Messika Switzerland Website Terms of Sale - Luxury Jewelry

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MESSIKA GROUP GENERAL TERMS AND CONDITIONS FOR ONLINE SALES

Version of 04/11/2026


These online terms and conditions of sale (the “Terms and Conditions”) are issued by MESSIKA GROUP, a company incorporated under French law with share capital of EUR 1,151,400, having its registered office at 44, avenue des Champs Elysées, 75008 Paris, France, registered with the Paris Trade and Companies Register under number 301 293 999 (“MESSIKA”). MESSIKA designs, markets and sells jewelry and high jewelry items under the MESSIKA brand (the “Brand”).

MESSIKA’S contact details are as follows:

Telephone: +33 1 78 42 12 32

Email:conciergerie@messikagroup.com

Article 1: Scope of Application

These Terms and Conditions apply to any purchase made on the Swiss extension of the website www.messika.com (the “Website”) by a consumer or a non-professional within the meaning of applicable laws and regulations (the “Customer”), for delivery within Switzerland.

The Website offers a selection of products (the “Products”).

Any purchase of Products made on the Website is subject to the Customer’s full and unconditional acceptance of these Terms and Conditions.

The Customer is reminded that these Terms and Conditions are available at all times on the Website and are submitted to the Customer for acceptance before any purchase is completed. The Customer is responsible for carefully reading and accepting them without reservation before confirming the purchase of the Products.

The Customer’s acceptance is given by ticking the relevant checkbox, which is a necessary step before the order can be confirmed. By ticking such checkbox, the Customer expressly acknowledges that they have read and accepted these Terms and Conditions without reservation.

These Terms and Conditions are made available on the Website in a format that enables the Customer to save and reproduce them, including by downloading or printing them.

MESSIKA reserves the right to amend these Terms and Conditions at any time, it being specified that the Terms and Conditions applicable to an order are those accepted by the Customer at the time the order is placed.

Article 2: Product Information

GOLD: MESSIKA Products are made of 18-carat gold, corresponding to 750/1000 fineness.

DIAMONDS: MESSIKA only buys diamonds from legitimate conflict-free sources in compliance with United Nations resolutions. Based on its knowledge and/or written guarantees from the suppliers of these diamonds, MESSIKA hereby guarantees that the diamonds were not sourced in conflict zones.

Unless otherwise stated on the relevant Website product page, the weight of precious materials (gold and platinum), the number of stones and their carat weight are based on a size 52 for a ring or a size 17 for a bracelet. These measurements may vary for other sizes.

Although MESSIKA takes care in presenting the Products on the Website, MESSIKA cannot guarantee that their actual appearance will correspond exactly to their appearance on screen. In particular, colour variations may occur due to the technical limitations of colour rendering on computer equipment. MESSIKA shall not be liable for any non-material errors resulting therefrom.

MESSIKA reserves the right to modify at any time the list of Products offered for sale on the Website, without prejudice to any orders already placed by the Customer.

MESSIKA reserves the right to refuse any order placed on the Website for more than five (5) Products in total, whether as part of a single purchase transaction or concurrent purchase transactions. In such case, the purchaser may be deemed to be acting for commercial or professional purposes.

Only Products displaying an “Add to Bag” button are offered for sale on the Website.

For any question regarding the Products, or for any further information or advice, the Customer may contact MESSIKA customer service advisers directly by email at conciergerie@messikagroup.com, or by the other means described in the “Contact” section located at the bottom of the Website.

Article 3: Personalisation

A personalization service, such as engraving, may be offered to the Customer for a selection of Products. If the Customer wishes to have a Product personalized, the Customer must click on the “Add engraving” button and provide the requested information.

MESSIKA reserves the right to refuse any order for personalized Products containing wording that is inappropriate, unlawful or inconsistent with the image of the Brand. The Customer is responsible for ensuring that any information provided for this purpose is accurate. The Customer releases MESSIKA from any liability in the event that such information is inaccurate.

The Customer acknowledges and agrees that orders for Products that are personalized or made to the Customer’s specifications may not be cancelled and are not eligible for exchange or refund.

Article 4: Order Process

Any order placed on the Website is subject to compliance with the procedures described below.

4.1 Selection of Products

The Customer selects, from among the Products available for sale on the Website, the Products and quantities that the Customer wishes to purchase.

The Customer may add each selected Product to the shopping bag by clicking on the corresponding “Add to Bag” button on the relevant product page. For rings and bracelets, the Customer must select the desired size before clicking on “Add to Bag”.

Once the Customer has completed the selection of the Products that the Customer wishes to purchase, the Customer must confirm the contents of the shopping bag and place the order. Successive pages then summarize the details of the selected Products and their price, the delivery terms, and the payment method to be selected by the Customer.

4.2 Customer Identification

Any order placed on the Website requires the Customer first to enter and confirm an email address, without being required to create a customer account beforehand.

If the Customer does not have a customer account, the Customer may create one by accurately providing their identity details, contact details, and a valid email address and password. Where applicable, the Customer will receive an email confirming the creation of the account and enabling access to it.

If the Customer has a customer account, the Customer is invited to log in using the relevant email address and associated password.

Login credentials and passwords are strictly personal. Accordingly, the Customer undertakes to keep them secure and not to disclose them to any third party.

In the event of loss, theft or fraudulent use of the Customer’s account, the Customer undertakes to inform MESSIKA immediately.

In addition, if MESSIKA has reason to suspect that a third party has compromised a Customer’s account, password and/or login credentials, MESSIKA reserves the right to immediately suspend or terminate the account concerned and to inform the Customer by email or telephone.

If any information provided by the Customer when creating the account changes, the Customer shall be responsible to update such information directly within their account on the Website.

4.3 Order Validation by the Customer

Each order must be validated by the Customer.

Before finally confirming and validating the order, the Customer is invited to review its details, including the Products selected in the shopping bag, the price indicated and the delivery method, in order to correct any errors where necessary.

To validate the order, the Customer clicks on the “Proceed to Payment” button.

4.4 Order Acceptance by MESSIKA

Once the order has been validated and payment confirmed by the Customer, MESSIKA sends the Customer an order confirmation by email to the email address provided by the Customer. This order confirmation states the dedicated order number and lists the Products covered by the order, their quantity, description and corresponding price, both unit price and total price.

The applicable Terms and Conditions and the invoice are also attached and may be downloaded and retained by the Customer.

This order confirmation constitutes MESSIKA’s acceptance of the order and therefore evidences the existence of a binding sale contract between MESSIKA and the Customer. The sale is then deemed final, except where the order is cancelled by MESSIKA, including in the event of exceptional unavailability of the Products, non-payment or suspected fraud.

If the Customer does not receive the order confirmation, the Customer is advised to check whether it has been directed to the junk or spam folder. MESSIKA shall not be liable for any error in the email address entered by the Customer or in any other information required to validate the order.

MESSIKA reserves the right to suspend or cancel any order and/or delivery, regardless of its nature or stage of performance, in the event of non-payment or partial payment of any amount due by the Customer, a payment incident, or fraud or attempted fraud in connection with use of the Website, including in relation to previous orders.

4.5 Product Availability

The Products offered for sale by MESSIKA are those displayed on the Website on the date on which the Customer accesses the Website, subject to stock availability. In any event, if the Products become wholly or partially unavailable after the order has been placed, the Customer will be informed by email as soon as possible of the unavailability of the relevant Product and of the total or partial cancellation of the order.

In the event of total or partial cancellation of the order, MESSIKA customer service will contact the Customer to inform the Customer of such cancellation and arrange the corresponding refund, which will be made as soon as possible following cancellation of the order.

Article 5: Product Prices

The prices of the Products displayed on the Website are indicated in Swiss francs (CHF) and are inclusive of all taxes.

Unless expressly stated otherwise when the order is placed on the Website, such prices do not include delivery costs, which may, where applicable, be charged in addition to the price of the Products. Where applicable, delivery costs are provided before the Customer validates the order.

The prices and delivery charges displayed on the Website may be amended at any time, provided that any such amendments shall not affect orders that have already been confirmed.

Prices are checked regularly. However, if, in respect of an order already placed by the Customer, the price proves to be erroneous, MESSIKA will inform the Customer and where possible give the Customer the option to purchase the Product(s) at the correct price or to cancel the order. Should the order be cancelled, the Customer will be refunded as soon as possible, and any relevant Products already delivered must be returned to MESSIKA without undue delay.

The shipping terms set out below in these Terms and Conditions are brought to the Customer’s attention when each order is placed.

MESSIKA retains full and complete ownership of the Products ordered until the full price has been paid (including principal amount and delivery costs) by the Customer.

Article 6: Payment Terms

6.1 Accepted Payment Methods

When placing an order, the Customer shall select one of the available payment methods and enter the relevant payment details in the appropriate form.

Purchases made by the Customer on the Website may be paid for using the following methods:

-              by bank card (Visa, American Express, Eurocard-Mastercard), it being specified that cards issued by banks domiciled outside Switzerland must be international bank cards;

-              by PayPal;

-              via Apple Pay; or

-              for certain countries only, the Customer may be able to use third party payment solutions such as Klarna (see Article 6.2), subject to the Customer’s eligibility and to the terms and conditions applicable to the relevant third-party payment solutions provider.

For any payment by bank card, the Customer represents and warrants to MESSIKA that the Customer is the holder of the bank card used for payment. The Customer must enter the first name and surname appearing on such bank card and then provide, through a secure environment, the bank card number, expiry date and card security code.

The bank card used by the Customer is debited upon confirmation of the order.

For the purpose of processing the order, MESSIKA’s payment service provider may request a prior authorization on the Customer’s payment card. The corresponding amount may therefore be temporarily reserved, with the actual debit taking place upon confirmation of the order. By placing an order on the Website, the Customer expressly authorizes MESSIKA and any payment service provider to carry out any necessary anti-fraud security checks or controls, including card validation and Customer authentication, and, for this purpose, to exchange the information strictly necessary to process the transaction.

If, for any reason whatsoever, including objection to payment or refusal by the card issuer, the amounts due by the Customer cannot be debited, the order will be immediately cancelled.

6.2 Third-Party Payment Solutions

For certain countries only, the Customer may be offered the option to pay using third-party payment solutions, subject to their availability at checkout at the time the order is placed. MESSIKA is not obliged to offer payment via third party payment solutions and this facility may be withdrawn from its Website at any time.

The availability of these payment solutions depends on the relevant country, currency, order amount and the Customer’s eligibility at the time of payment. MESSIKA does not represent that a third-party payment solution will be available for every order or for every Customer.

Where applicable, Klarna may permit the Customer to use one or more of its payment solutions, such as immediate payment (“Pay Now”), deferred payment (“Pay Later”) and/or payment in instalments (“Pay Over Time”).

Where this solution is available, the technical processing of the transaction is carried out by the payment service provider Adyen.

Any information specific to the Klarna solution and applicable terms and conditions are communicated by Klarna directly to the Customer.

Article 7: Delivery and Receipt

7.1 General Terms

Products are delivered to the delivery address provided by the Customer when placing the relevant order. No delivery shall be made outside Switzerland.

Delivery may not be made to a non-fixed postal address, such as a hotel, freight forwarding agency, campus, pick-up point, post office box or Aramex collection points. MESSIKA reserves the right to refuse delivery to any address that is imprecise, unlisted, does not allow normal access for the carrier, or does not allow for the Products to be delivered securely.

The Customermust ensure that the delivery information provided is accurate and complete (street number, building, staircase, access codes, intercom numbers, etc.) and is solely responsible for any failed delivery resulting from insufficient or incorrect information, or the provision of a non-fixed address that is not personal to the Customer.

Products are delivered within the timeframes communicated by MESSIKA when the order is accepted, but time shall never be of the essence.

Products are delivered within the timeframes communicated by MESSIKA when the order is placed.

7.2 Delivery

Information relating to the delivery terms applicable to each order are available to the Customer before payment is made. Where applicable, delivery charges are added to the total price of the order and are communicated to the Customer before the Customer confirms their order.

Products ordered by the Customer are delivered by the carrier appointed by MESSIKA to the delivery address provided by the Customer when placing the order, by tracked delivery. A tracking number is assigned to each order. The Customer may track the shipment of the parcel by clicking on the link provided or by logging into the Customer’s account on the Website.

No deliveries are made on Saturdays, Sundays or public holidays.

If delivery to the Customer fails, a second delivery attempt may be arranged. If the Customer is also absent at the time of this second delivery attempt, the parcel will automatically be returned to the shipping address, resulting in cancellation of the order and, where applicable, refund of the order.

7.3 Irregularities, Damage or Damaged Parcel

The Customer undertakes to check the conformity of the Products at the time of delivery and, in the event that any irregularity is identified, to report it to the delivery person or, where applicable, to MESSIKA.

In the event of non-conformity of the Products, the Customer may return them in accordance with Articles 8 and 9 of these Terms and Conditions: (i) within the thirty (30)-day period provided for below, or (ii) by requesting implementation of a statutory warranty.

Article 8: Returns

8.1 Refunds (within 30 days)

MESSIKA offers Customers the option to request a refund of the Product ordered within thirty (30) days from receipt, subject to compliance with the conditions set out herein.

To make such request, the Customer must contact customer service via the “Contact” section of the Website, or by writing to: conciergerie@messikagroup.com.

MESSIKA will send the Customer a confirmation of receipt.

Subject to the Products being returned in accordance with Article 8.2 and to MESSIKA’s quality control:

-        MESSIKA will refund the amounts paid by the Customer, using the same payment method as the one used for the order; and

-        the refund will be made without undue delay, save that MESSIKA may withhold the refund until the Products have been duly recovered and have successfully passed MESSIKA’s quality control.

Products made to the Customer’s specifications, special orders or personalized Products are not eligible for refund.

If the Customer wishes to exchange a Product (for example, for a different size or color), they must return the original Product in accordance with the conditions set forth in these Terms and Conditions, and place a new order.

8.2 Return Procedure                                                                         

Depending on the Customer’s request, MESSIKA or the carrier appointed by MESSIKA will contact the Customer to arrange for the collection of the parcel.

To ensure a secure return, the Customer must schedule collection of the Products in accordance with the instructions provided by MESSIKA or the carrier.

Collection must be scheduled by the Customer without undue delay and must in any event take place no later than fourteen (14) days from the date on which the Customer informed MESSIKA of the decision either (i) to return a Product, or (ii) to benefit from a statutory warranty.

The Customer is offered two options:

-        collection on a date and within a time slot selected by the Customer; or

-        collection through three (3) attempts, with the carrier making an attempt on the first business day following scheduling of the collection. The Customer’s request cannot be completed if all three collection attempts are unsuccessful.

The Customer is responsible for completing and affixing to the parcel the return label provided by MESSIKA for the purposes of collection.

If the Customer, on the Customer’s own initiative, chooses to return the Products using a transport method other than the collection arranged by MESSIKA, including by dropping the parcel off at a pick-up point or shipping centre, the Customer alone assumes the risks of loss, theft or damage to the parcel.

Collection and transport costs arranged by MESSIKA are borne by MESSIKA.

All returns are subject to strict quality control by MESSIKA.

Subject to the implementation of statutory warranties:

-        Products must be returned in pristine, new and unused condition (unworn and unengraved), in their original packaging, fully intact, together with all original accessories and documents (boxes and/or cases, certificates of authenticity, protective materials, tags, booklets and any other accompanying items), and, where applicable, with the security tag still attached; and

-        any Product returned incomplete, impaired, damaged, deteriorated, soiled or otherwise in a condition reasonably indicating that it has been used or worn will not be eligible for a refund or exchange and will be returned to the Customer.

Article 9: Statutory WarrantY

The Products are covered by the statutory warranty against defects in the item sold. The Customer must inspect the Product upon receipt. Any apparent defect must be notified to MESSIKA without delay. Any hidden defect must be notified without delay upon discovery. Failing such notification, the Product shall be deemed to have been accepted.

In the event of a proven defect duly notified within the applicable time limits, MESSIKA shall have the exclusive right, at its sole discretion, to remedy the defect either by repairing the Product or by replacing it with an identical Product or a Product of equivalent value.

Any warranty claim shall be time-barred two (2) years from delivery of the Product to the Customer.

Depending on the Customer’s request and provided that such request is accepted in accordance with applicable laws and regulations, MESSIKA, or the carrier appointed by MESSIKA, will contact the Customer to arrange for the collection of the parcel. The Customer must schedule collection of the Products and ensure that it takes place in accordance with the conditions set out above in Article 8.2.

Article 10: Protection of Personal Data

In connection with orders placed by the Customer, MESSIKA processes the Customer’s personal data (the “Data”) and, where applicable, the personal data of the recipient of the order.

As data controller, MESSIKA processes the Data in accordance with applicable legal requirements relating to the protection of personal data.

For further information on how MESSIKA uses the Data and how cookies are used on the Website, please refer to the Privacy Policy and the Cookie Policy.

Article 11: Security

MESSIKA endeavors to protect the personal information of its Customers by maintaining a high level of security. However, the Customer also has a role to play in protecting their Data. In particular, the Customer must maintain the security of online transactions, including by not disclosing the Customer’s login credentials, namely the Customer’s email address, and/or password to anyone, and by regularly changing the password. Accordingly, MESSIKA shall not be liable for the disclosure of information relating to the Customer to any person who has used the Customer’s login credentials and/or password. The use of the Customer’s login credentials and/or password shall constitute evidence of the Customer’s identity and, upon validation of the order, of the amounts payable in connection with that order. MESSIKA shall in no event be liable for any fraudulent use of such information. The provision of the bank card number and final validation of the order shall constitute evidence of acceptance of the order and shall make the amounts corresponding to the Products included in the order payable. Computerized records kept in the IT systems of MESSIKA and its partners shall be deemed evidence of the communications, orders and payments made between the parties.

Article 12: Intellectual Property Rights

The “MESSIKA” trademark, together with all trademarks and, more generally, all other marks, illustrations, images and logos appearing on MESSIKA Products, their accessories or packaging, whether registered or unregistered, are and shall remain the exclusive property of MESSIKA. Any total or partial reproduction, modification or use of such trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without MESSIKA’s express prior consent, is strictly prohibited. The same applies to any combination or association with any other trademark, symbol, logo or, more generally, any distinctive sign intended to form a composite logo. The same shall apply to all copyrights, designs and models, and patents owned by MESSIKA.

Accordingly, any partial or total reproduction of the Website Content, including by downloading, reproduction, transmission or representation, for any purpose other than personal and private use for non-commercial purposes, is strictly prohibited.

Any breach of these provisions may expose its author to the sanctions provided for under applicable intellectual property laws and civil liability rules.

The Website databases are protected by intellectual property rights, and any substantial extraction or reuse is prohibited and may give rise to sanctions.

Article 13: Claims

For any information, complaint or question relating to these Terms and Conditions or to the Products themselves, Customers may contact MESSIKA customer service using the form available in the “Contact” section of the Website, stating their order number where applicable.

In the event of any dispute relating to the application and/or interpretation of these Terms and Conditions, the Customer may have recourse to conventional mediation or to any other alternative dispute resolution procedure.