Terms and Conditions / Imprint / Privacy Policy
Responsible for the content:
K.E.W Strategy Management
Kurzstrasse 1
8400 Winterthur
Schweiz
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+41 76 709 66 90
info@kew-strategy-management.com
www.kew-strategy-management.com
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Trade:
Consulting/ trading/ analysis and research of economic data and investment opportunities
Authorized representatives
Gezim Kafexholli
Jusef Enschai
Corporate purpose:
K.E.W Strategy Management has established itself as a competent partner in the field of strategic consulting, trading and analysis, particularly in the investment and gemstone trading sectors. Our goal is to provide our valued clients with a decisive advantage through outstanding products, sound advice and precise analysis. We offer customized solutions tailored to the specific needs and requirements of our clients to help them make informed and sustainable investment decisions.
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Disclaimer
The content of this website has been created with the utmost care and commitment. Nevertheless, we cannot guarantee the accuracy, completeness or timeliness of the information provided on this platform. Any liability for damages resulting directly or indirectly from the use of this website is excluded, unless they result from intentional or grossly negligent behavior.
Disclaimer for our strategy consulting services
The strategic investment consulting and analysis services provided by K.E.W Strategy Management are provided in good faith. We strive to provide our clients with sound information, professional analysis and valuable strategic recommendations. However, we would like to expressly point out that all recommendations and information provided as part of our advisory services are based on the data and analyses available at the time the advice is given.
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No guarantee is given for the accuracy, completeness or timeliness of the information provided. The implementation of the recommended strategies and decisions is the sole responsibility of the client. K.E.W Strategy Management is not liable for any direct or indirect damages arising from the use of or reliance on the information and recommendations provided, including but not limited to financial loss, loss of profits or other economic disadvantages.
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We recommend that our clients carry out their own comprehensive analysis before making investment decisions and, if necessary, consult additional experts. The use of our advisory services is at your own risk.
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Copyright notice
All content and works published on this website are subject to Swiss copyright law. The reproduction, distribution or use of any content in digital or printed form is not permitted without the express prior permission of K.E.W Strategy Management. This serves to protect our creative work and to safeguard our rights as authors.
Scope of application
These General Terms and Conditions apply to all legal transactions between K.E.W Strategy Management, on the one hand, and domestic and foreign entrepreneurs, legal entities, natural persons and investors (“Buyers”), on the other hand, which are aimed at the purchase of gemstones. The legal relationship between K.E.W Strategy Management and the buyer is governed by the following contractual and business terms and conditions apply in the following order.​
The offer on which the respective individual contract is based
These general terms and conditions including warranty conditions and shipping costs overview.
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Irrespective of the above order of precedence, these General Terms and Conditions, including the guarantee conditions and shipping costs overview, shall apply exclusively, unless expressly agreed otherwise in writing. This means that no other general terms and conditions of the buyer shall apply. This also applies in the event that the buyer bases the conclusion of the contract on his own GTC. K.E.W Strategy Management expressly objects to any other general terms and conditions of the buyer, even if it is aware of them.
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Entrepreneurs and investors are a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
The GTC also apply to legal transactions with consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
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Conclusion of contract
A legal transaction between K.E.W Strategy Management and the respective buyer is concluded as follows:
Express declaration of acceptance of an order placed by the buyer with K.E.W Strategy Management.
Signature by the buyer of the offer submitted in writing by K.E.W Strategy Management.
A contract need not be concluded in the premises permanently used by K.E.W Strategy Management for its business purposes, but may also be concluded outside these premises.
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All information on the website of K.E.W Strategy Management (www.kew-strategy-management.com) is provided without guarantee of accuracy or completeness. K.E.W Strategy Management reserves the right to make errors and changes.
Object of purchase.
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The object of purchase is one or more gemstones in the quality specified in the respective offer. The quality of the object of purchase is determined in particular by the degree of purity.​
K.E.W Strategy Management does not guarantee any stability of value or increase in value of the object of purchase following the conclusion of the contract.​
Fulfillment
K.E.W Strategy Management has duly fulfilled the contract when it has made the object of purchase available for collection as agreed or when it has dispatched the object of purchase to the buyer as agreed.
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K.E.W Strategy Management is not obliged to make the object of purchase available for collection or to dispatch it before the purchase price for the respective object of purchase has been paid in full. Should this nevertheless take place, point 8 (retention of title) shall apply accordingly.
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Dispatch, handover and transfer of risk
If K.E.W Strategy Management ships the object of purchase, the risk of loss or damage to the goods is transferred to the buyer as soon as the object of purchase is handed over to the carrier.
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If the object of purchase is delivered with obvious transport damage, the buyer must submit a written complaint to K.E.W Strategy Management as soon as possible. Failure to make a complaint is regulated in point 9 (notification of defects).
If no other method of handover or shipment of the object of purchase is agreed, the object of purchase must be taken over by the buyer personally at the registered office of K.E.W Strategy Management during its opening hours. In this case, the buyer will be informed separately about the provision of the object of purchase for acceptance. The notification of availability can be communicated or transmitted to the buyer by telephone or electronically. The collection period is 14 working days from the date of the notification of availability.
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If a person other than the buyer takes over the object of purchase, the person taking over must provide K.E.W Strategy Management with a written authorization to take over. K.E.W Strategy Management may nevertheless refuse the handover to a third authorized person if K.E.W Strategy Management has justified reasons to assume that the presented power of attorney is not genuine or was not issued by the buyer. If the collection period subsequently expires and the identity is not clarified within 3 working days or the goods are not taken over by the buyer as agreed, the consequences of default shall apply.
Purchase price, invoicing and terms of payment.
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All purchase prices are quoted in Swiss francs (CHF) and, unless expressly stated otherwise, are exclusive of VAT. Any shipping costs, customs duties or other charges are not included. These are shown separately and are to be borne by the buyer. The shipping costs overview can be found here.
Payment of the purchase price is due from the date of invoicing of the purchase price owed by K.E.W Strategy Management.
After the corresponding invoice has been issued, payment of the purchase price shall be made by electronic transfer. The relevant payment period for this is 14 days from the invoice date. This applies to invoices for down payments as well as for any remaining purchase price.
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At the request of K.E.W Strategy Management, the buyer shall disclose the VAT identification number. If the buyer fails to provide the VAT identification number, K.E.W Strategy Management does not have to issue an invoice until the buyer has provided the VAT identification number. K.E.W Strategy Management shall not be liable for any resulting consequences of delay.​
Cash payment is excluded unless the parties have agreed otherwise in writing. In such a case, the transaction is carried out step by step, namely payment of the purchase price against delivery of the object of purchase.
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All payments made by the buyer shall first be offset against incidental expenses (e.g. shipping costs or customs duties), then against any interest and finally against the purchase price.
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Should there be a change in customs duties or other charges applicable to the object of purchase between the conclusion of the contract and the day of delivery, K.E.W Strategy Management may adjust the purchase price accordingly. K.E.W Strategy Management will inform the buyer immediately of any price adjustment. If the increase amounts to more than 5% of the originally agreed purchase price, the buyer may withdraw from the purchase contract in writing within 10 working days. In the event of withdrawal by the buyer, point (Reimbursement of the purchase price) shall apply accordingly. If the buyer does not withdraw within the 10 (working) day period, the increased purchase price shall be deemed to have been agreed.
Delay and withdrawal
If the agreed handover date is delayed, the buyer may withdraw from the legal transaction in writing, setting a grace period of at least 15 working days from the originally agreed handover date. Any advance payments or ancillary charges already made shall be refunded to the Buyer without undue delay, bearing interest at a rate of 2% p.a.
In the event of a delay in payment, K.E.W Strategy Management may charge the buyer reasonable reminder fees and default interest of 5.0% p.a. above the base interest rate on the outstanding purchase price. The default interest shall begin to run from (and including) the date of the first reminder until the purchase price has been paid in full. This claim also includes compound interest. In addition, in the event of default of payment, the buyer undertakes to reimburse the judicial and extrajudicial costs, as well as the dunning and collection expenses necessary for appropriate legal action. This shall in any case include a lump sum of CHF 150 as compensation for collection costs. The assertion of further rights and claims, such as in particular the right to demand compensation for the actual damage incurred, shall remain unaffected by this.
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If the object of purchase is made available for collection and accepted late by the buyer, K.E.W Strategy Management may charge the buyer a reasonable storage fee.
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K.E.W Strategy Management may withdraw from the purchase contract in writing after fruitless expiry of the collection period; K.E.W Strategy Management may, at its discretion, set a reasonable grace period for collection of the object of purchase. In the event of withdrawal from the contract, the purchase price already paid, less the reasonable storage fee and a reasonable handling fee, shall be refunded to the buyer.
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In the event of withdrawal, K.E.W Strategy Management may also charge a flat-rate cancellation fee amounting to 20% of the net purchase price, whereby this shall not affect any further claims for damages.
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If there is a default of acceptance without withdrawal by K.E.W Strategy Management, the statutory provisions (default of acceptance) shall apply accordingly.
Retention of title
If the object of purchase has been handed over to the buyer before full payment of the purchase price including any incidental expenses (e.g. shipping costs or customs duties), the object of purchase shall remain the property of K.E.W Strategy Management until full payment including incidental expenses has been made.
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Warranty / Notice of defects
If the object of purchase does not correspond to what is contractually owed, the buyer is entitled to warranty claims in accordance with the statutory provisions with the following modifications.
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After acceptance of the object of purchase by the buyer, the buyer is obliged to notify K.E.W Strategy Management of the defect within a reasonable period of time, which in any case must not exceed 14 days. However, K.E.W Strategy Management must be notified of obvious defects immediately upon delivery. The complaint is not bound to any particular form, whereby a verbal complaint must be followed by a written complaint. The transmission of a notice of defects by e-mail is permissible, whereby the buyer bears the risk of timely transmission of the e-mail. The notice of defects must at least describe the alleged defect as precisely as possible.
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If the notice of defects is not submitted, the statutory provisions shall apply accordingly and the buyer shall have forfeited his warranty claims.
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As a legal remedy for a breach of warranty, the buyer is entitled to replacement of the purchased item or a price reduction. Conversion of the legal transaction concerning the object of purchase is excluded.
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The warranty period is 12 months from the agreed handover date. The warranty is excluded for used objects of purchase.
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Any guarantees granted by K.E.W Strategy Management on an object of purchase are subject to their own guarantee conditions. Warranty claims do not limit the warranty rights of the buyer.
Liability
K.E.W Strategy Management is liable for the compensation of damages that were culpably caused. Liability for slight negligence is excluded. In the case of gross negligence, liability is limited to the value of the object of purchase. K.E.W Strategy Management shall not be liable for loss of profit, loss of interest, failure to make savings, other consequential damages and damages arising from third-party claims. However, limitations of liability do not apply to compensation for personal injury.
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The buyer must provide proof that any damage incurred by him is due to the fault of K.E.W Strategy Management. The buyer must also provide proof that he is not at fault for any damage incurred. This applies to all forms of fault (slight/gross negligence, intent).
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Claims for damages must be asserted in court within 3 (three) months of becoming aware of the damage and the damaging party, otherwise they shall lapse.
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Exclusion of other disputes
Contestation, dissolution, termination or adjustment of the legal transaction is excluded on the grounds of error or loss of the basis of the transaction. Contestation of the legal transaction on the grounds of reduction by more than half (laesio enormis) is also excluded.
Data protection
The processing of personal data required for the provision of services by K.E.W Strategy Management takes place exclusively on the basis of the relevant legal provisions, in particular the data protection laws and the accompanying Swiss laws.​
Place of jurisdiction
Insofar as there are no mandatory statutory provisions to the contrary, the place of jurisdiction shall be the locally competent court at the location of K.E.W Strategy Management.
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Applicable law
Swiss law shall apply to the exclusion of private international law and the United Nations Convention on Contracts for the International Sale of Goods, as amended (UN Sales Convention).
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Final provisions
The contract language is German and English.
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Amendments to these GTC must be made in writing. This also applies to amendments to this point There are no verbal ancillary provisions to these GTC.
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The invalidity of individual provisions of these GTC shall not affect the validity of the remaining provisions.
If a provision of these GTC is or becomes invalid, this invalid provision shall be replaced by a valid legal provision that comes closest to the purpose of the invalid provision.​
In particular, the provisions of the General Code of Law shall apply to the legal transaction on a subsidiary basis.
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Information on shipping & delivery
1 The K.E.W Strategy Management generally ships worldwide. We do not deliver to packing stations.
2. the K.E.W Strategy Management bears the shipping costs of your order within Switzerland.
3. the insured shipment of your order is carried out by DHL / FedEx or by security transport. The sum insured will be adjusted to the order value.
4. unless otherwise agreed, the gemstone and the corresponding certificates will be shipped within 3-5 working days after receipt of payment.
5. experience has shown that the delivery time within Switzerland is 2-4 working days, within the European Union 3-5 working days.
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Natural persons acting as buyers are entitled to the right of withdrawal as described in the withdrawal policy. Based on the consumer guidelines of Switzerland, the buyer has the right to withdraw from this contract within 14 days without giving reasons. Entrepreneurs are not granted a voluntary right of withdrawal.
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Payment processing
- By credit card
- By bank transfer
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Right of withdrawal
Based on the consumer guidelines of Switzerland, the buyer has the right to withdraw from this contract within 14 days without giving any reason.
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The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
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To exercise your right of withdrawal, you must inform us at info@kew-strategy-management.com of your decision to withdraw from this contract by means of a clear statement.​
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You can also use the following sample form.
I/we(*) hereby cancel the contract concluded by me/us(*) for the purchase of the following goods(*)/the provision of the following service(*):
Ordered on(*)/received on(*):
Name of the consumer(s):
Address of the consumer(s):
Date:
Signature of the consumer(s) (only in case of notification on paper) ________________________________________________ (*)
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Please delete as applicable.
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The direct costs of returning the goods shall be borne by the consumer, provided that the consumer has been informed in advance that these costs will be borne. The consumer shall only be liable for any loss in value of the goods if the loss in value is due to handling by the consumer that is not necessary for checking the condition, properties and function of the goods. Liability does not apply in full if the consumer was not informed of the right of withdrawal.
Data protection
1. collection, processing and use of personal data
We do not collect any personal data from you when you visit this website. Personal data is only collected if you provide it to us yourself via our contact form. This data is used exclusively to respond to your request.
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2. use of own cookies
When certain pages are accessed, a so-called “session cookie” is set. This is a small text file that is automatically deleted from your computer at the end of the browser session. This file is used exclusively to enable you to use certain applications. You can change the settings in most web browsers so that your browser does not accept new cookies or you can have cookies that you have received deleted. You can usually find out how this works specifically for your browser using its help function.
3. server log files
As with every connection to a web server, the server of our web hosting provider Hostpoint in Switzerland logs and stores certain technical data.
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This data includes the IP address and operating system of your device, the data, the access time, the type of browser and the browser request, including the origin of the request. This is necessary for technical reasons in order to make our website available to you.
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The web hosting provider uses technical and organizational measures to protect this data from unauthorized access and does not pass it on to third parties. Where we process personal data, we do so on the basis of our interest in offering you the best possible user experience and ensuring the security and stability of our systems.
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4 Google Analytics
This website uses Google Analytics, a web analytics service provided by Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics uses so-called ‘cookies’, i.e. text files that are stored on your computer and enable your use of the website to be analysed.
Google uses this information to analyse your use of the website on behalf of the operator of this website, to compile reports on website activity and to provide other services relating to website activity and internet usage to the website operator.
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5. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data.
You can prevent the storage of cookies or delete them by selecting the appropriate settings in your browser.
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6. webshop
We would like to point out that for the purpose of simplifying the shopping process and for subsequent contract processing, the webshop operator stores the IP data of the connection owner in the context of cookies, as well as the name, address and means of payment of the buyer.
In addition, the following data is also stored by us for the purpose of processing the contract: The data provided by you is required to fulfil the contract or to carry out pre-contractual measures. Without this data, we cannot conclude the contract with you.
Data is not transferred to third parties, with the exception of the transfer of credit card data to the processing bank/payment service provider for the purpose of debiting the purchase price, to the transport company/shipping company commissioned by us to deliver the goods and to our tax advisor to fulfil our tax obligations.
After cancellation of the purchase process, the data stored by us will be deleted. If a contract is concluded, all data from the contractual relationship will be stored until the expiry of the tax retention period (10 years).
The data name, address, purchased goods and date of purchase are also stored until the expiry of product liability (10 years).
7. your rights
In principle, you have the rights to information, correction, deletion, restriction, data portability, cancellation and objection.
Our privacy policy covers:
Data collection, use and sharing
We explain what information we collect, how we use it, and when we share it with third parties.
Control over your data
Learn how to access, change, update, or raise concerns about the use of your personal information.
Data security
We use a variety of security measures to protect our customers' data, including encryption technologies, secure server locations, and secure data transmissions. Learn more about our privacy practices.