Transparency and fairness for a trusting customer relationship

General Terms and Conditions

1 SCOPE OF APPLICATION AND CONTRACTUAL PARTNERS

1.1 The business relationship between pferdepfluecker AG, Firststrasse 30b, 8835 Feusisberg, Switzerland (hereinafter "Seller") and the customer (hereinafter "Customer") for transactions in the online store based in Switzerland (https://www.brittadietsche.com; hereinafter "Online Store") and in pop-up stores, events, and in the showroom shall be governed by the following General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the respective order/purchase.

1.2 The customer can call up, save on his computer, and/or view the GTC via links in the online store when placing an order. It is the customer's responsibility, and is recommended by the seller, to print out the GTC (e.g., as a screen print or after copying the website GTC text). If jewelry is sold directly (i.e., in-person), the GTC can be provided in printed form at the customer's request.

1.3 The range of goods offered for direct sale and in the online store is aimed exclusively at consumers of legal age. For the purposes of this provision, a consumer is any natural person who concludes a contract for a non-commercial purpose that is intended for their private and/or family needs. Purchases of any kind for commercial purposes are prohibited. In particular, the commercial resale and distribution of goods ordered via the online store or by direct purchase is prohibited.

1.4 Other contractual terms and conditions, in particular those that the customer declares to be applicable together with the acceptance of the contract, shall only be valid if and insofar as they have been expressly accepted by the seller in writing.

1.5 The seller reserves the right to amend these GTC at any time.

2 CUSTOMER SERVICE

In the event of questions, requests or complaints, the customer can contact the seller's customer service:

By post: pferdepfluecker AG, Firststrasse 30b, 8835 Feusisberg, Switzerland
Telephone: +41 79 392 10 10
E-mail: support@brittadietsche.com

3 CONCLUSION OF CONTRACT

3.1 Direct sale or use of the online store is merely an invitation to the customer to submit offers to conclude a purchase contract for the goods presented.

3.2 A binding order is only triggered when the customer has entered all the data required for the execution of the contract, confirmed that they have read the GTC, and clicked on the "Order with obligation to pay" button ("Order"). Until this button is clicked, the customer can select products from the seller's range without obligation and place the products in the shopping cart using the "Add to cart" button. Before submitting the order, the customer can enter and change the order data by clicking the "Proceed to checkout" button. Sending the order is deemed to be an offer by the customer to the seller to conclude a contract.

3.3 After submitting the order, the customer receives an automatic order confirmation by e-mail, which reproduces the content of the customer's order. This automatic order confirmation does not constitute acceptance of the offer, but merely documents that the order has been received by the seller.

3.4 The seller reserves the right to accept the order, but the seller is not obliged to conclude a contract on the basis of an order. In particular, an order may be canceled or rejected if there is a violation of the GTC or if there is suspicion of such a violation. Such a case exists, for example, if a customer has not paid for a previous order or if a lack of credit card cover has been established for a previous order. Cancellation of the order and rejection of future orders are also possible if the product return rate for a customer is conspicuously high and does not improve despite appropriate information. Furthermore, orders may also be canceled if a customer is suspected of being a commercial buyer and the customer cannot refute this
suspicion. A rejection of future orders is possible in this context if it has become apparent that a customer is reselling the ordered goods commercially. The customer will be informed by e-mail of cancellations and rejections.

3.5 The contract shall only come into effect upon the seller's declaration of acceptance. The seller is entitled, but not obliged, to accept the customer's order within 7 days of receipt of the order by the seller. Acceptance is declared by the seller by sending the customer an order confirmation.

3.6 The above shall also apply if the customer has already paid or instructed payment of the purchase price prior to conclusion of the contract on the basis of the selected payment method. If the contract is not concluded in this case for any reason, the seller will inform the customer of this after checking the order, and the seller will refund the advance payment. If the contract is concluded for at least part of the ordered goods, the customer will be informed of this with the declaration of acceptance, i.e., the e-mail with the invoice and the order confirmation. In this case, the refund will be made to the extent of the undeliverable goods.

3.7 If the order includes several items, the contract is only concluded for those items that are expressly listed in the e-mail with the invoice and order confirmation.

3.8 The value per order of any kind (gross value of goods including VAT without any other costs; hereinafter "order value") may not exceed CHF 50,000. A maximum of 2 units of the same product may be ordered per order of any kind.

3.9 By placing an order in the online store, the customer automatically agrees to these GTC.

4 PRICES, SHIPPING AND DELIVERY

4.1 All prices quoted in the online store and in direct sales (pop-up, events, showroom) are inclusive of the statutory VAT in Switzerland. For customers based abroad, the following guidelines apply: the respective VAT and any customs duties must be borne / paid directly by the buyer. The seller shall inform the customer of any shipping costs and any additional costs (e.g., for an express order, gift wrapping) using the order form immediately before the order is placed.

4.2 The seller reserves the right to change the prices for the items offered at any time. The respective price at the time of the order shall apply.

4.3 Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. The seller shall inform the customer of the expected delivery period during the ordering process and/or in the e-mail with the invoice and order confirmation. Unless otherwise stated, the expected delivery period for standard shipping in Switzerland is 2 to 3 working days from the email containing the invoice and order confirmation. More detailed information on the shipping options, the transport companies used, and the delivery process
can be found on the information pages of the online store.

4.4 After the goods have been handed over to the transport company, the customer receives a shipping confirmation from the transport company by e-mail, which contains a tracking code that the customer can use to track the delivery.

4.5 An adult 21 years or older must be present at the designated shipping address to sign for your package. If you or another adult will not be present, we recommend you select the closest FedEx office (to hold for pick up) as your shipping address upon placing your order. If, for any reason, a package is either refused or returned to sender, it will be considered an automatic return, and the associated shipping expenses will be deducted from the refund.

4.6 After receipt of the e-mail with the invoice and order confirmation, the customer is obliged to accept the goods. Requests for changes and cancelation of orders can no longer be considered or will only be considered at the discretion of the seller and on a voluntary basis. The right of return in accordance with Clause 6 below remains reserved.

4.7 Upon delivery to the address specified by the customer, visible differences in quantity must be reported to the transport company immediately upon receipt of the goods.

4.8 If a delivery does not arrive at the customer's address despite confirmation of dispatch by the transport company, or if the customer does not receive a message from the transport company within 2 days of the order confirmation, the customer must contact the seller's customer service immediately (see Section 2 above).

4.9 For deliveries outside Switzerland (if offered), the customer bears all additional costs such as customs duties, taxes, and import fees.

4.10 The prices stated in the online store and during direct sales (pop-up stores, events, showroom) are created and published with the utmost care. In the event that a price error nevertheless occurs, the seller reserves the right to withdraw from the contract. The customer will be informed immediately in such a case.

5 PRESENTATION OF GOODS, DELIVERY TIME, AVAILABILITY

5.1 Images of goods in advertising, brochures, the online store, etc. are for illustrative purposes only and are non-binding. The same applies to details of the individual goods, as these are for information purposes only. Only the information provided by the manufacturer is authoritative (e.g., regarding the manufacturer's warranty). The seller reserves the right to change the goods listed in the online store and in direct sales at any time and without prior notice, and to limit the number of items that can be purchased by a customer.

5.2 Certain goods shown in the online store cannot be ordered and purchased directly via the online store. This will be made clear in the relevant product information. An inquiry form is available to the customer for these goods in the online store.

5.3 All information in the online store regarding the availability and delivery time of goods is without guarantee. Since each diamond (diamond jewelry) has a unique color, there may be slight color differences between the diamonds shown in the online store. This natural variation in color is proof of the individuality of each diamond. This difference/deviation in color cannot be claimed as a defect.

5.4 If the seller is unable to meet a delivery deadline for reasons outside of the sellers control (e.g., unavailability of goods, force majeure events), the seller shall inform the customer of this immediately, stating the new expected delivery deadline if applicable. If the new delivery period is not acceptable to the customer, or if the goods are no longer available in part or at all within the new delivery period, both contracting parties shall be entitled to withdraw from the contract with regard to the goods in question. In this case, the seller shall immediately reimburse the customer for any payment already provided by the customer with regard to the unavailable goods.

5.5 Delivery shall be subject to timely and proper delivery by the seller and transport company. In the event of force majeure (including, but not restricted to, strikes and other labor disputes, riots, war, pandemics, natural disasters) or a delivery block by the manufacturer, transport company, or any other third party involved in the delivery process, a delay in delivery cannot be asserted. The seller cannot be held liable for any delay in delivery caused by manufacturers or third parties.

5.6 The goods are available while stocks last. In exceptional cases, errors or corrections may occur, in particular if several customers order the same goods at the same time. The seller is not liable for lack of stock or unavailability of goods.

5.7 If some ordered goods are not in stock, the seller is entitled to make partial deliveries. The customer is entitled to withdraw from the contract should it become apparent after conclusion of the contract that goods cannot be delivered either in part or in full for reasons for which the seller is not responsible.

6 RIGHT OF WITHDRAWAL

The seller grants the customer a contractual right of withdrawal in accordance with the following provision: the seller voluntarily grants the customer a contractual right of return. A return must be made within 7 calendar days from the day on which the customer takes possession of the ordered goods from the transport company. It is recommended, but not mandatory, to notify the seller's customer service (see section 2 above) before returning the goods. In this case, the handover date of the goods from the customer to the transport company shall be decisive for compliance with the return period. Excluded from the right of return (but not from warranty claims) are any goods that are not prefabricated and are manufactured following individual selection or specific instructions from the customer, which
are clearly tailored to the personal needs of the customer. This applies, for example, to unique engravings or custom modifications to the goods.

Goods must be returned to the following address:

pferdepfluecker AG
Firststrasse 30b
CH-8834 Feusisberg

The goods must be returned new and unused.

The goods must be returned in their original packaging with all protective materials, tags, and
labels attached to the products and with all additional accessories or replacement materials supplied.

Jewelry on which the security seal has been removed or damaged is excluded from the right of return. Only jewelry with an unbroken and undamaged security seal can be returned.

If the return is not made in accordance with these specifications, the seller is entitled to
offset the corresponding material value of the non-returned items against the refund to be paid to the customer. Offsetting shall also take place if the goods are damaged during return transportation due to the customer's fault.

The seller shall bear the costs of returning the goods if the customer uses the prepaid return
label enclosed with the delivery. Otherwise, the customer shall bear the direct costs of returning the goods and the liability/insurance for the package itself. The prepaid returns label must also be used for reasons of insurance and liability. If the customer does not use the prepaid returns label, the customer shall be liable for the full value of the returned goods.

In this context, the seller is not responsible for loss, damage, shipment to an incorrect address, or for delivery delays in the return shipment.

The customer is responsible for insuring the goods during transportation if the return label is not used. The purchase price (minus additional delivery and shipping costs) will be refunded to the customer. The refund will be made using the same payment method used by the customer when placing the order, unless expressly agreed otherwise with the customer. The refund is the only service provided by the seller in the event of a return. An exchange of the goods is excluded. The refund will only be made after the returned goods have been received by the seller and have undergone a quality check. During the quality check, the seller shall decide at his own discretion whether the goods are “as good as new” or whether a loss in value has occurred which is to be deducted from the refund accordingly.

Worn pieces of jewelry can only be accepted if they have only been worn to try them on, are in perfect condition, and still bear the unbroken security label with which they were sent.

Jewelry items for which individual measurements were taken in a pop-up store or at an event cannot be returned.

7 RETENTION OF TITLE

Until full payment of the invoice amount for an order has been received and accepted by the seller (i.e., final and unconditional crediting of the total purchase price), the seller retains ownership of the delivered goods. In the case of customers domiciled in Switzerland, the seller is entitled to make a corresponding entry in the retention of title register.

8 PAYMENT METHODS

For orders in the online store and during direct sales, the customer has the payment options specified there. Further information can be found under Service Payment.

9 ASSIGNMENT

The seller reserves the right to assign or pledge to third parties the purchase price claims due from the customer in connection with the supply of goods, including any installments due, default interest, and reminder fees.

10 TRANSFER OF BENEFITS AND RISKS

10.1 The seller's actions are a debt to be discharged at the creditor's domicile and is fulfilled when the goods are handed over to the transport company. After the goods have been passed from the seller to the transport company, the risk of accidental deterioration and accidental loss of the goods shall pass to the customer. The seller shall not be liable for any
fault on the part of the transport company used.

10.2 The transfer of risk shall not be affected by the seller's assumption of transportation costs agreed in individual cases.

11 OBLIGATION TO INSPECT AND GIVE NOTICE OF DEFECTS, WARRANTY

11.1 Deviations in quality, color, size, equipment, or design of the goods that are customary in the trade or technically unavoidable and caused by the material itself do not constitute defects.

11.2 The customer is obliged to inspect the delivered goods as soon as it is feasible to do so in the ordinary course of business, and to notify the seller's customer service (see section 2 above) immediately of any defects detected. If the customer fails to do so, the goods shall be deemed to have been approved. Approval shall in any case be deemed to have been given unless the customer notifies the seller's customer service by e-mail within 5 days of delivery.

11.3 Defects that were not recognizable during proper inspection in accordance with the above must be reported to the seller’s customer service (see section 2 above) immediately after discovery, otherwise the ordered goods shall also be deemed approved with regard to these defects.

11.4 Before returning the goods, the customer must contact the seller’s customer service (see Section 2 above). This notification can be made at the same time as the notice of defects (see clauses 11.2 and 11.3 above). Customer service will inform the customer how to proceed. The defective goods may only be returned after this notification. The transportation costs incurred for any return shipment shall be borne by the seller. Goods returned by the customer shall become the property of the seller again if the warranty is provided by means of a replacement delivery.

11.5 The seller shall provide a warranty by rectifying defects. This is done at the discretion of the seller either by subsequent action (e.g., elimination of a defect - rectification) or by delivery of a defect-free item (replacement delivery). If neither the subsequent action nor a replacement delivery are possible, the warranty shall consist of rescission.

11.6 If the subsequent action fails, the customer is entitled to withdraw from the contract. This does not apply in the case of insignificant defects. A right to a price reduction is excluded. This exclusion of liability also extends to all claims that compete with the warranty rights, be it those arising from contract (Art. 97 ff. CO), tort (Art. 41 ff. CO), or rescission of the contract due to error (Art. 23 ff. CO) etc.

11.7 The seller is not obliged to provide a warranty if the customer or a third party does not follow the operating or maintenance instructions for the goods, makes changes, replaces parts, or uses consumables that do not correspond to the original specifications, without the prior consent of the seller. The same applies to defects caused by improper use, storage and handling of goods or tampering or opening of the goods. A warranty for normal wear and tear is excluded.

11.8 The customer shall not receive any guarantees in the legal sense. Manufacturer warranties remain unaffected by this. The seller assumes no liability for the descriptions of third parties, in particular other customers in the context of the customer reviews published in the online store or on our social media presence.

11.9 The above restrictions and shortened time limits do not apply to claims based on damage caused by the seller, its legal representatives or vicarious agents, in the event of injury to life, limb or health, or in the event of intentional or grossly negligent breach of duty, as well as fraudulent intent within the scope of a guarantee promise, insofar as the scope of application of the Product Liability Act is opened.

11.10 Mechanical damage to the jewelry/goods after purchase is not covered by the warranty.

12 TRANSPORT DAMAGES

If goods are delivered with obvious transport damage, the customer must immediately report such defects to the transport company and contact the seller immediately. Failure to make a complaint or contact the seller shall have no consequences for the statutory claims and their enforcement, in particular the warranty rights (see, however, the obligation to give notice of defects in good time in Sections 11.2 and 11.3). However, the customer shall help the seller to
assert its own claims against the transport company or transport insurance company.

13 LIABILITY

13.1 The seller's liability for slight negligence is excluded. Liability for auxiliary persons is completely excluded.

13.2 In particular, the seller shall not be liable for damage attributable to any of the following causes: (i) improper, non-contractual or unlawful storage, adjustment or use of the goods, (ii) use of incompatible spare parts or accessories, (iii) failure to maintain and/or improper modification or repair of the goods by the customer or a third party, (iv) force majeure, in
particular damage caused by the elements, moisture, falling and impact etc., for which the seller is not responsible, and official orders.

14 DATA PROTECTION

The collection and processing of personal data about the customer by the seller is explained in the privacy policy. This forms an integral part of these GTC. The privacy policy can be accessed under Privacy Policy.

15 INTELLECTUAL PROPERTY

All texts, graphics, and designs of the jewelry presented on the website and all subpages of brittadietsche.com are and remain the exclusive intellectual property of pferdepfluecker AG. This includes copyrights, trademark rights, and all other forms of intellectual property. The sale of our jewelry does not imply any transfer of these rights. Any use, reproduction, imitation or other exploitation of the texts and designs without the express written permission of pferdepfluecker AG is strictly prohibited and will be prosecuted.

16 APPLICABLE LAW AND JURISDICTION

Swiss law shall apply exclusively. This choice of law shall only apply to customers to the extent that the consumer/customer is not deprived of the protection afforded to them by the mandatory consumer protection provisions of the country in which the customer has habitual residence. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Any disputes arising from or in connection with these GTC shall be subject to the jurisdiction of the competent court in Schwyz.