract.
2. After ordering the desired products, the Customer receives an order confirmation with the relevant information to his specified e-mail address. This automatically generated order confirmation e-mail does not yet constitute an acceptance of the offer, but merely documents that the Seller has received the order. Consequently, the Seller is free to decide even after this point in time whether to accept the order or not. Exceptionally (e.g. in case of production problems), the Seller may also withdraw from the sales transaction at this stage, in which case it shall inform the Buyer immediately via the e-mail address provided and then promptly trigger the repayment of the purchase price,
see the following no.
3. The acceptance of the offer or the conclusion of the purchase contract is finally made by electronic delivery of a order / shipping confirmation by the Seller to the specified e-mail address of the Customer.
4. There is an obligation of the Customer to perform in advance: The ordered product will be shipped in any case only after payment has been made (payment by credit card, TWINT or instant transfer, see articles below).
5. The Seller is entitled to withdraw from the contract even after conclusion of the contract and after payment of the purchase price, insofar as the Seller cannot deliver the ordered goods for various reasons. In this case, the Seller will inform the Customer immediately about the unavailability of the desired products and refund the amounts already paid within 3 days. In this case, the Seller reserves the right to offer goods of the same price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.

§ 4 Storage if the contract text / registration
1. The Seller stores the order sent by the Customer in the aforementioned manner and the order data entered as part of the ordering process: This is the personal information such as name, residential address or business address and / or delivery address.
2. Existing Customers are given the opportunity to register as Customers by providing the aforementioned information. This will give you access to the login area.

§ 5 Prices and taxes
1. The prices indicated include any value added tax: The shipping costs are shown separately during the order process.
2. Price changes and price errors remain reserved.
3. Discount codes can be passed on to third parties, but are not cumulative under any circumstances.

§ 6 Payment and shipping terms
1. The purchased goods must be paid in advance by credit card (VISA, MasterCard, TWINT) or via instant transfer by the Customer as part of the ordering process. In case of payment via TWINT, the Customer will be redirected directly from the order process to the corresponding payment pages and the payment will be made immediately.
2. The dispatch thus takes place in any case only after receipt of payment of the purchase price plus shipping costs and any additional charges such as taxes at the seller.
3. In principle, shipping only takes place within the EU, Liechtenstein and Switzerland. Therefore, only orders from Buyers with residence/domicile from these countries will be accepted in principle. Buyers outside these countries can currently express their purchase wish via the contact form or via the e-mail address info@melonsandmelons.com and contact the Seller in this way. In this case, the Seller will - without corresponding assurances - clarify in each individual case and agree with the Customer whether and under what modalities a purchase transaction and the shipment of goods outside the usual delivery area is possible.
4. Delivery shipping is carried out exclusively with the Swiss Post as the sending company. For shipping within Switzerland, shipping is free of charge for orders with a value of goods of CHF 69.00 or more; for shipping to the EU, this applies for orders with a value of CHF 120.00 or more. For special shipping instructions, please contact the Seller at contact address.
5. The risk of the sold item is transferred to the Customer when the goods are handed over to the shipping company.

§ 7 Shipping time
1. The expected shipping time is stated in the separate shipping confirmation of the seller, without guarantee on the part of the seller. Within Switzerland, shipments are sent by A-Post. In principle, the order of Melons & Melons will be shipped by the Swiss Post within one to a maximum of three working days (Monday - Friday) with the exception of official holidays.
2. If the ordered goods are not or no longer available after receipt of the order by the Customer or after receipt of the order confirmation, the Customer will be informed immediately. Partial deliveries are the exception, but allowed.

§ 8 Warranty and liability
1. Unless otherwise agreed in writing between the parties, the statutory provisions of Swiss sales contract law in accordance with Art. 197 et seq. OR apply to defects in the purchased goods.
2. The warranty period for the assertion of defects in the purchased goods is a maximum of 1 year from the date of receipt (date of payment) for both private individuals and entrepreneurs or companies. This period also applies to hidden defects.
3.Defects in the purchased product that occurs during the aforementioned warranty period (guarantee period) must be reported to the Seller in writing immediately after their discovery, at the latest within 2 working days (timely notification of defects): In doing so, the Customer undertakes to provide the Seller with a written explanation of the defect in question as well as a photo of the defective condition via the e-mail address info@melonsandmelons.com. The Customer must also provide the Seller with a written statement of the reasons for the defect. At the same time the Customer has to declare in writing whether he/she wants to claim the rescission of the purchase (rescission = return of the purchase item against repayment of the purchase price).
4. After inspection of the allegedly defective product (based on the notification of defect pursuant to § 8 item 3 above) and after confirmation of the defect by the Seller, the Customer has the right to rescind the contract: this shall be accompanied by the Customer first returning the product to the Seller at its own expense and in return receiving the purchase price and, in the event of subsequent confirmation in the event of an actual product defect, the delivery costs for the return shipment. If there is no actual product defect, the costs for the return shipment remain with the Customer. The Customer bears the risk for the return shipment of returned goods until the goods are at the seller. The goods must be returned with the original packaging.
5. Any warranty is void or not covered at all under a warranty case if the following complaints are made on the part of the Customer:
– Damage and functional defects to the products caused by accidents, improper or abusive use (cuts, cracks, contamination, unnatural odors, discoloration, etc.), bending of the structure, storage in chemical substances not intended for this purpose and / or modifications, repairs or interventions by persons who do not have the necessary and demonstrable professional qualifications for this purpose. Improper handling includes, in particular, broken chains and bracelets, broken stones and jewellery, as well as damage caused by chlorine or salt water, perfume or sunscreen, for which the warranty is excluded.
- Consequences of normal wear or aging of the goods.
- Since the jewellery items for sale are already used jewellery, the signs of use described in the purchase of the goods are not warranty cases.
6. Infomation for the correct handling of the products can be found in the FAQ
7. Any liability for third party or consequential damages as well as for a loss of the purchased product is excluded. The Seller is not liable for damages caused by negligence.
8. The Seller is not responsible for the error-free and / or constantly available data communication via the Internet, including the error-free and uninterrupted availability of the Onlineshop. It is not liable for technical and/or electronic errors occurring during an order process.

§ 9 Right of return / right of withdrawal
1. There is no right of withdrawal.

§ 10 Retention of title
1. Any goods delivered prior to full payment remain the property of the Seller until full payment has been made.

§ 11 Data protection
1. In this regard, reference is made to the separate data protection declaration in the Onlineshop.

§ 12 Copyrights
1. Either the Seller or the copyright holder has the right to all images of the products for sale displayed on the aforementioned Internet platform. Use of these works by third parties may only take place with the written consent of the seller.

§ 13 Final provisions
1. All transactions in connection with these Terms and Conditions shall be governed exclusively by Swiss law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. The place of jurisdiction for disputes arising from the present contractual relationship - subject to deviating mandatory places of jurisdiction - shall be the courts in Switzerland having jurisdiction at the place of business of the Seller.

Should one or more clauses of these terms and conditions be invalid in whole or in part, this shall not affect the validity of the remaining provisions of the contract and these parts of the contract shall remain valid. In this case, the individual invalid or void provision shall be replaced by a new, legally permissible provision that comes as close as possible in its economic effect to the invalid or void provision. If an invalid contractual provision is not subsequently corrected, it shall be replaced mutatis mutandis by a relevant statutory provision.

Privacy policy

The person responsible within the meaning of privacy policy laws, in particular the EU General Data Protection Regulation (GDPR), is:
Caronne Schmuck Gehrig

You can make use of the following rights at any time using the contact details of our data protection officer:
Information about your data stored by us and their processing (Art. 15 GDPR),
Correction of incorrect personal data (Art. 16 GDPR),
Deletion of your data stored by us (Art. 17 GDPR),
Restriction of data processing if we are not yet allowed to delete your data due to legal obligations (Art. 18 GDPR),
Objection to the processing of your data by us (Art. 21 GDPR) and
Data portability, provided you have consented to the data processing or have concluded a contract with us (Art. 20 GDPR).

If you have given us your consent, you can revoke it at any time with effect for the future.
You can contact a supervisory authority with a complaint at any time, e.g. B. to the responsible supervisory authority of the federal state of your place of residence or the authority responsible for us as the responsible body.
A list of the supervisory authorities (for the non-public area) with addresses can be found at: https://www.bfdi.bund.

Type and purpose of processing:
When you access our website, i.e. if you do not register or otherwise provide information, information of a general nature is automatically recorded. This information (server log files) includes, for example, the type of web browser, the operating system used, the domain name of your Internet service provider, your IP address and the like.

In particular, they are processed for the following purposes:
Ensuring a problem-free connection to the website,
Ensuring an easy use of our website,
Evaluation of system security and stability as well as
to optimize our website.
We do not use your data to conclude you personally. Information of this kind may be statistically evaluated anonymously by us in order to optimize our website and the technology behind it.

Legal basis and legitimate interest:
The process takes place in accordance with Art. 6 Para. 1 lit.f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website.

The recipients of the data may be technical service providers who act as processors for the operation and maintenance of our website.

Third country transfer:
The data collected may be transferred to the following third countries:
The data will only be used for sending and for the newsletter.
The following data protection guarantees are in place:

Storage period:
The data will be deleted as soon as they are no longer required for the purpose of the survey. For the data used to provide the website, this is generally the case when the respective session has ended.

Provision mandatory or required:
The provision of the aforementioned personal data is neither legally nor contractually required. Without the IP address, however, the service and functionality of our website cannot be guaranteed. In addition, individual services may not be available or restricted. For this reason, no contradiction is possible.

Third country transfer:
The data collected may be transferred to the following third countries:
We use a shopping cart, but without a cookie.
The following data protection guarantees are in place:
Standard contractual clauses

Type and purpose of processing:
To register on our website, we need some personal data that is transmitted to us via an input mask.
At the time of registration, the following data is also collected:
Name, address, e-mail address
Your registration is necessary for the provision of certain content and services on our website.

Legal basis:
The processing of the data entered during registration is based on the consent of the user (Art. 6 Para. 1 lit. a GDPR).

The recipients of the data may be technical service providers who act as processors for the operation and maintenance of our website.

Third country transfer:
The data collected may be transferred to the following third countries:
Customers from all over the world can register with us.
The following data protection guarantees are in place:
Standard contractual clauses

Storage period:
In this context, data will only be processed as long as the relevant consent is available.
Provision required or required:
The provision of your personal data is voluntary, based solely on your consent. Without the provision of your personal data, we cannot grant you access to the content we offer.

Type and purpose of processing:
For our newsletter, we collect personal data that is transmitted to us via an input mask.
For registration we need a valid e-mail address. In order to check that the registration is actually made by the owner of an e-mail address, we use the "double opt-in" procedure. For this purpose, we log the registration for the newsletter, the sending of a confirmation email and the receipt of the response requested. Further data is not collected.

Legal basis:
On the basis of your expressly given consent (Art. 6 Para. 1 lit. a GDPR), we will regularly send you our newsletter or comparable information by e-mail to the e-mail address you provided.
You can revoke your consent to the storage of your personal data and its use for sending the newsletter at any time with effect for the future. There is a corresponding link in every newsletter. You can also unsubscribe directly on this website at any time or inform us of your revocation using the contact option given at the end of this data protection notice.

The recipients of the data may be processors.

Third country transfer:
The data collected may be transferred to the following third countries:
The following data protection guarantees are in place:
Standard contractual clauses

Storage period:
In this context, the data will only be processed as long as the relevant consent is available. They then will be deleted.
Provision required or required:
The provision of your personal data is voluntary, based solely on your consent. Unfortunately, we cannot send you our newsletter without your consent.

Revocation of consent:
You can revoke your consent to the storage of your personal data and its use for sending the newsletter at any time with effect for the future. The cancellation can be requested via the link contained in every e-mail or from the data protection officer listed below or the person responsible for data protection.

Type and purpose of processing:
The data you enter will be stored for the purpose of individual communication with you. To do this, it is necessary to provide a valid email address and your name. This is used to assign the request and then answer it. The specification of further data is optional.

Legal basis:
The data entered in the contact form are processed on the basis of a legitimate interest (Art. 6 Para. 1 lit. f GDPR).
By providing the contact form, we would like to make it easy for you to contact us. The information you provide will be stored for the purpose of processing the request and for possible follow-up questions.
If you contact us to inquire about an offer, the data entered in the contact form will be processed to carry out pre-contractual measures (Art. 6 Para. 1 lit. b GDPR).

The recipients of the data may be contract processors.

Third country transfer:
The data collected may be transferred to the following third countries:

The following data protection guarantees are in place:
Standard contractual clauses

Storage period:
Data will be deleted no later than 6 months after the request has been processed.
If there is a contractual relationship, we are subject to the statutory retention periods according to HGB and delete your data after these periods have expired.
Provision mandatory or required:
The provision of your personal data is voluntary. However, we can only process your request if you provide us with your name, email address and the reason for the request.

We use Google Maps on this website. Google Maps is operated by Google LLC, 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (hereinafter "Google"). This enables us to show you interactive maps directly on the website and enables you to conveniently use the map function.
You can find more information about data processing by Google in the Google data protection information: https://policies.google.com/privacy. There you can also change your personal data protection settings in the data protection center.

Detailed instructions on how to manage your own data in connection with Google products can be found here: https://www.dataliberation.org

When you visit the website, Google receives information that you have accessed the corresponding subpage of our website. This takes place regardless of whether Google provides a user account that you are logged in to or whether there is no user account. If you are logged in to Google, your data will be assigned directly to your account.

If you do not want the assignment in your Google profile, you must log out of Google before activating the button. Google stores your data as a user profile and uses it for advertising, market research and / or needs-based design of its websites. Such an evaluation takes place in particular (even for users who are not logged in) to provide needs-based advertising and to inform other users of the social network about your activities on our website. You have the right to object to the creation of these user profiles, although you must contact Google to exercise this right.

Revocation of consent:
The provider currently does not offer the option of simply opting out or blocking data transmission. If you want to prevent your activities on our website from being tracked, please revoke your consent for the corresponding cookie category or all technically unnecessary cookies and data transfers in the cookie consent tool. In this case, however, you may not be able to use our website or only to a limited extent.

Right to object on a case-by-case basis
You have the right, for reasons that arise from your particular situation, to object at any time to the processing of personal data relating to you, which is based on Art. 6 (1) (f) GDPR (data processing based on a weighing of interests); this also applies to profiling based on this provision within the meaning of Art. 4 No. 4 GDPR.

If you object, we will no longer process your personal data unless we can prove compelling legitimate reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

Recipient of an objection
Caronne Schmuck Gehrig

We reserve the right to adapt this data protection declaration so that it always complies with current legal requirements or to implement changes to our services in the data protection declaration, e.g. when introducing new services. The new data protection declaration will then apply to your next visit.

If you have any questions about data protection, please send us an e-mail or contact the person responsible for data protection in our organization directly:
The data protection declaration was created with the help of activeMind AG, the experts for external data protection officers (Version # 2020-09-30).