Terms and Conditions of Use

Introduction. This page provides information about who we are and the legal terms and conditions (“Terms”) under which you may access and make use of our website www.graff.com (the “Site”), as a user located in Switzerland.

These Terms set out who we are, the conditions under which we make the Site available to you, the permitted and prohibited uses of the Site, and legal disclaimers and limitations of liability that apply when you access or use our Site.

Application of these Terms. Please read these Terms carefully before using our Site. By accessing or using our Site, you confirm that you have read, understood and agreed to be legally bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site.

We recommend that you print or save a copy of these Terms for future reference.

Other terms that apply. These Terms refer to the following additional policies, which also apply to your use of our Site:

(a) Our Privacy Policy, which explains how we collect and use your personal data, in accordance with the Swiss Federal Act on Data Protection (“FADP”).

(b) Our Cookie Policy, which sets out how we use cookies and similar technologies.

Please note that these Terms apply exclusively to the access and use of our Site. They do not govern the purchase of products or services, which are subject to our separate Terms and Conditions of Sale.

1. INFORMATION ABOUT US AND HOW TO CONTACT US

Who we are. The Site is published by Graff Diamonds SARL (hereinafter “Graff”, “we”, “our” or “us”), a company registered in England and Wales under company number 0678883, with its principal commercial address at 28–29 Albemarle Street, London, W1S 4JA, United Kingdom, and its operational address in the EU at 237 Rue Saint-Honoré, 75001 Paris, France.

Our registered VAT number is GB 232-320-025.

To find out more about Maison Graff and our history, please visit the “The House” section of the Site.

Contacting us. You can contact us by contacting our Customer Services Tea Team. They can be reached by email at clientservices.eu@graff.com or by telephone+33 1 83 75 54 55.

For data protection queries, please refer to our Privacy Policy.

2. ACCESSING OUR SITE

Availability of the Site. Access to our Site is permitted on a temporary basis, and we do not guarantee that the Site or any content on it will always be available or uninterrupted. We reserve the right to suspend, withdraw or restrict the availability of all or any part of the Site at any time for operational, technical or legal reasons. Where reasonably possible, we will notify users in advance of any planned suspension or unavailability.

Acceptable use. You are responsible for ensuring that all persons accessing our Site through your internet connection comply with these Terms. We reserve the right to suspend or limit your access to the Site, without liability, in the event of misuse or breach of these Terms or applicable law (including Swiss law).

Technical requirements. You are responsible for ensuring that your device, software and internet connection are secure and free from malware that could impair your ability to access or use the Site. We are not liable for any incompatibility or technical failure beyond our reasonable control.

3. USERS OUTSIDE EUROPEAN UNION

These Terms apply to use of the Site by individuals accessing it from Switzerland. We do not guarantee that the content available on or via our Site is appropriate or lawful for use outside of Switzerland.  

If you reside outside Switzerland, please consult our global directory on our Contact Us page or contact our Customer Services Team, who will direct you to the appropriate version of our website.  

Nothing on this Site constitutes a solicitation or offer to provide goods or services to individuals in jurisdictions where such access or activity would be unlawful or subject to regulatory restrictions.

4. CHANGES TO OUR SITE

We reserve the right to modify, update, suspend or discontinue the content or functionality of this Site at any time, without prior notice, for legal, technical, or commercial reasons.  

However, we make no commitment to update the Site continuously or to ensure that all information is current or error-free. We recommend checking the Site regularly for changes.

5. YOUR RELIANCE ON OUR CONTENT

We use all reasonable efforts to ensure that the information published on the Site is accurate, complete, and up to date. However, we make no warranties, express or implied, that the content is error-free, complete, or current.

Due to technical and photographic limitations, some products displayed on the Site may appear larger or smaller than their actual size. Colours may also differ depending on your screen settings. Please refer to our Terms and Conditions of Sale for more information.

We are not responsible for third-party content published on our Site or for any content published by users, such as comments, reviews, or other contributions. In accordance with Article 17 of the Swiss Federal Act on Electronic Media (“LEMed”), and the general principles of Swiss liability law, we shall only be liable for third-party content if we fail to remove or disable access to it promptly after becoming aware of its unlawful nature.

6. YOUR ACCOUNT DETAILS

Protect your data. If you create an account on our Site, you are responsible for maintaining the confidentiality of your login credentials (such as your username and password) and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account or password.

Entering your username and password will be considered evidence of your identity and of the acts carried out on the Site, in accordance with the provisions of Article 14 of the Swiss Federal Act on Electronic Signatures (“ZertES”). Such acts constitute an electronic signature, which has the same legal effect as a handwritten signature under Swiss law.

We reserve the right to suspend or terminate your account if we reasonably believe that you have failed to comply with any provision of these Terms or applicable laws.

If you suspect that your account credentials have been compromised or misused, you must notify us immediately at clientservices.eu@graff.com.

7. VIRUSES, HACKING AND CORRECT USE OF THE SITE

Security of our Site. While we implement reasonable technical and organisational measures to secure our Site and ensure its proper functioning, we do not guarantee that our Site will be secure or free from bugs, malware or viruses. You are responsible for configuring your own information technology, systems and virus protection software to access and use our Site.

We shall not be liable for any loss or damage caused by malware, denial-of-service attacks, or other technologically harmful material that may affect your device or data as a result of your use of our Site or from downloading content from it or any website linked to it.

Prohibited Activities. You must not misuse our Site by knowingly introducing malware or any other material that is malicious or technologically harmful. In particular, you may not:

- Engage in spidering, scraping, harvesting or other automated data extraction;

- Attempt to gain unauthorised access to any part of our Site or connected systems;

- Use our Site to transmit unsolicited communications or advertising (spam);

- Interfere with the normal operation of our Site or its infrastructure;

- Use our Site in a way that infringes on intellectual property or violates the rights of others;

- Use our Site for any unlawful or fraudulent purpose, including harm to minors;

- Conduct or facilitate denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks;

- Attempt to reverse engineer, modify or circumvent security features of the Site.

You may only use our Site for lawful purposes and in accordance with applicable Swiss law. Any misuse may result in suspension of access and legal action.

8. SUSPENSION AND TERMINATION

We reserve the right to determine, at our reasonable discretion, whether there has been a breach of these Terms in connection with your use of our Site.

Termination of Access. If we determine that you have breached these Terms, we may suspend or permanently terminate your right to access and use our Site with immediate effect. This decision will be proportionate to the nature and severity of the breach.

Additional Measures. A failure to comply with the prohibitions outlined in Section 7 constitutes a material breach of these Terms. In such cases, we may take one or more of the following actions:

(a) Immediate, temporary or permanent removal of any content you uploaded to our Site;

(b) Issuance of a formal warning;

(c) Initiation of legal proceedings to seek compensation for any direct losses, including reasonable administrative and legal costs;

(d) Pursuit of further civil or criminal legal remedies under applicable Swiss law;

(e) Reporting the breach and disclosing relevant information to competent law enforcement or regulatory authorities.

These actions are non-exhaustive, and we may take any other measures we reasonably consider necessary.

Exclusion of Liability. To the fullest extent permitted by Swiss law, we exclude liability for any consequences resulting from the measures taken in response to a breach of these Terms.

9. LINKING TO OUR SITE

You may link to the home page of our Site, provided that you do so in a manner that is fair, lawful, and does not harm our reputation or seek to take unfair advantage of it. You must not establish a link in such a way as to imply any form of association, approval, or endorsement on our part where none exists.

You must not establish a link from any website that is not owned or lawfully controlled by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page, unless you have obtained our prior written consent.

We reserve the right to withdraw linking permission at any time without notice, especially if the linking website does not comply with applicable legal or ethical standards.

The website from which you are linking must not contain any content that is unlawful, offensive, or inappropriate under applicable Swiss law.

If you wish to make any use of content from our Site beyond what is expressly permitted above, please contact us at clientservices.eu@graff.com. 

10. INTELLECTUAL PROPERTY

Our rights. We are the owner or the licensee of all intellectual property rights on our Site, and in all content published on it, including but not limited to text, graphics, photographs, audio, video, logos, artwork, data, computer code, and the general design, structure, and arrangement of the Site. Trademarks, logos and service marks displayed on the Site are protected under national and international intellectual property laws and are either owned by Graff Diamonds or used under licence.

Your rights. Access to the Site does not grant you any ownership rights or licences to use any intellectual property contained on the Site. Any reproduction, representation, modification, transmission, republication, display, or exploitation, in whole or in part, of the Site or its content is strictly prohibited without our express prior written consent.

No commercial use. You may not use any part of the content on our Site for commercial purposes without obtaining a licence from us or our licensors. You may, however, share links to our Site or refer others to its content for private, non-commercial purposes, provided that such use remains lawful and does not misrepresent our brand or breach these Terms.

No alterations. You may not modify, translate, adapt, reverse engineer, decompile, or disassemble any part of the Site or its content. You must not use illustrations, photographs, videos, or other media separately from the accompanying text or context in which it appears.

Consequences of breach. Any unauthorised use of our intellectual property rights constitutes an infringement and may lead to legal action under Swiss law. If you breach any provision of this section, your right to use our Site will terminate immediately, and you must, at our discretion, return or destroy any copies you have made of the materials.

11. OUR LIABILITY

Liabilities not excluded. Nothing in these Terms excludes or limits our liability where such exclusion or limitation would be contrary to applicable Swiss law. In particular, we do not exclude or limit liability for:

(a) death or personal injury resulting from our wilful misconduct or gross negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any other liability that cannot be lawfully excluded under Swiss contract or tort law.

Liabilities related to product purchases. If you purchase products from our Site, please refer to our Terms and Conditions of Sale for the specific rules that govern liability in connection with product purchases. These Terms do not apply to those aspects.

Personal and private use. Our Site is intended for private and personal use only. If you use our Site for commercial or professional purposes, we shall not be liable for any loss of profit, business interruption, or loss of business opportunities or goodwill.

Limitation of liability. To the fullest extent permitted by Swiss law, we shall not be liable for any indirect or consequential damages, or for any loss or damage that was not foreseeable at the time of conclusion of the contract between you and us in connection with your use of the Site, your inability to use the Site, or reliance on any content available on the Site or on any linked website.

12. INFORMATION ABOUT YOU AND YOUR BROWSE ON OUR SITE

We will only use your personal data in accordance with our Privacy Policy, which complies with the Swiss Federal Act on Data Protection (“FADP”) and, where applicable, the EU General Data Protection Regulation (“GDPR”).

Please refer to our Privacy Policy, which for detailed information about the personal data we collect, the purposes of processing, your rights under Swiss law, and how you may exercise them.

13. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Graff and its affiliates, including their respective directors, officers, employees and agents, from and against any claim, demand, liability, damages, loss or expenses (including reasonable legal fees), arising out of or in connection with: (i) your use of our Site in breach of these Terms or applicable law; or (ii) any unlawful or unauthorised installation, transmission, or posting of content by you.

Nothing in this clause shall exclude or limit any mandatory rights or obligations under applicable Swiss law. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you. You agree to fully cooperate with us in the defence of any such claim.

14. OTHER IMPORTANT TERMS

Changes to these Terms. We may revise these Terms at any time without notice. Such changes will become effective immediately upon posting on our Site. Your continued use of our Site following such posting will constitute your acceptance of the amended Terms. We recommend that you regularly consult these Terms, including before each use of our Site.

Assignment and Transfer. We may assign or transfer our rights and obligations under these Terms to a third party. In such a case, we will inform you in a manner that preserves your legitimate interests. You may not assign or transfer your rights without our prior written consent.

Third Party Rights. These Terms are entered into exclusively between you and us. No third party shall have any rights under these Terms, unless provided by mandatory provisions of Swiss law.

Independence. Each clause of these Terms is severable. If any provision is found to be invalid, illegal, or unenforceable under applicable Swiss law, the remaining provisions shall remain in full force and effect.

Waiver. The failure or delay by us in exercising any right or remedy under these Terms shall not constitute a waiver of such right or remedy.

Jurisdiction and applicable law. These Terms shall be governed by and construed in accordance with the substantive laws of Switzerland, to the exclusion of its conflict of laws rules and international treaties such as the United Nations Convention on Contracts for the International Sale of Goods (“CISG”). The courts of the Canton of Geneva shall have exclusive jurisdiction over any disputes arising from or in connection with these Terms.

15. CONTACT US

If you have any questions or concerns regarding material that appears on our Site, or if you require assistance in relation to the Terms, please contact our Customer Services team at:

- clientservices.eu@graff.com 

- +33 1 83 75 54 55

You may also contact us by post at our Swiss correspondence address if one is made available on the Site.

Thank you for visiting our Site.

Effective date: June 2025