GENERAL BUSINESS RELATIONS

1. Offer and scope

The jeweler KURZ AG (KURZ 1948) offers the following service:

Sale of watches and jewelry in the nine KURZ 1948 stores: Zurich, Glattzentrum, Lucerne, Emmen Center, Bern, Basel, Lugano, Geneva and Centre Balexert.

Watch and jewelry repairs of the brands: Omega, Glashütte Original, Blancpain, IWC Schaffhausen, Breitling, Chopard, Carl F. Bucherer, Franck Muller, Longines, Tudor, Norqain, Baume & Mercier, Frederique Constant, Rado, Maurice Lacroix, Ebel, Oris, Hamilton, Tissot, Mido, Certina, Tag Heuer, Noor und Pasquale Bruni, as well as KURZ 1948's own jewelry creations. A repair order becomes binding as soon as the customer signs the cost estimate, or verbally agrees.

Battery and leather strap service, of the above watch brands, as well as of other watch/jewelry brands, which are not distributed by KURZ 1948 and are expressly agreed on site by the sales staff, for acceptance.

These General Terms and Conditions (the GTC) govern the business relationship between Juwelier KURZ AG (hereinafter referred to as the "Seller") and the customer (hereinafter referred to as the "Customer" for the nine KURZ 1948 Boutiques, as well as the services of the KURZ 1948 Website (https://www.kurz1948.ch). Unless explicitly regulated otherwise, the GTC shall also apply to repairs.

 

2. Prices and VAT

Selling prices are quoted in Swiss Francs (CHF) on the KURZ 1948 website, as well as in KURZ 1948 boutiques, and include VAT at the applicable rate.

Juwelier KURZ AG reserves the right to change the prices for the offered items at any time.

Price adjustments, do not apply to orders with down payment according to the date of the order confirmations. As well as for repair orders in which an offer has been signed in writing.

The VAT number of KURZ 1948 is: CHE-105.841.562.

 

3. Payment conditions and credit check

KURZ 1948 offers the following payment options:

Mastercard, Visa, Amex, Postcard, debit card and cash payment in the amount up to CHF 100`000.-. Card limits and conditions are subject to the contract between the customer and his bank.

Payment by invoice (within 30 days). Goods shall be collected by the customer at the agreed KURZ store once full payment of the goods has been confirmed. The bank transfer can be made without further confirmation of the bank up to the amount of CHF 100`000.

Juwelier KURZ AG offers its customers installment payments. The execution of the financing is managed by the payment partner HeyLight. The use of this service requires the acceptance of the HeyLight general terms and conditions by the customer. KURZ 1948 assigns the customer's payment claim to HeyLight. With this choice, the customer enters into a new contractual relationship with HeyLight. In case of purchase with installment payment, the customer thus accepts the GTC of Juwelier KURZ AG and the GTC of HeyLight. The credit assessment is solely subject to HeyLight. Juwelier KURZ AG does not take any position towards the customer on the part of HeyLight.

Juwelier KURZ gift Vreneli can be redeemed in all Juwelier KURZ boutiques until 31 August 2030. From 1 September 2030, the Gift Vreneli will no longer be valid and can no longer be used as a means of payment. Alternatively, the amount can be credited to the customer's account by 31 August 2030 at the latest. This option will also no longer be available from 1 September 2030.

4. Right to return goods free of defects

Juwelier KURZ AG grants the customer the right to return the purchased products within a maximum of 30 calendar days from the date of the purchase invoice, provided that the product is unused, unworn and in the original condition in which the customer acquired it from KURZ 1948.

Jeweler KURZ AG excludes the right of return if the purchased goods:

are custom-made products

• Production of a special size.
• Personalized or engraved products.
• Production of a special gemstone.
• Price reduced items, as well as worn or damaged products
• Purchase of a product with HeyLight.
• Gift cards from KURZ 1948.

The returned goods will be subject to quality control in the respective KURZ 1948 store. If no defect and no traces of use are found in front of the customer and the goods are returned with the original packaging, Juwelier KURZ AG will refund the entire purchase price to the customer by means of a KURZ 1948 voucher.

Cash refund is not permitted.

 

5. Warranty conditions/ Warranty exclusion

Juwelier KURZ AG guarantees that the purchased goods are free of defects and functional for a period of 2 years after purchase. The warranty period continues irrespective of the provision of any warranty service. The guarantee will be accepted if the customer presents proof of purchase or the certificate of authenticity/guarantee certificate for the goods. KURZ 1948 distinguishes between two types of warranty:

• Warranty of the third-party manufacturer (In par. 1.a.ii, mentioned watch and jewelry brands). The brand grants the warranty according to their conditions. KURZ 1948 will provide the customer with the warranty certificate and will be available to handle warranty claims without any legal obligation on its part.
  
  
• Insofar as claims are made against Juwelier KURZ AG’s jewellery for material defects, the warranty shall be limited to elimination of the defects (repair and, if necessary, rectification). If the defects are irreparable, Jeweler KURZ AG shall provide a replacement of equal value. Price reduction and contract cancellation are excluded. Juwelier KURZ shall be entitled to fulfill its warranty obligation by either:
  
  

Juwelier KURZ shall be entitled to fulfill its warranty obligation by either:

• Carrying out a repair free of charge (original warranty period continues to be valid for the entire products)
  
  
• Partial and complete replacement with an equivalent used/repaired product. (In case of replacement in the 1st year of warranty the original warranty period continues, in case of replacement in the 2nd year of warranty the warranty period runs 1 year from the date of replacement).
  
  
• Offering replacement by a new product (new warranty period of 2 years as of date of replacement). The price difference between the new product and the defective product will be paid by the customer or refunded by means of a KURZ 1948 credit note.
  
  
• A credit note issued at the daily price (maximum the selling price at the time of the order).
  
  

Juwelier KURZ AG shall not be liable - irrespective of the legal basis on which the claim is asserted - in any case for:

• Slight negligence on the part of the customer towards the purchased goods.
  
  
• Indirect and indirect damages and subsequent damages, as well as lost profits.
  
  
• Unrealized savings due to price differences with other distributors or due to price increases on the part of KURZ 1948 taking into account para. 2.a. ii.
  
  
• Improper, non-contractual or unlawful storage, adjustment or use of the products.
  
  
• Use of incompatible spare parts and/or accessories.
  
  
• Failure to have the products maintained and/or improperly modified or repaired by the customer or a third party
  
  
• Force majeure, in particular damage caused by natural hazards, moisture, falls, impacts, etc., for which KURZ 1948 is not responsible, and official orders.

 

6. Repairs outside of warranty claims

All costs incurred in remedying defects in the products that are not covered by the warranty shall be borne by the Customer. In the case of products which have no detectable defects, KURZ 1948 reserves the right to charge the customer for the costs of inspecting the claimed defect as well as the shipping costs.

As soon as the goods are returned from repair, they will be ready for collection by the customer at the respective KURZ 1948 boutique. If the goods are not picked up within six months after notification of completion, KURZ 1948 will contact the customer regularly for three years in written and verbal form (SMS, mail, phone call).

If the goods are not collected by the customer within this 3-year period, the obligation for further storage and any liability for damage or loss of the goods shall lapse.

If the Customer fails to respond to the last written contact by registered mail, he waives the ownership of the goods in the sense of a conditional disposition and such ownership is automatically transferred to Juwelier KURZ AG at the relevant time without any further action on the part of the Customer or KURZ 1948.

 

7. Complaints and KURZ 1948 Customer Service

If a defect is found in a product, the customer shall immediately contact the customer service: [email protected], or directly contact the KURZ 1948 store where the goods had been purchased.

 

8. Privacy Policy

KURZ 1948 refers to the Data Protection Guidelines.

 

9. Applicable law and place of jurisdiction; severability clause and reservation of right of modification

All contractual relations between Juwelier KURZ AG and its customers shall be governed by substantive Swiss law, to the exclusion of the rules of private international law and the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction shall be Wollerau in the Canton of Schwyz. KURZ 1948 shall be entitled to bring an action against the customer before the competent court of his place of residence or before any other competent court.

Should individual provisions of these GTC be invalid or incomplete, or should fulfillment become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision by a permissible valid provision which, according to its content, comes closest to the original intention and the economic purpose pursued with it. The same shall apply if there is a loophole.

 

Valid as of January 1,.2025

 

Jeweler KURZ AG

Roosstrasse 53

CH - 8832 Wollerau