General Terms & Conditions

1. Scope of application

These General Terms and Conditions (hereinafter referred to as GTC) apply to all legal transactions of Gübelin AG at its headquarters in Lucerne or at one of its stores in Switzerland entered in the Commercial Register (hereinafter referred to as Gübelin) with a customer, unless otherwise agreed in writing. These GTC take priority over any general terms and conditions of purchase and conditions of the customer.

Legal transactions are deemed to be product orders/sales, individual customer orders, production and sales or the use of services by the customer at Gübelin, which are concluded either on site at a Gübelin store, in the webshop, in writing or by e-mail.

Prior to concluding the contract, the GTC will either be submitted or brought to the attention of the customer on site, sent in writing or by e-mail, or accessed and downloaded by the customer from the webshop. By concluding the contract, the customer confirms that he/she has read and accepted the GTC.

In the case of legal transactions that require the customer to be at least 18 years of age (legal age) or to be represented by their legal representatives, the customer confirms their compliance with this provision when concluding the contract.

2. Information on products, prices and costs

Images of products and product information in the webshop, brochures or similar are for illustration purposes only and are not binding. The same applies to information on individual products, as this is for information purposes only. Only the manufacturer’s information (e.g. regarding manufacturer’s warranty) is decisive, insofar as this is applicable in Switzerland.

Tailored customer designs are made by Gübelin’s jewellers, goldsmiths and watchmakers with the greatest care and according to their interpretation.

The prices stated in brochures, the webshop or in correspondence are inclusive of Swiss value added tax as well as packaging and transport costs (including insurance premium for transport), unless the customer is explicitly charged certain costs when placing the order. Any further taxes and customs duties shall be borne by the customer.

Gübelin reserves the right to change prices at any time. The prices stated in Gübelin’s order confirmation are decisive for the customer and are fixed at the time the contract is concluded.

All information about availability and delivery time is provided without guarantee.

In any case, Gübelin reserves the right to cancel orders without providing a reason.

3. Contract conclusion, amendment or cancellation of the contract

3.1 Reservation viewings

It is possible to reserve the product for a non-binding viewing in a Gübelin store. Reservation shall not constitute the conclusion of a contract.

3.2 Contract conclusion

The contract is concluded when the customer and Gübelin agree on the scope of delivery and the price.

In the case of an order placed via the webshop, Gübelin will confirm receipt of the order by automated e-mail within 24 hours. This does not constitute conclusion of a contract. A contract is only concluded with the e-mail order confirmation from Gübelin (hereinafter order confirmation), in each case in particular with the actual delivery option as well as the price after deduction of any redeemed credit balance.

Any customer who wishes a delivery to be sent abroad shall send this request to Gübelin through the contact form available on the website (https://www.gubelin.com/cms/en/contact/international-sales/) and Gübelin will contact the customer personally by e-mail, phone or any other appropriate means. Gübelin will send the customer a price quote and these GTC with a deadline to accept by e-mail or any other appropriate way. The customer must approve the quote and the GTC within the deadline by e-mail or any other appropriate means. The contract is only concluded when the e-mail order confirmation from Gübelin is received, specifying in particular the delivery option and the price after deduction of any redeemed credit balance.

Customer credit in the form of discount codes, vouchers etc. can only be redeemed once.

3.3 Changing and cancelling orders

Gübelin accepts retrospective changes to or cancellations of the customer’s orders up until the order confirmation is sent.

After the order confirmation specifying the actual delivery option and the price, the customer is obliged to accept the products and services.

3.4 Right of revocation

Revocation and exchange are excluded for products which have been custom made or manufactured or modified for the customer, and for special offers as well as for products that are not brand new.

For all other products, the customer may return the product in exchange for a credit note within fourteen (14) calendar days of receipt under the following conditions:

a) For a product purchased in a store:

• The product should not be damaged and should be in its original condition.

• The product and all accessories should be returned in the original packaging.

• The terms according to the Cancellation Policy published separately on the website (https://www.gubelin.com/cms/en/legal/cancellation-policy) have been complied with.

b) For a product purchased via the webshop, Wechat or similar:

• The return must be registered using the appropriate form.

• The product should be in its original condition, i.e. in particular the seal, original cord, labels and protective films should be in their original condition and should not be damaged.

• The product and all accessories should be returned in the original packaging.

• The terms according to the Cancellation Policy published separately on the website (https://www.gubelin.com/cms/en/legal/cancellation-policy) have been complied with.

Gübelin generally confirms receipt of the order by automated e-mail within 24 hours, which does not constitute conclusion of a contract. A contract shall only be concluded with the sub-sequent e-mail dispatch confirmation or with the order confirmation for customer goods by Gübelin (hereinafter referred to as “dispatch/order confirmation”), in each case in particular with the actual delivery possibility as well as the price after deduction of any redeemed credit balance.

4. Delivery date, delivery delay/default in acceptance

4.4 Delivery date

The notification of the delivery date will be sent by e-mail or, if necessary, the customer will be contacted in person by another suitable means to agree on an individual delivery date. All stated or agreed delivery dates are non-binding and are approximate.

4.2 Delivery delay

If a (partial) delivery becomes impossible after the order confirmation of the actual delivery option and the price, the customer will be informed immediately by e-mail or other appropriate means. Only the amount already paid by the customer will be refunded, without interest, to the customer. Further claims by the customer due to delay in delivery or failure of delivery are excluded (see clause 9).

​​​​​​​4.3 Default of acceptance

If the customer refuses to accept the products or declares that he does not wish to accept the products after a grace period set for him has expired, Gübelin may refuse performance of the contract and claim damages for non-performance. Gübelin is entitled to demand either a lump sum of 25% of the agreed purchase price or compensation for the actual damage incurred from the purchaser as damages.

5. Delivery

In the case of delivery to the address provided by the customer, visible differences in quantity must be notified to the freight carrier immediately upon receipt of the goods, and hidden differences in quantity to Gübelin in writing within five (5) days of receipt of goods. Complaints regarding damaged or defective packaging as well as partially missing goods must be reported immediately after receipt. The provisions in clause 9 shall hereinafter apply to defective products.

A valid residential or business address must be provided as the delivery address, and delivery abroad will only be carried out for specifically labelled products.

6. Payment and settlement

Payment for a product or service on site at a Gübelin store is to be made step by step, e.g. by cash or credit card, or in advance by bank transfer.

When purchasing a product via the webshop or for delivery abroad, payment must be made in advance using the payment method offered by Gübelin at the time the contract is concluded. Currently, the customer can pay directly by credit card (Visa, Mastercard, American Express) or cryptocurrencies, for example. The customer will be charged when the order is placed. Furthermore, 0% financing for the purchase is also available with a Gübelin partner. The customer will be redirected straight to the partner's website for this. A separate agreement on financing shall be concluded between the partner and the customer. The purchase is subject to the successful completion of this separate financing agreement. Regardless of the payment method chosen, delivery will only take place after receipt of payment for the total amount of the products ordered.

An advance payment of 50% to 100% of the sales price is generally due for individual customer orders. Interest is excluded.

Gübelin shall grant the customer a one-off grace period if payment is delayed. Gübelin is entitled to charge a reminder fee of CHF 40.00 and to withdraw from the contract automatically if the grace period expires without payment.

The customer is not entitled to offset Gübelin claims against counterclaims.

7. Reservation of title

The product remains the property of Gübelin until full payment has been made. If the validity of this reservation of title depends on special conditions or formal requirements (e.g. entry in a register), the customer hereby expressly agrees to an application for entry by Gübelin. Furthermore, the customer undertakes to fulfil the further conditions and formal requirements for the validity of the reservation of title.

8. Transfer of benefits and risk

When a product is purchased on site at a Gübelin store, the benefits and risks are transferred to the customer step by step upon payment and transfer of the product.

In the event of purchase of a product via the webshop or a delivery abroad, the benefit and risk shall pass to the customer as soon as the consignment has been handed over to the person carrying out the transport. If dispatch is delayed or becomes impossible through no fault of Gübelin, the risk shall pass to the purchaser upon notification of readiness for dispatch. An assumption of transport costs (or other costs) by Gübelin agreed in individual cases has no effect on the transfer of risk.

9. Warranty 

9.1 Warranty period

The warranty in accordance with the following provisions shall be two (2) years after delivery to the customer, unless expressly agreed otherwise in writing. Thereafter, all warranty rights are forfeited.

A new warranty period of two (2) years shall commence for the parts, components or entire products which have been replaced.

​​​​​​​9.2 Notification of defects and delivery of defective products to Gübelin

The customer shall inspect the product for obvious defects upon delivery. If the customer finds an obvious defect after delivery or if the customer finds a hidden defect later, he must inform Gübelin of the defect in writing within five (5) days of its discovery. The defect found must be described as far as possible.

The defective product can be handed in to a Gübelin store directly or packaged ready for dispatch by post with a copy of the invoice and with the correct return address. Otherwise, the product must be sent to Gübelin by post at the expense and risk of the customer. For both types of delivery, the original packaging must be enclosed. Acceptance of the product does not mean that the defect has been acknowledged. The examination of the claimed defect will be carried out by the relevant department at Gübelin.

​​​​​​​9.3 Legal consequences of defective products

Gübelin offers the customer the same warranties that it receives from the manufacturers or suppliers. With regard to the deadline, sub-clause 9.1 above shall apply.

Subject to the manufacturer’s or supplier’s warranty provisions, the warranty shall in any case be limited to rectification of the defective products or delivery of a replacement for the defective product, as chosen by Gübelin. All of the above is subject to the timely notification of defects.

Any further warranty claims of the customer, in particular cancellation, price reduction and damages, are hereby expressly excluded to the extent permitted by law.

​​​​​​​9.4 Exclusion of warranty

The warranty rights shall no longer apply if, without Gübelin’s prior consent, the customer or a third party does not follow the operating or maintenance instructions for the products, makes changes, replaces parts or uses consumables that do not correspond with the original specifications.

The same applies to defects resulting from improper use, storage and handling of the products, outside interference or the opening of products. Minor deviations from the product specifications do not trigger any warranty rights.

A warranty for normal wear and tear, for consumables, for accessories and for enclosed batteries/rechargeable batteries is excluded. Warranty claims by the customer may not be assigned to a third party without the prior written consent of Gübelin.

Gübelin accepts no liability whatsoever for any loss of data when transferring a data carrier or a product containing a data storage device. The customer himself is responsible for data backups and the protection of his data.

​​​​​​​9.5 Repairs outside warranty claims

All costs for remedying defects in products that are not subject to warranty shall be borne by the customer. Gübelin reserves the right to charge the customer for the costs of checking the claimed defect and for shipping costs in the case of products that do not show any detectable defects.

10. Liability and exclusion of liability

In no event shall Gübelin be liable for (i) slight or moderate negligence, (ii) indirect or consequential damage and loss of profit, (iii) unrealised savings, (iv) damages due to delay in delivery, and (v) any acts or omissions by Gübelin’s auxiliaries, whether contractual or non-contractual, regardless of the legal basis on which the claim is asserted.

Furthermore, Gübelin is not liable for damage that is attributable to one of the following causes: (i) improper, non-contractual or unlawful storage, adjustment or use of the products, (ii) use of incompatible spare parts or accessories, (iii) omitted maintenance and/or improper modification or repair of the products by the customer or a third party, (iv) force majeure, in particular elemental, moisture, fall and impact damage etc., for which Gübelin is not responsible, and official orders.

11. Force majeure

All events due to force majeure and other events beyond our control, such as operational, traffic, transport and energy supply disruptions, strikes, lockouts, epidemics or pandemics, etc., shall release the affected parties from their contractual obligations for the duration and scope of their effects. This shall also apply if the cited circumstances concern Gübelin’s suppliers.


12. Privacy policy

Please refer to the privacy policy at https://www.gubelin.com/cms/en/legal/privacy-policy/.

13. Final provisions

13.1 ​​​​​​​Severability clause

If individual provisions are invalid or incomplete or if it is not possible to fulfil them, the validity of the remaining provisions shall not be affected. The contractual parties undertake to replace the ineffective provision by a permissible, valid provision which comes closest to the original intention and the economic purpose pursued thereby in terms of its content. The same applies to any loopholes.

​​​​​​​13.2 Right of modification

Gübelin reserves the right to change these GTC at any time. The version of the GTC valid at the time the individual contract was concluded shall apply.

The German language version of the GTC is the sole binding version.

​​​​​​​13.3 Applicable law

All legal relationships between Gübelin and the customer are subject to substantive Swiss law, to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).

​​​​​​​13.4 Place of jurisdiction

The ordinary courts of Lucerne, Switzerland, are exclusively responsible for disputes arising from the legal relationship between the customer and Gübelin. Gübelin is entitled to assert its rights against the customer before the competent court in its place of domicile or before any other competent court.

Lucerne, July 2021