General Terms and Conditions of Business

These terms and conditions of taketray GmbH (hereinafter “taketray”) apply to all contracts that a consumer or entrepreneur (hereinafter “client” – for the purposes of these general terms and conditions, entrepreneur means any natural or legal person who, when concluding a legal transaction, acts in the exercise of his independent commercial activity) concludes with taketray with regard to the goods and/or services offered by us. The inclusion of the client’s own terms and conditions is hereby objected to, unless expressly agreed otherwise in writing. taketray reserves the right to adapt the general terms and conditions at any time as well as without prior notice.

A contractual transaction between taketray and the client can be initiated via the online shop at www.taketray.ch, by telephone, by e-mail or on site. In any case, the client expresses with his order an intention to purchase, which can be accepted by taketray. If possible, taketray sends the client a confirmation of receipt of the order, which is not to be equated with a binding acceptance of the client’s offer. With the (partial) dispatch of the ordered products taketray accepts the purchase offer and the legal transaction is concluded.

Should the article ordered by the client not be available, taketray refrains from a declaration of acceptance. In this case the contractual transaction is not concluded. taketray informs the client of this and any consideration already received is refunded.

Order processing and contact are primarily automated and take place by e-mail. The client has to ensure that the e-mail address given by him during the order process is correct and that e-mails sent by the seller can be received under this address (spam filter, mailbox occupancy etc.).

The General Terms and Conditions in the version valid at the time of the declaration of intent shall apply in each case. Changes and additions to these general terms and conditions must be made in writing.

taketray attaches importance to indicating availability and delivery times in the online shop up-to-date and accurately. However, delays may occur due to production or delivery bottlenecks. All information on availability and delivery times is therefore without guarantee and may change at any time.

The prices listed or communicated at the time of the order apply. Prices for business customers (B2B) are net prices. The communicated prices for end customers (B2C) include the current Swiss value added tax at the time of the conclusion of the contract. Additional delivery and shipping costs are indicated separately in the respective order process. Costs for packaging are included in the shipping costs for deliveries of goods. A surcharge may be levied for orders of small quantities. This charge will be indicated accordingly in the order process.

The goods are delivered to the delivery address specified by the customer. The delivery conditions and costs defined in the order apply. The delivery details, including any tracking number, are listed in the order confirmation or shipping confirmation. As a rule, orders are delivered in full within 3-5 working days. Delivery delays are possible depending on stock levels. In case of longer delays taketray will endeavour to inform the customer concerned.

taketray is not responsible for wrong deliveries due to an incomplete and/or wrong delivery address. The customer is obliged to check the correctness of the information when ordering and bears the additional costs for wrong deliveries.

All deliveries will be properly packed for shipment. taketray declines all liability and responsibility for damage occurring in transit. Unless special circumstances or agreements justify an exception, benefit and risk of the item pass to the client upon conclusion of the contract. If the customer discovers damage to the packaging or the contents, it is his responsibility to notify the delivery service immediately. This can be done directly to the delivering staff or via the delivery service’s service hotline for damage reports. All claims for damage must be made to the delivery service. taketray will not make damage reports and claims on behalf of the client to the delivery service.

If taketray sends goods to the client which he has not ordered, the client must inform taketray within 5 days. In this case taketray will organise a collection of the package at its own expense or send the client a return note. If the delivery is incomplete (except for partial deliveries), the client must also inform taketray within 5 days.

Subsequent changes or cancellations can be accepted by taketray at its discretion and the client will be charged a compensation of up to 20% of the cancelled goods value. Any additional shipping costs shall be borne by the client.

Unless otherwise agreed, payment of the purchase price is due immediately with the order. The payment options offered as means of payment in the online shop during checkout are available to the clients. taketray may exclude individual means of payment in general or for individual clients without further justification. taketray has the right to levy surcharges on individual means of payment and to obtain information on the client’s creditworthiness and may forward client data to third parties for this purpose. Unless explicitly defined otherwise, payments must be made in Swiss francs.

Ordered goods remain the property of taketray GmbH until full payment to taketray. taketray is entitled to make a corresponding entry in the retention of title register.

The client has the right to revoke the contract within fourteen days without giving reasons. The revocation period runs from the time of receipt of the goods or the first partial delivery. The client informs taketray in advance and is thereafter responsible for the return. For a full refund of the price of the products it is a condition that the goods are returned by registered mail complete and unused, in their original condition intact and without damage in the original sales packaging. A possible reduction in value of the goods by the client will be determined by taketray, assessed and offset against the purchase price or invoiced to the client. In case of revocation, the client will in any case bear the shipping costs of the order.

Any kind of return must be notified in advance to taketray by telephone or by e-mail. The costs for proper packaging as well as the return shipment are at the expense of the client. The transport risk is borne by the buyer. As soon as taketray has received and checked the return shipment, the client will receive a confirmation by e-mail. The (partial) refund will be made within 14 days after this confirmation.

For possible refunds taketray will try by default to use the payment channel used by the client in the original transaction, unless expressly agreed otherwise in writing with the client. If a refund is not possible in this way, taketray may use another payment channel. The client is responsible for providing valid payment data for a refund upon request. taketray is not responsible if refunds do not reach the client due to incorrect data. It is the duty of the client to inform taketray promptly if a refund has not been received. In case of incorrect refunds due to incorrectly supplied payment data, the client may be charged a handling fee.

taketray grants a one-year warranty on the articles sold, provided that the products have not become defective through misuse or natural wear and tear. The liability of taketray for own fault, as well as that of our representatives and vicarious agents is limited to intent and gross negligence.

All our sales transactions are exclusively subject to Swiss law. The place of performance for all obligations arising from this contract is the place of taketray’s registered office. The place of jurisdiction is Zurich. Unless expressly agreed otherwise in writing, the applicable statutory provisions under Swiss law as well as these general terms and conditions apply.

The German-language version of these General Terms and Conditions is authoritative in cases of doubt.

Zurich, 22.07.2021