Shawish Website’s Terms and Conditions

The terms and conditions listed below are valid for all purchases of products from Shawish SA online shop at www.shawish.ch. All information on the website and in connection with placing orders, including these terms and conditions, is in English and the agreement is entered into in English.
Shawish reserves the right at all times to change the models featured in the website. While Shawish takes care to ensure that the colors of items you see on our web site give an accurate representation of the color of the item. However, computer monitors vary and there may be some distortion in transmission so we cannot guarantee that the color you see on your computer screen will be completely accurate.
By placing an order, the customer accepts these Terms and Conditions of Sale, which will at all times be accessible on Shawish’s online shop. Please read these terms and conditions thoroughly. We regularly update these terms and conditions – changes will be posted on www.shawish.ch.
The e-boutique section of www.shawish.ch is Shawish’s own online ordering, purchasing and information service. The e-boutique is open 24 hours a day, so you can order online at any time you wish. Please read the ordering process description below. We hope that you will have a positive experience with our e-boutique.
The staff of www.shawish.ch processes orders Monday-Friday from 10am-4pm Central European Time, except on Swiss public holidays. Orders placed outside of these hours will be processed on the following business day.

PRIVACY POLICY

We appreciate that protection of your privacy is very important to you. Shawish does not collect any personally identifiable information from you without your knowledge or permission and does not ask you for such information to access and use the website.Accordingly, Shawish SA will only use personal information you give us for strictly limited purposes and is limited to trusted employees of Shawish SA. However, it is not possible to guarantee 100% security for data transactions via Internet. When data is sent and stored electronically, there is always a risk that others will force their way to unauthorized access to protected data before it reaches our servers. So even though Shawish does its best to protect your personal data, we cannot secure, nor guarantee the security of some information. Thus, you send your data at your own risk.
Your personal information includes your name, email addresses, physical addresses, phone numbers. We do not hold or transmit your credit card details. These are held directly by SIX, our payment service provider. We will hold and use your personal data only for authorised purposes such as dealing with any enquiries you make to us, including registering you as a user on our website if you request it, carrying out appropriate credit or identity checks if you want to buy something from us, processing your order, delivering your purchases to you. We may pass your data on to third parties in different jurisdictions for these purposes.
Subject to the terms of this Policy, we may use your information to improve the content of the website, to communicate information to you (if you have requested it), for our own marketing purposes, and for the purposes specified in this Policy. Any information you provide to us through the website will not be sold, rented or published.
We collect statistical information about website traffic, sales and other commercial information, but these statistics are not passed to other parties.
Our website can use cookies (a cookie is a piece of software that is stored on your computer’s hard drive by your web browser which allows the website to remember your preferences). Most browsers are automatically set to accept cookies but usually you can alter the settings of your browser to prevent automatic acceptance. If you chose not to accept cookies, you will still be able to use most of the features on our website.
Please note that we may disclose your personal data to regulatory or other bodies in order to comply with any legal obligation. This may include exchanging information with other organisations for the purpose of fraud prevention.
By giving us your personal information, you promise that the personal data you give us is accurate, that you will let us know if it changes, and you agree that we may hold and use your data for the purposes set out above and any other lawful purpose.

CONDITIONS OF USE OF OUR WEB SITE

This website is operated by Shawish SA which has its registered office at Cour Saint-Pierre 5, Geneva 1204, Switzerland.

If you do not wish to accept these terms and conditions of use of our website, you should not use our website. By using our web site, you agree to these terms and conditions of use.

1 Intellectual Property Rights
Shawish SA is the owner or licensee of the intellectual property rights (designs, images, graphics, photographs, sounds, videos, copyright, trade marks etc.) in the web site and any material published on it. This material, including the design of any items featured on the website, is protected by intellectual property laws around the world.

Nothing on this website or any material displayed on it, (including the design of any items featured) may be copied, reproduced, adapted, downloaded, distributed, or used or exploited in any way, in whole or in part, without the prior express written permission of Shawish SA. This is an important term for us and Shawish is vigilant in protecting its intellectual property rights.

2 Linking
You may link to our website but you must link to our home page so that users of your site do not think we are associated or connected to you. When sites do link to our website, or when we link to other sites, we are not responsible for the content on the other sites or any use you make of those sites. Those sites will have their own terms and conditions of use.

3 No Commercial Use
You are permitted to print one copy of any of the pages from our website for your own personal, non-commercial reference. You may not copy, adapt, publish, transmit, generate advertising, or use or exploit the site in any other way.

4 Accuracy of Information on this Website
We have taken care to ensure that information and material on this site is accurate but we make no representation and give no guarantee that it meets any particular standard of reliability or accuracy. It is provided free of charge for your own personal information. The information is not intended for business or academic use.

5 Limitation of our Liability
To the maximum extent permissible by law, we expressly exclude liability for any direct, indirect, special or consequential damages, whether in contract, negligence or otherwise, arising out of your or anyone else’s use of this website or the reliance of information on it.

We cannot be considered responsible for any loss you suffer as a result of your use of, or inability to use, this website, or use of any information on it.

Nothing in this section limits or excludes the liability of the Shawish SA of companies for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited by law.

6 Governing Law and Jurisdiction.
These terms and conditions of use are governed by the laws of Switzerland you agree to the exclusive jurisdiction of the Swiss courts irrespective of where you live or access our web site.

Terms & Conditions of Sale

Shawish SA’s Terms and Conditions of Sales apply to all sales made on our website, www.shawish.ch. Unless we tell you otherwise, they do not apply to any purchases you make from Authorised Shawish Retailers or other outlets – those retailers will have their own terms and conditions of sale.

1 Who We Are
The particular Shawish entity you contract with to sell your purchase to you varies depending on how you purchase your items. In all instances, we will refer to this party as « Shawish », or « us » or « we » etc. in this agreement.
If you purchase your items ONLINE, the seller is Shawish SA, whose registered office is Cour Saint-Pierre 5, Geneva 1204, Switzerland.
In general, to contact us, you should do so at eboutique@shawish.ch.

2 Eligibility and Personal Details
By placing an order with us you must be legally capable of entering into a contract with us. This normally includes being at least 18 years of age. You confirm that the information you provide about yourself is true, accurate and complete and that you are the person referred to in the billing information. If any information changes, you should advise us straight away. For online sales, you promise to keep your login details secure and not give them to anybody else. You must notify us immediately if you think there has been a breach of security or unauthorised use of your account. We do not guarantee that you will be able to make online purchases in all countries, or that we will accept all payment cards. By making an offer (asking) to purchase merchandise from us you authorise us to carry out credit checks, to transmit or obtain information about you to or from third parties in any jurisdiction, to authenticate your identity, and to process your personal information to complete the transaction. See our Privacy Policy for how we may use your personal information.

3 How the Contract for Sale is Formed
ALL OFFERS TO BUY OR SELL MERCHANDISE ARE CONDITIONAL ON THE MERCHANDISE BEING AVAILABLE FOR SALE AT THE TIME OF INTENDED DELIVERY.

For ONLINE contracts, your order constitutes an offer to Shawish that you will buy the merchandise. All orders are subject to acceptance by us. (Our online sales procedure is intended to make available for sale only items for delivery to countries in the drop down menu). If there is any discrepancy between the sales procedure and these terms and conditions of sale, these terms and conditions take precedence.

Payment by credit card

We will confirm receipt of your order by an « Order Confirmation Receipt », this will be done by our payment service provider SIX-Saferpay.However, the contract will not be formed until we have checked availability andaccepted the payment by sending an « Acknowledgement of Payment Confirmation » email to you. The « Acknowledgement of Payment Confirmation » serves to confirm that the contract has been formed and also advises you of the delivery details. Once the order will be dispatched to you, we will send you a « Dispatch Confirmation ».
If you do not receive an « Order Confirmation Receipt » within 5 hoursof placing your order, or you do not receive a »Acknowledgement of Payment Confirmation » within 5 business days of placing your order, you should contact our online sales staff at eboutique@shawish.ch.

Payment by bank transfer

We will confirm receipt of your order by an « Order Confirmation Receipt » but the contract will not be formed until we have checked availability andaccepted the payment by sending an « Acknowledgement of Payment Confirmation » email to you. The « Acknowledgement of Payment Confirmation » serves to confirm that the contract has been formed and also advises you of the delivery details. Once the order will be dispatched to you, we will send you a « Dispatch Confirmation ».
If you do not receive an « Order Confirmation Receipt » within 5 hoursof placing your order, or you do not receive a « Acknowledgement of Payment Confirmation » within 8 business days of placing your order, you should contact our online sales staff at eboutique@shawish.ch.

Ownership of any items you have agreed to buy from us will pass to you at the latter of the time you take delivery of the items or the time you pay for them in full.We do not normally give customers items « on approval » or allow them to take possession of merchandise before it is paid for in full. On the rare occasion that we might allow customers to take possession of goods before they are paid for, the customer will be fully responsible for the merchandise after they have taken possession of it, and if it is lost or damaged, they will have to pay for it.

4 Purchase process

The following is a step-by-step description of the purchasing process atour website:

Locate the product you wish to purchase.
Place the product in the shopping bag by clicking « Add to my shopping bag ».

After this, you can continue your search if you wish to continue shopping. While in the online shop, you can see the content of your shopping bag at any time by clicking « Shopping bag ».

If you would like to remove selections from the shopping bag or change the number of items in the cart, you can use the delete button or edit the « quantity » box. Click « Update shopping bag » if you wish to see the total price after your changes.

When you are ready to complete your purchase, click « Continue to checkout »
You will have then the possibility to register as a Shawish Member or as a Guest

You are then transferred directly to the order confirmation page.

On this page, you can change the shipping address and you will be informed that the accepted form of payment is a credit card or a bank transfer. You can also enter comments on the order/delivery here.

On the following page, you see a summary of your order and the information you have entered. You must then confirm your order and accept the Terms and Conditions of Sale.

When you click « Confirm order », you will be transferred to the payment page, which is located in a secure environment.

You must now enter your payment card information or choose the bank transfer option.

Your order is not completed until you finalize the complete process and receive the corresponding Order Confirmation by email. If you leave this page prior to completing the process, the order will not be completed and processed.

As soon as the purchase is completed, we send you an Order Confirmation Receipt e-mail to the address you provided when placing your order.

Then, an « Acknowledgement of Payment Confirmation » will be sent to you to confirm the contract. These could take a few days.

When you order has been filled and shipped, you will again receive a Dispatch Confirmation e-mail.

The actual agreement between you and Shawish SA is considered entered into when Shawish SA has confirmed the order. If Shawish SA is unable to fulfil your order for reasons such as sold-out products, we will contact you as quickly as possible by telephone or e-mail.

5 Price, Taxes, Payment and Delivery

The prices displayed on our website exclude VAT and other duties which are different depending on the country the product is delivered to. The prices include shipping and insurance cost for delivery. As a consequence, all excluded taxes and duties will have to be paid by the customer at the delivery.
We reserve the right to change prices immediately without further notice.We try to ensure that all our advertised prices are accurate, but errors may sometimes occur. If we discover an error in the price of an advertised item or an item you have ordered, we will contact you as soon as possible. You will have an option to reconfirm your order at the correct price or to cancel it.
You may pay for your merchandise by bank transfer or credit card. Please be aware that the delivery process with bank transfer will be longer as it will start only when the funds will be credited on Shawish SA’s bank account, this could take up to 3 days from the day the transfer has been made.
Regarding credit cards, weaccept payment with the following cards: VISA/Visa-Electron/MasterCard/Eurocard/American Express.
Shawish encrypts all of your card data with the so-called SSL (Secure Socket Layer) protocol. This means that unauthorized persons cannot read your card number or other information transmitted during the transaction with SIX.
We are complying with Swiss Money Laundering regulations that restrict the amount of cash we are allowed to accept without additional controls. We are also entitled to refuse a purchase without explaining the reasons. All credit card holders are subject to validation checks and if the issuer of your card refuses to authorize payment, we will not be liable for any delay or non-delivery.
For online sales we will arrange for delivery to the delivery address but we and our agents reserve the right to delay or decline delivery to any address for security or other reasons. If delivery cannot be made at your chosen address, we will ask you to provide an alternative address.
The delivery time will be indicated for each item and could be different depending on the stock and the delivery address. You will know before the payment how long it will take and thereby you will have all the necessary information to decide if you want to buy the item.
We take reasonable care to keep details of your order and payment secure but third parties are necessarily involved in processing your card information. In the absence of negligence by Shawish, we will not be liable for any loss you suffer for unauthorized access to any data you provide us when ordering from our website.

6 Returns

You may cancel this purchase for any reason up to 7 days following your receipt of the ordered products. If you cancel this purchase, Shawish will, upon receipt of the returned products and after having made a quality check of the products, refund or credit any payments you have made for the ordered products. You may obtain further information and assistance concerning the return of the products ordered by sending an email to eboutique@shawish.ch through our website www.shawish.ch under « Contact » menu. To cancel the purchase, you must send a written notice to the abovementioned email address 7 days of your receipt of the products, or send the products back to the following address for delivery within 7 days of your receipt of the products:

Shawish SA
Attn: Returns
5, Cour Saint-Pierre
1204 Geneva
Switzerland

We advice you to send the products back by registered mail in order to show the date of the return. You must return the full order to us at our Geneva address at your cost, you must arrange for its insurance at the price you paid for it, and the items must be returned unused and in their original condition and with original packaging and certificates. We will not accept items returned if they are used or damaged or returned without their original packaging, or if the item was specially made or personalized for you.
In some jurisdictions you may be entitled to cancel online orders if they are not delivered to you within a defined or reasonable time from placing your order, and you have not agreed to a specific delivery date. In the European Union, the defined period is 30 days (unless you have agreed something else with us). We will try to get your order to you as soon as possible and we will honour any law applicable in the jurisdiction the merchandise is intended to be delivered to, that gives you the right to cancel for delayed delivery. If you wish to cancel under this law you should write to us at our Geneva address or email us at eboutique@shawish.ch, using the heading « Cancellation of Sale for Non Delivery. » If you cancel under this law (where it is available) we will give you a full refund.

7 3-year period Warranty

We offer a 3-year warranty period to our customers against manufacturing defects in all products we sell. This means that if a manufacturing defect becomes apparent during this 3-year period in any product we sell you, we will fix the defect (where reasonably possible) at no cost to you. If we cannot fix the defect at a reasonable cost we will discuss some other form of compensation with you. This warranty covers gifts you buy for others and give to them within one year of purchase, but it does not extend to any other disposition of the product. Of course, you must take good care of the product and if it requires servicing, then it must be serviced regularly, and you must be able to provide proof that you bought the item from us.
You should always ensure you have insurance to cover loss of stones or other accidental loss or damage to any item. We will not be liable for loss of or damage to stones under this warranty, or for any indirect loss you suffer due to a manufacturing defect in any item you have purchased from us.
This warranty does not affect any legal rights you may have if you have been supplied with faulty goods.
If your item is damaged by normal wear and tear, please contact our sales team at eboutique@shawish.chand we will try to provide a quote for repair where possible.

8 General

We may change these terms and conditions at any time but once you have purchased an item, the terms and conditions current at the time of purchase will apply.
If any of these terms and conditions is invalid or unenforceable, the remainder will continue to have full force and effect.
These terms and conditions will not be binding on our assignees or successors unless they adopt these terms and conditions or they are affiliated with Shawish.
If we breach these terms and conditions we will be liable only for your direct losses and the reasonably foreseeable consequences of our breach.
Our liability is limited to the price you paid for the goods purchased from us.
We will not be responsible to you for any delay or failure to comply with our obligations if the delay or failure arises from any cause beyond our reasonable control. We do not seek to limit our liability for death or personal injury arising from our negligence, or to exclude liability for fraudulent misrepresentation by ourselves or our agents.

9 Contact information

We will gladly answer any questions you have about these Terms and Conditions of Sale or other aspects of our service. Please contact our customer service via e-mail at eboutique@shawish.ch or send a mail to :

Shawish SA
5, Cour Saint-Pierre
1204 Geneva
Switzerland