Privacy Policy

1. General

1.1 The following General Sales and Purchase Terms (hereafter “General Terms”) apply to the relationship between the user (hereafter “client”) of www.byshanasa.com, the internet website for the specialised sale of jewelry, and affordable luxury goods (hereafter the “site”), and the operator of the Site, BY SHANASA Sàrl, chemin Delay 7, 1214 Vernier, Switzerland (hereafter the “seller”").

1.2 The General Terms express all rights and obligations of the seller and the client, and the client accepts without any reservation the rights and obligations provided in these General Terms specified with any order placed on the Site.

1.3 The General Terms enter into effect when the client places an order and remains in force until such time as the Parties have executed their respective obligations, at the latest until the end of guarantees made by the Seller.

The seller collects information through the site concerning the client that are necessary to process orders, according to the Federal Law on Data Protection of 19 June 1992.

1.4 Any order placed by a client on the site presupposes acceptance of the General Terms.

2.1 Each product offered for sale and purchase on the site (hereafter the “product(s)”) features a description that reveals certain product details. This description is offered as guidance and can be modified by the seller without notice. Products shown are valid only within the limits of available quantities.

2.2 The seller does not assure or guarantee that the products conform to their illustration as seen through photographs or other visual supports posted on the site, especially in terms of shape, colour and dimension.

2.3 Product prices are in Swiss francs; VAT is included, as well as shipping, customs clearance and insurance charges for delivery to the client’s address in Switzerland and in Euros for the countries in Europe as per article 4.1. For deliveries outside of Switzerland and for countries in Europe as per article 4.1 different rates apply. Additional fees will be charged (VAT, transport, insurance, etc.) according to estimates made only under prior agreement between the client and the seller.

3. Orders

3.1 To order a product, the client must create a personal account on the site. Access to the account is via a user name and password, which are automatically generated by the site for each client and which can subsequently be modified by the client anytime a personal account is accessed. The client is responsible for safeguarding his/her user name and password and for not divulging these to third parties. The client will be held accountable for any damages incurred by the seller in the case of user name and password misuse.

The seller treats all information received needed to process the order in the utmost confidentiality.

3.2 Products are ordered by the client via an interface on the site. The client is responsible for the accuracy of the data entered on this interface. In the event of incorrect data entry by the client, the seller will remain free of any liability and the client held accountable for any damage incurred by the seller.

3.3 The client is bound by the order for thirty (30) days after its transmission to the seller via the site interface; the date on the order acknowledgement sent to the client’s email address applies. The order acknowledgement as per Article 3.3 is not equivalent to the order confirmation by the seller as per Article 3.5.

3.4 For each jewelry item sold on the site, the seller shall issue a certificate confirming the insurance purchasing day of that product value. This certificate shall be drawn out please by Seller and does not constitute a certificate within the meaning of Ordnance on the international trade in rough diamonds and a certificate of authenticity or quality of diamonds or sold by Seller.

However for all jewelry with a diamond over 0.5 ct, a certificate of authenticity (HRD, GIA or IGI) will be sent under separate cover. Costs incurred for the preparation of the certificate shall be borne by the seller.

3.5 Payment in full for the product(s) is due at transmission of the order to the seller, and can be made via credit card (Visa, MasterCard and other accepted cards) using the site interface. Payment is also possible via bank transfer.

Prices are indicated in Swiss francs and Euros and are valid on the date of the order by the client. The payment for the order must be made in full at time of order and cannot be considered as down payment or deposit.

3.6 All product orders are subject to seller acceptance via an order confirmation sent to the client’s email address. This order confirmation is a separate email from that related to the order acknowledgement mentioned under Article 3.3. The seller reserves the right to refuse an order if payment for the product(s) associated with this order or payment for a past order has not been made, the product is unavailable or out of stock, or doubts prevail about the client’s profile or the authenticity of the order.

3.7 In cases where the ordered product is unavailable, especially because of our suppliers, the client will be informed as early as possible and will be able to cancel the order. The client will have the option of requesting either a refund of amounts paid within 30 days, or exchange the product up to the amount paid for said product.

4. Delivery and risk transfer

4.1 Orders placed on the Site are delivered in Switzerland and in Europe (Andorra, Austria, Belgium, Denmark, Finland, France, Ireland, Great Britain , Greece, Italy , Luxembourg, Monaco , Norway, Netherlands , Portugal, Sweden ) . For all other countries by agreement between the Seller and Customer abroad.

4.2 The seller commits to selecting a road haulier who will deliver, or arrange to deliver, the client’s purchase to the client’s address indicated on the order. The client is accountable for the accuracy of the shipping details entered on the site interface. If the client enters incorrect shipping details, the seller will be free of any responsibility and the client will be held responsible for any damage incurred by the seller.

4.3 Shipping costs and all taxes related to the sale of products to a client outside of Switzerland will be covered in their entirety by the client. Any additional costs billed by the haulier to the seller, and which are due to the client’s failure to comply with the General Terms listed here, will also be borne by the client.

4.4 The seller will bear the risk of product loss or deterioration as soon as the product is handed over to the haulier commissioned by the seller.

         All products are insured during transport to the delivery address provided by the client at the time of the order on the site.

4.5 Delivery dates indicated on the site reflect the time required to process the order as well as that needed by the haulier appointed by the seller to deliver the products to the address indicated by the client. These delivery dates are for guidance only and are not binding for the seller or the haulier appointed by the seller.

4.6 The client undertakes to take delivery of the product during regular business hours at the shipping address indicated in the order. If the client orders several products, the seller has the right to deliver them separately or together, with the longest delivery deadline applicable for all products.

4.7 The client must express to the seller, within 24 hours of delivery, by email to info@byshanasa.com, any error and / or non-conformity of goods in kind in relation to the order. Any claims made after this time will be considered null and void.

5. Limited Warranty

5.1 On taking delivery, the client commits to checking the product and notifying the seller within 24 hours by email at info@byshanasa.comof any defect, or, if the defect is not immediately visible despite a thorough inspection, within 48 hours of the delivery to the client. A defect is defined exclusively as: (i) the absence of a quality feature conveyed by the product description found on the site and which existed prior to delivery of the product to the client, or (ii) a fault affecting the property rights or the intellectual property rights concerning the sold product. The following does not constitute a defect: the non-conformity of the product to site illustrations, whether photographs or other visual supports; the impossibility to use the product for a specific usage or under any specific conditions known to the seller or brought to the seller’s attention.

5.2 In the event of a product defect, the client’s rights are limited to the refund of the paid price. The product must be returned, at the client’s expense, in its original package by registered mail to By Shanasa Sàrl, 7, chemin Delay, 1214 VERNIER, or to any other person designated by the seller or by an enforceable ruling or administrative order.

5.3. Products can only be returned with their original packaging complete and intact. They should not have been unsealed, damaged or worn.

5.4 The rights listed under Article 5.1 are the only ones available to the client in the case of a product defect. To the extent permitted by law, all other rights are excluded by the General Terms, in particular the right to demand a discount or exchange, or the right to claim damages.

5.5. Any claims not made in the rules defined above and within the time limits listed above will not be taken into account and thereby releases the seller from any liability with the client.

6. Various

6.1 Client and seller relationships are governed by Swiss law. The application of the rules of private international law as foreseen by Swiss law, as well as the provisions of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980, are both excluded.

6.2 All litigation between the client and the seller will be settled at the courts in Geneva, Switzerland, subject to appeal before the Federal Tribunal.

6.3 The invalidity or unenforceability for any reason of any clause or part of a clause of the current General Terms will not affect the validity or enforceability of the other clauses.

6.4 Any modification of the rights and obligations associated with the General Terms must be in writing and signed by the client and the seller.

6.5 Under the current General Terms, any notification by one party to the other must be sent to the other party using the address indicated in the seller’s formal order confirmation, or to any other address indicated subsequently by one party to the other; such notification will be considered valid if received no later than ten (10) calendar days after its despatch at a post office or courier service.

6.6 Neither party will have failed in their contractual obligations if their execution is delayed, hindered or prevented by a fortuitous event or force majeure. A fortuitous event or force majeure includes any fact or circumstance that is overwhelming and outside of the parties’ influence, that is unpredictable, inevitable and independent of the parties’ willpower, and therefore cannot be prevented by these parties despite their most reasonable efforts. The party affected by such circumstances will notify the other no later than 5 days after being affected. Unless force majeure prevents them from doing so, the two parties will come together within 10 days to examine the event and agree on the terms and conditions for completion of the contract. If force majeure persists for more than 30 days, the order will automatically be cancelled, unless otherwise agreed upon by the parties. Besides those usually considered as such by the law, acts of God or fortuitous events also include: the blockage of transportation and supply means, earthquakes, fires, storms, floods, lightening strikes; disruption or shutdown of the communications networks external to clients.

byshanasa.com