TERMS AND CONDITIONS

General terms and conditions of business

§ 1 Scope and Terms of Use
1. These general terms and conditions (GTC) regulate the contractual relationships between the sole proprietorship Caronne Schmuck Gehrig, with registered office in Zurich (registered 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 "online shop").
2. The above General Terms and Conditions only apply to goods sold via the online shop.
3. These General Terms and Conditions exclusively regulate the contractual relationship between the Seller and its customers in the above sense. Contractual terms of the customer that conflict with or deviate from these General Terms and Conditions will not be recognized unless the Seller has expressly agreed to them in writing in individual cases.
4. These provisions apply exclusively to private consumers. A consumer is any natural person who places an order for purposes that cannot be attributed to their commercial or independent professional activity, but rather to their private needs and do not exceed normal consumption.
5. The seller may add to or change the terms and conditions at any time at its own discretion. The respective (approved) version at the time the customer submits an offer applies.
6. In order to use our services, the customer undertakes to provide truthful and complete information during the ordering process. If a customer fails to do so, the seller expressly reserves the right to reject a customer's order. Furthermore, the seller assumes no liability for incorrect information provided by the customer via the online shop.
7. The seller only delivers to Switzerland, Liechtenstein and the EU. The offer is therefore only aimed at persons/companies with a residence/headquarters in this area: For customers outside this area, any contract conclusion or delivery will only take place after prior consent from the seller at the customer's request. In this regard, the customer must use the contact form on the seller's website or contact the seller at info@melonsandmelons.com.
8. For further information, please refer to the separate imprint and the separate data protection provisions in the online shop.

§ 2 Subject matter of the contract
1. Melons & Melons makes every effort to deliver all of our jewelry to our customers in perfect condition. It is our strong concern to provide all of our customers with first-class service.
2. The subject matter of the contract are the pieces of jewelry/items offered and available for purchase by the seller via the online shop. The jewelry 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 online shop, customers can take a closer look at the products by clicking on the product image in the product overview and then 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 in the top right of the online shop's image display (see the corresponding 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 takes the customer to the checkout. At the checkout, after entering the personal information (personal details) and the shipping method (including the delivery address) requested in the input mask, the customer can use the "order for a fee" button to pay for the products they have previously selected directly or send the order to the seller. By placing the order, the customer makes a binding offer to conclude a purchase contract.
2. After ordering the desired products, the customer will receive an order confirmation with the relevant information at the email address provided. This automatically generated order confirmation email does not constitute acceptance of the offer, but merely documents that the seller has received the order. The seller can therefore decide freely after this point whether or not to accept the order. In exceptional cases (e.g. in the event of production problems), the seller can also withdraw from the sales transaction at this stage, of which it will immediately inform the buyer via the email address provided and then promptly initiate the refund of the purchase price, see section below.
3. Acceptance of the offer or conclusion of the purchase contract takes place through electronic delivery of the order/shipping confirmation by the seller to the specified e-mail address of the customer.
4. The customer is obliged to make advance payment: The ordered product will only be dispatched after payment has been made (payment by credit card, TWINT or instant transfer, see the following articles).
5. The seller is entitled to withdraw from the contract even after conclusion of the contract and payment of the purchase price if it is unable to deliver the ordered goods for various reasons. In this case, the seller will immediately inform the customer that the desired products are not available and will refund any amounts already paid within 3 days. In this case, the seller reserves the right to offer goods of equivalent price and quality with the aim of concluding a new contract for the purchase of goods of the same price and quality.

§ 4 Storage of the contract text / registration
1. The seller stores the order sent by the customer in the manner described above and the order data entered during the ordering process: This includes personal information such as name, residential address or business address and/or delivery address.
2. Existing customers have the opportunity to register as customers by providing the above information. This will give you access to the login area.

§ 5 Prices and Taxes
1. The prices quoted include any VAT: Shipping costs are shown separately during the ordering process.
2. We reserve the right to make price changes and price errors.
3. Discount codes can be passed on to third parties, but cannot be combined under any circumstances.

§ 6 Payment and Shipping Conditions
1. The purchased goods must be paid for in advance by the customer by credit card (VISA, MasterCard, TWINT) or via instant bank transfer as part of the ordering process. When paying by TWINT, the customer is directed directly from the ordering process to the relevant payment pages and the payment is made immediately.
2. In any case, the goods will only be dispatched after the seller has received payment of the purchase price plus shipping costs and any additional charges such as taxes.
3. Shipping is generally only within the EU, Liechtenstein and Switzerland. Therefore, orders are only accepted from buyers residing/based in these countries. Buyers outside of these countries can currently express their purchase request via the contact form or via the email address info@melonsandmelons.com and contact the seller in this way. In this case, the seller will - without making any corresponding assurances - clarify on a case-by-case basis and agree with the customer whether and under what conditions a purchase transaction and the shipping of goods outside the usual delivery area is possible.
4. Delivery is carried out exclusively by the Swiss Post as the shipping company. For shipping within Switzerland, shipping is free for orders with a goods value of CHF 69.00 or more; for shipping to the EU, this applies for orders with a goods value of CHF 120.00 or more. For special shipping instructions, please contact the seller at the contact address.
5. The risk of the goods being sold passes to the customer when the goods are handed over to the shipping company.
6. Any customs costs must be borne by the customer.

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

§ 8 Warranty and Liability
1. Unless otherwise agreed in writing between the parties, defects in the purchased goods are subject to the statutory provisions of Swiss sales contract law pursuant to Art. 197 et seq. OR.
2. The warranty period for asserting defects in the purchased item is a maximum of 1 year from receipt from the date of purchase (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 arise during the aforementioned warranty period (guarantee period) must be reported to the seller in writing immediately after they are discovered, but no later than within 2 working days (timely notification of defects): The customer undertakes to send the seller a written explanation of the defect and a photo of the defective condition via the email address info@melonsandmelons.com. The buyer must also state in writing whether he wishes to assert a right to cancellation of the purchased item (cancellation = return of the purchased item against reimbursement of the purchase price).
4. After examining the allegedly defective product (based on the complaint in accordance with Section 8, Item 3 above) and after confirmation of the defect by the seller, the customer has the right to cancel the contract: In doing so, the customer must first return the product to the seller at their own expense and in return receive a refund of the purchase price and, in the event of subsequent confirmation that there is an actual product defect, the delivery costs for the return shipment. If there is no actual product defect, the customer is responsible for the costs of return shipping. The customer bears the risk of returning returned goods until the goods are received by the seller. The goods must be returned in the original packaging.
5. Any warranty is void or does not even fall under a warranty case if the customer makes the following complaints:
– Damage and malfunctions to the products caused by accidents, improper or abusive use (cuts, cracks, contamination, unnatural smells, 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 proven professional qualifications. In particular, improper handling includes broken chains and bracelets, broken stones and jewelry, as well as damage caused by chlorine or salt water, perfume or sunscreen, for which the guarantee is excluded.
– Consequences of normal wear and tear or aging of the goods.
- Since the jewelry items for sale are already used jewelry, the signs of wear described in the context of the purchase of the goods are not considered warranty cases.
6. Information on how to use the products correctly can be found in the FAQ.
7. Any liability for third-party or consequential damages as well as for loss of the purchased product is excluded. The seller is not liable for damages caused by negligence.
8. The seller is not responsible for error-free and/or constantly available data communication via the Internet, nor for the error-free and uninterrupted availability of the online shop. The seller is not liable for technical and/or electronic errors that occur during the ordering process.

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

§ 10 Retention of Title
1. Any goods delivered before full payment have been made shall 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 online shop.

§ 12 Copyrights
1. Either the seller or the seller has the copyright to all images of the products for sale shown on the aforementioned Internet platform. These works may only be used by third parties with the written consent of the seller.

§ 13 Final Provisions
1. All transactions in connection with these terms and conditions are subject exclusively to Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. The place of jurisdiction for disputes arising from this contractual relationship – subject to different mandatory places of jurisdiction – shall be the courts in Switzerland having jurisdiction at the Seller’s place of business.
3. If one or more clauses of these terms and conditions are completely or partially invalid, this does not affect the validity of the remaining contractual provisions and these parts of the contract remain valid. In this case, the individual invalid or void provision is to be replaced by a new, legally permissible provision that comes as close as possible to the economic effect of the invalid or void provision. If an invalid contractual clause is not subsequently corrected, it will be replaced by a relevant statutory provision.

data protection

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


YOUR RIGHTS AS A DATA SUBJECT
You can exercise the following rights at any time using the contact details of our data protection officer:
Information about your data stored by us and its processing (Art. 15 GDPR),
Correction of inaccurate 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 that you have consented to 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 at any time with a complaint, for example the competent supervisory authority in the federal state in which you reside or the authority responsible for us as the controller.
A list of supervisory authorities (for the non-public sector) with addresses can be found at: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.


COLLECTION OF GENERAL INFORMATION WHEN VISITING OUR WEBSITE
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 the type of web browser, the operating system used, the domain name of your Internet service provider, your IP address and similar.

They are processed in particular for the following purposes:
Ensuring a smooth connection to the website,
Ensuring smooth use of our website,
Evaluation of system security and stability as well as
to optimize our website.
We do not use your data to draw conclusions about you personally. We may statistically evaluate information of this type anonymously in order to optimize our website and the technology behind it.


Legal basis and legitimate interest:
The processing is carried out in accordance with Art. 6 (1) (f) GDPR on the basis of our legitimate interest in improving the stability and functionality of our website.


Recipient:
Recipients of the data may be technical service providers who act as contract processors for the operation and maintenance of our website.


Third country transfer:
The data collected may be transferred to the following third countries:
No, the data will only be used for shipping and for the newsletter.
The following data protection guarantees are in place:


Storage period:
The data is deleted as soon as it is no longer required for the purpose for which it was collected. This is generally the case for the data used to provide the website when the respective session has ended.


Provision required or necessary:
The provision of the aforementioned personal data is neither legally nor contractually required. However, without the IP address, the service and functionality of our website cannot be guaranteed. In addition, individual services may not be available or may be restricted. For this reason, an objection is excluded.


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


REGISTRATION ON OUR WEBSITE
Type and purpose of processing:
To register on our website, we require some personal data, which is transmitted to us via an input mask.
At the time of registration, the following data is also collected:
Name, address, email address
Your registration is required to provide certain content and services on our website.


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


Recipient:
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:
Data will only be processed in this context as long as the corresponding consent has been given.
Provision required or necessary:
The provision of your personal data is voluntary and based solely on your consent. Without the provision of your personal data, we cannot grant you access to the content we offer.


NEWSLETTER
Type and purpose of processing:
In order to deliver our newsletter, we collect personal data that is transmitted to us via an input mask.
We require a valid email address for effective registration. To verify that registration is actually made by the owner of an email address, we use the "double opt-in" procedure. To do this, we log the registration for the newsletter, the sending of a confirmation email and the receipt of the response requested here. No further data is collected.

Legal basis:
Based on your express consent (Art. 6 Para. 1 lit. a GDPR), we will regularly send you our newsletter or similar 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 newsletters 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 provided at the end of this data protection notice.

Recipient:
Recipients of the data may be contract processors.

Third country transfer:
The data collected may be transferred to the following third countries:
No.
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 corresponding consent is given. After this, it will be deleted.
Provision required or necessary:
The provision of your personal data is voluntary and solely based 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. You can unsubscribe using the link included in every email or by contacting the data protection officer or the person responsible for data protection listed below.


CONTACT FORM
Type and purpose of processing:
The data you enter will be saved for the purpose of communicating with you individually. For this purpose, you must provide a valid email address and your name. This is used to assign the request and then answer it. Providing further data is optional.

Legal basis:
The data entered into the contact form is 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 your request and for possible follow-up questions.
If you contact us to request a quote, the data entered in the contact form will be processed to carry out pre-contractual measures (Art. 6 para. 1 lit. b GDPR).

Recipient:
Recipients of the data may be contract processors.

Third country transfer:
The data collected may be transferred to the following third countries:
No.

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 a contractual relationship is established, we are subject to the statutory retention periods according to the German Commercial Code (HGB) and will delete your data after these periods have expired.
Provision required or necessary:
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.


USE OF GOOGLE MAPS
We use Google Maps on this website. Google Maps is operated by Google LLC, 1600 Amphitheatre 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.
For more information about data processing by Google, please see the Google privacy policy: 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 happens regardless of whether Google provides a user account through which you are logged in or whether no user account exists. If you are logged in to Google, your data is assigned directly to your account.

If you do not want to be assigned to your Google profile, you must log out of Google before activating the button. Google saves your data as user profiles and uses them for the purposes of advertising, market research and/or needs-based design of its websites. Such an evaluation is carried out 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, and you must contact Google to exercise this right.

Revocation of consent:
The provider does not currently offer any option for a simple opt-out or for blocking data transfer. 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 may only be able to use it to a limited extent.


INFORMATION ABOUT YOUR RIGHT OF OBJECTION ACCORDING TO ART. 21 GDPR
case-specific right of objection
You have the right to object at any time to the processing of personal data concerning you which is carried out on the basis of Art. 6 (1) (f) GDPR (data processing on the basis of a balance of interests), for reasons related to your particular situation; 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 demonstrate compelling legitimate grounds for the processing which outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

recipient of an objection
Caronne Schmuck Gehrig


CHANGES TO OUR PRIVACY POLICY
We reserve the right to adapt this privacy policy so that it always complies with the current legal requirements or to implement changes to our services in the privacy policy, e.g. when introducing new services. The new privacy policy will then apply to your next visit.


QUESTIONS FOR THE DATA PROTECTION OFFICER
If you have any questions about data protection, please send us an email or contact the person responsible for data protection in our organization directly:
The privacy policy was created with the help of activeMind AG, the experts for external data protection officers (version #2020-09-30).