Terms and Conditions of Use & Sale
THESE TERMS AND CONDITIONS OF SALE (THE “TERMS AND CONDITIONS”) GOVERN THE SALE OF PRODUCTS TO CUSTOMERS IN SWITZERLAND THROUGH THE WEBSITE [WWW.GRAFF.COM] (THE “SITE”). THE SELLER IS GRAFF DIAMONDS SARL, 28–29 ALBEMARLE STREET, LONDON, W1S 4JA, UNITED KINGDOM. THESE TERMS AND CONDITIONS DESCRIBE WHO WE ARE, HOW WE SUPPLY PRODUCTS TO YOU, HOW YOU AND WE MAY CHANGE OR END THE CONTRACT, WHAT TO DO IF THERE IS A PROBLEM, AND OTHER IMPORTANT LEGAL INFORMATION. YOUR USE OF THE SITE IS ALSO SUBJECT TO OUR TERMS AND CONDITIONS OF USE. BY PLACING AN ORDER THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS AND OUR TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH THEM OR HAVE ANY QUESTIONS, PLEASE CONTACT OUR CUSTOMER SERVICE TEAM BEFORE PLACING AN ORDER. THESE TERMS AND CONDITIONS APPLY EXCLUSIVELY TO SALES MADE TO CUSTOMERS IN SWITZERLAND AND ARE GOVERNED BY SWISS LAW, SUBJECT TO MANDATORY PROVISIONS OF CONSUMER PROTECTION LAW. THESE TERMS ALSO COMPLY WITH THE TRANSPARENCY REQUIREMENTS UNDER THE SWISS UNFAIR COMPETITION ACT (UCA).
1. INFORMATION ABOUT US AND HOW TO CONTACT US
Who we are. We are Graff Diamonds SARL (“Graff”, “we”), a company registered in England and Wales under company number 0678883, with a principal commercial address at 28–29 Albemarle Street, London, W1S 4JA, United Kingdom, and an operational address at Rue du Rhone 29, 1204 Geneve, Switzerland. Our VAT number is GB 232-320-025. For more information about Maison Graff and our history, please visit the “Contact Us” page on our website.
How to contact us. You may contact our Customer Services Team by phone at 0800 888 002 or by email at clientservices.ch@graff.com.
To contact you. We will use the contact information (e.g. telephone number, email address or postal address) that you provide when placing your order. If convenient, we (and/or our delivery partners) may also communicate via SMS, WhatsApp or similar messaging services to provide updates regarding your order and delivery. Please refer to our Privacy Policy for details on how we process your personal data.
Communication. References to “written” or “in writing” in these Terms include communication by email.
2. PLACING AN ORDER
Who can place an order? These Terms and Conditions apply to orders placed via our website www.graff.com by individuals over 18 years of age residing in Switzerland. Orders for delivery to addresses in Switzerland are accepted subject to availability and verification procedures.
When is an order placed? Once you have selected the products and added them to your shopping cart, you will be guided through the checkout process. You may review and correct any information before clicking the “PAY NOW” button, which constitutes your offer to purchase the selected products. We may request a pre-authorisation at this stage. However, no payment will be taken until your order is confirmed and ready for dispatch.
Payment options. You may complete your purchase as a guest or through your personal customer account.
Order confirmation. After placing your order, you will receive an acknowledgment email summarising your purchase. This confirmation does not constitute acceptance of your offer.
Order acceptance and contract formation. A contract of sale is concluded only when we notify you by email that your order has been accepted and is being dispatched. You will also receive a unique order number for reference.
3. OUR CONTRACT WITH YOU
Acceptance of your order. Your order constitutes an offer to purchase the products. Acceptance of your order will only occur when we send you an email confirming that your order has been dispatched. At this point, a binding contract of sale is formed between you and us. Your chosen payment method will be charged and an invoice will be issued at the time of dispatch.
Refusal of your order. If we are unable to accept your order, we will notify you using the contact details you provided. You will not be charged. This may occur, for example, if the product is out of stock, in the event of technical issues or operational limitations, if you do not meet the eligibility criteria set out in these Terms, if your payment cannot be authorised, if there is an error in the product price or description, or if we are unable to meet a requested delivery timeline.
4. OUR PRODUCTS
We take all reasonable care to ensure that the descriptions, images, and prices of products displayed on our Site are accurate and up to date. However, the following applies:
Images. Product images are for illustrative purposes only and may not precisely reflect the product you receive. Differences may arise, particularly in:
(a) Colour: While we aim to display colours accurately, variations may occur due to screen settings. The actual product colour may differ slightly.
(b) Size: Images may be enlarged or reduced to show detail. Please consult the measurements provided for an accurate representation.
(c) Carat weight: Carat weights are shown to two decimal places and may vary slightly from images.
Product packaging may vary from that shown.
Personalised products. Some rings may be personalised to your specifications. You will be presented with options during the order process. Changes to the original specifications may be necessary to complete your request, and we will inform you of such changes before confirming your order.
Accuracy of measurements. Where a product is customised based on measurements you provide, you are responsible for ensuring their accuracy. Please refer to our size guide or contact our customer service team for assistance.
Please note that personalised or customised products may not be eligible for return unless they are defective. See our Refund Policy for more information.
Items that have been engraved or otherwise personalised are considered final sale and are not eligible for return, exchange, or refund, except where the product is proven to be faulty or not as described. By submitting an order for a personalised item, the customer acknowledges and accepts that such modifications render the product bespoke in nature, and therefore exempt from the standard rights of cancellation and return.
Graff reserves the right to refuse or cancel any personalisation request that is contrary to its policies, including but not limited to those that are inappropriate, offensive, or technically unfeasible due to the limitations of the product. In circumstances where personalisation cannot be fulfilled as requested, the customer will be notified, and an alternative solution or full refund may be offered at Graff's discretion.
This section is provided without prejudice to your statutory rights under Swiss law, in particular Articles 197 et seq. of the Swiss Code of Obligations and the Unfair Competition Act (“UCA”).
5. DELIVERY
Delivery costs. We use specialist partners to deliver our products. Delivery costs vary depending on the destination and the items ordered. The applicable delivery costs will be clearly indicated during the checkout process. You can find more information on delivery costs and timelines here.
Delivery times. We will deliver your order by the estimated delivery date indicated in your order confirmation email, unless events outside our reasonable control prevent us from doing so. In such cases, we will inform you promptly and provide a new estimated delivery date. If the delay is substantial, you may cancel the contract and receive a full refund for products not received.
Pick-up. If you opt to collect your products at one of our stores, you may do so during the indicated business hours.
Missed deliveries and pickups. If no one is available at your address to accept the delivery, our delivery partner will leave instructions for redelivery or collection. If you do not arrange a redelivery or collection in a timely manner, and we are unable to contact you despite reasonable efforts, we may cancel the contract and refund you for the undelivered products.
Transfer of risk and ownership. Risk of loss or damage passes to you once the product is physically delivered to you or to a third party authorised by you. If you withdraw from the contract in accordance with these Terms, risk passes back to us when the product is returned—either at the time it is handed over to our authorised store personnel or delivery partner, or when we receive it at our premises if you return it independently.
Ownership of the products passes to you upon receipt of full payment, including in cleared funds in case of bank transfer.
Nothing in this section limits your rights under Swiss law, including Articles 97 et seq. and 185 CO.
6. YOUR RIGHTS TO END THE CONTRACT
Products that are faulty, damaged or non-conforming. If the product you have received is defective, damaged, or does not conform to the description, you are entitled under Swiss law to request either a price reduction or the cancellation of the contract and a full refund. This is in accordance with Articles 197 et seq. of the Swiss Code of Obligations. Please refer to Section 9 for further details on how to exercise this right.
Breach of contract by us. You are also entitled to end the contract if:
(a) we notify you of an error in the price or description of the product and you choose not to proceed; or
(b) we breach our obligations under these Terms or under applicable Swiss law.
To exercise your right to cancel the contract, you must notify us by contacting our Customer Services Team. Once we have received and acknowledged your notification, the contract will end immediately, and we will refund you for any products not supplied. You may also be entitled to damages if applicable.
Voluntary right of withdrawal. Without prejudice to your statutory rights, we offer you a voluntary right to withdraw from the contract within fourteen (14) days of receiving the product. You may return the product and receive a full refund, provided that the product is returned unused and in its original condition and packaging.
This voluntary withdrawal does not apply to:
- Products that have been customised or made to your specifications;
- Products sealed for hygiene reasons that have been unsealed after delivery
(e.g., earrings or piercing jewellery).
If your order was delivered in several shipments, the withdrawal period begins upon receipt of the final delivery. This voluntary right does not affect your legal warranty rights under Swiss law.
7. WITHDRAWAL / CANCELLATION TERMS
If you wish to cancel the contract in accordance with your rights under these Terms or as permitted by Swiss law, you must inform us of your decision to withdraw:
(a) In person at one of our stores;
(b) By phone, email, or message, by providing your name, address, order number, and if applicable, your telephone number and email address;
(c) Online, by filling in the dedicated form on our website;
(d) By post, by printing and sending the cancellation form to the address provided therein, or by writing to us with your details and order information.
Returning Products. If you are exercising your right to cancel the contract after receiving the product(s), you must return them to us in accordance with our Return Policy. You may return the products in-store or arrange for collection within fourteen (14) days of notifying us of your decision to withdraw.
You are responsible for taking reasonable care of the products until they are returned to us. Products must be returned in their original condition, complete with packaging and any accompanying items. We reserve the right to reduce the refund or claim compensation if products are returned damaged or used beyond what is acceptable in a retail setting.
Return Costs. If the cancellation results from a defect or our error, we will cover the costs of return or collection. In all other cases, you will be responsible for the return shipping costs.
Refunds. Where applicable, we will refund the full purchase price, including delivery costs, using the same payment method originally used. We may deduct an amount from your refund if the products have been handled in a way inconsistent with acceptable practice.
Refunds will be issued promptly and in any case:
- Within 14 days from the day we receive the returned product(s); or
- If we have agreed to collect the product(s), within 14 days of your notification of cancellation.
Please note that personalised or engraved items are final sale and cannot be returned or exchanged, unless the item is faulty or not as described. By placing an order for a customised product, you acknowledge that the item has been made specifically to your request and is therefore exempt from our standard returns policy.
8. OUR RIGHT TO SUSPEND/TERMINATE THE CONTRACT
Non-payment. We will not charge your payment method until the products are ready to be dispatched. If we are unable to process the payment at that time, we will suspend delivery and contact you to arrange an alternative method of payment.
If you fail to provide payment within a reasonable period after our request, or if payment is definitively refused, we reserve the right to terminate the contract in accordance with applicable Swiss law. In such a case, no products will be dispatched, and you will be notified accordingly.
9. WARRANTIES
How to contact us in case of a problem. If you have any questions or complaints regarding the product, please contact our Customer Service Team or visit one of our stores.
Your statutory rights. As a consumer in Switzerland, you are entitled to statutory warranty rights under the Swiss Code of Obligations. These Terms do not limit or exclude any of your legal rights.
Legal warranty. In accordance with Articles 197 et seq. of the Swiss Code of Obligations, all products offered on our website are covered by a legal warranty for material defects, including hidden defects. If a delivered product has a defect that existed at the time of transfer of risk, you may, depending on the circumstances, demand:
- a reduction in the purchase price;
- the cancellation of the sale (rescission); or
- compensation for the damage resulting from the defect.
The legal warranty period is two (2) years from the date of delivery, unless a longer period has been contractually agreed. If you identify a defect, you must notify us within a reasonable time after discovering it.
Returning defective products. If you exercise your statutory warranty rights, you must return the defective products to one of our stores or allow us to collect them. We will bear the return or collection costs. Please contact our Customer Service Team to obtain a return label or to organise collection.
10. PRICES AND PAYMENT
Prices including VAT. The price of the products, inclusive of applicable value-added tax (“VAT”), is the price indicated on the order summary page at the time you place your order. For deliveries in Switzerland, Swiss VAT is included in the total price, where applicable. If the applicable VAT rate changes between your order and the delivery date, we will adjust the VAT rate accordingly, unless you have already paid in full before the change takes effect.
Price errors. We take reasonable care to ensure that all product prices displayed on our website are accurate. However, in the event of a pricing error, and if the actual price is lower than the one stated, we will charge the lower price. If the actual price is higher, we will contact you to confirm whether you wish to proceed. If the discrepancy is material and clearly recognizable as an error, we reserve the right to cancel the order and refund you any amounts already paid. This is without prejudice to any rights you may have under Swiss contract law.
When and how to pay. Payment must be made at the time of order using one of the payment methods available on our website. Your payment method must be valid and authorised. We will not debit your payment method until the products are ready for dispatch. By submitting your order, you confirm that you are the authorised holder of the payment method used.
Discrepancies. If you believe there is an error on your invoice, order confirmation or dispatch note, please contact our Customer Service Team promptly.
11. LIMITATION OF LIABILITY
Nothing in these Terms and Conditions shall exclude or limit our liability where such exclusion or limitation is not permitted under Swiss law. This includes, in particular, liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of your mandatory rights as a consumer under Swiss contract law, including the right to receive products that are of satisfactory quality, match their description, and are suitable for their intended purpose;
(d) breach of legal warranties of conformity or hidden defects under Articles 197 et seq. of the Swiss Code of Obligations.
We shall not be liable for indirect or consequential losses or damages which were not foreseeable at the time of conclusion of the contract. A loss is considered foreseeable if it was an obvious consequence or was contemplated by both parties at the time the contract was entered into.
We supply products solely for private and personal use. If you use the products for any commercial or business purpose, we exclude any liability for loss of profit, loss of business, business interruption or loss of business opportunity, to the extent permitted by law.
Subject to the exclusions set out above, and to the extent permitted under Swiss law, our aggregate liability in contract, tort or otherwise shall be limited to the amount you paid for the product giving rise to the claim.
12. HOW WE USE YOUR PERSONAL INFORMATION
We will only use your personal information in accordance with our commitments to protect personal data and in compliance with the Swiss Federal Act on Data Protection (“FADP”).
Graff Diamonds SARL, as a foreign data controller offering goods and services to individuals in Switzerland and engaging in behavioural tracking, is subject to the Swiss data protection law. For more information about how we collect and process your personal data, including your rights under the FADP, please refer to our Privacy Policy.
We will use your personal information only in accordance with applicable data protection laws, including the Swiss Federal Act on Data Protection (“FADP”), and as described in our Privacy Policy.
For more information about how we collect, use, disclose and protect your personal data, as well as your rights under Swiss law, please refer to our Privacy Policy.
13. OTHER IMPORTANT TERMS
Amendments. We may amend these Terms from time to time, including to reflect changes in applicable laws. Any such changes will be published on our website with an updated effective date.
Assignment. We may assign or transfer our rights and obligations under these Terms, provided this does not reduce your consumer rights. You may not assign your rights or obligations without our prior written consent.
Third Party Rights. These Terms apply only between you and us. No third party shall have any rights under these Terms.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver. Any failure by us to enforce a provision of these Terms shall not constitute a waiver of such right.
Proof. The parties agree that the date and time of receipt by Graff of any email communications relating to orders or other matters under these Terms shall be considered legally binding.
Force Majeure. We shall not be held liable for any failure to perform or delay in the performance of our obligations under these Terms and Conditions, if such failure or delay results from circumstances beyond our reasonable control, and which make the performance of our obligations objectively impossible within the meaning of Article 119 of the Swiss Code of Obligations. Such circumstances may include, but are not limited to, natural disasters, war, acts of terrorism, epidemics or pandemics, governmental restrictions, strikes, labour disputes, transport disruptions, or failures in the supply of raw materials or energy. The occurrence of such events must not be attributable to us and must render performance temporarily or permanently impossible. If the impediment persists for a continuous period of more than three (3) months, you may terminate the contract by written notice. In such case, we will refund any amounts paid by you in accordance with the provisions of these Terms and Conditions.
Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with Swiss law, excluding its conflict of law rules. Any dispute arising in connection with these Terms shall be submitted to the competent courts at your place of residence in Switzerland, or at our registered office, at your choice, in accordance with Swiss procedural law.
Consumer Mediation. If no amicable resolution is reached, Swiss consumers may submit a complaint to the Swiss platform for consumer mediation https://www.mediationconsommateur.ch/ or initiate proceedings through the European Online Dispute Resolution platform: https://webgate.ec.europa.eu/odr/.
Effective date: June 2025