1.2.Acceptation of the ToU. By accessing the Website, you (the Customer or you) agree to be legally bound by the ToU then in effect. If you do not agree to be bound by these ToU, do not use the Website. These ToU are subject to change at any time and from time to time without notice. Continued access to the Website following any modification in these ToU will constitute your acceptance of the ToU as modified. The sale and purchase of the Products is subject to Section II and the use of the Maintenance Services is subject to Section III.
2.Use of the Website
2.1.Account Creation. You may create an account on the Website by signing in with your e-mail address and creating a password (the Account). You will have to fill-in first name, last name, shipping address, payment address and other optional details such as payment methods, company name, phone number and order history. By accessing your Account this will ensure (i) that your shipping address is saved for the next order(s), (ii) that you may access your order history, (iii) that you may track your new orders (iv) that you may save items to your wish list. Having an Account will also allow you to have a “ready to send” contact form to us (the Contact Form). The creation of an Account is optional and is not required to purchase Products.
2.2.Mailing List. Creating an Account will allow you to subscribe to the mailing list in order to be informed of new products or events through the newsletter, for which you will receive a confirmation e-mail upon completed subscription. You may unsubscribe from the mailing list at any time, by reaching out to us through the Contact Form.
2.3.Confidentiality. You agree to keep your login and password confidential. You acknowledge that you are fully responsible for the use that is made of your Account, including any third party use irrespective of whether you authorized such use or not. You will be fully liable for any losses and/or damages that may result from any such use. You agree to immediately notify us of any unauthorized access or use of your Account or any other breach of security.
3.1.Copyright. The entire content of the Website is copyright protected. Rayform or third parties granting rights to Rayform hold all right, title, and interest in all the information and content (including all text, data, graphics, logo, video, audio, presentation, selection, arrangements and photographs) on the Website, which are copyrighted work of Rayform or such third parties.
3.2.General use restrictions. You agree not to “frame” or “mirror” this Website, or any content contained on or accessible from this Website, on any other server or internet-based device without the advance written authorization of us. You also agree not to use any “page-scrape” or other automatic device, algorithm, or program, or any similar manual process, to access, copy, or monitor any portion of this Website or the content of this Website, to reproduce or circumvent the navigational structure of this Website, or to obtain any content on this Website other than as intended by Rayform and made available through this site.
3.3.No Transfer. These ToU will not involve the transfer of any intellectual property right, such as all the rights and prerogatives, registered or not, arising from Swiss and international legislation on copyright, trademark protection, designs and patents of invention, know-how and business secrets from Rayform to you.
5.Exclusion of Warranties and Liabilities
5.1.Links to Third Party Platforms. The Website may contain links to third party platforms maintained by other content providers. We hereby disclaim any representations and warranties regarding the content or accuracy of information and content on such third-party platforms.
5.2.Exclusion of Warranties. All information and content published otherwise made available on the Website are provided for informational purposes, for your non-commercial, personal use only. It may be changed at any time and without prior notice. Your use of this Website is at your own risk. We assume no liability (neither expressly nor implied) for the accuracy, completeness and timeliness of the information published on the Website.
5.3.Exclusion of Liability. Within the limits of applicable law, our liability is expressly excluded in respect to these ToU and to your use of the Website, irrespective of the grounds of your actions, claims or legal or administrative proceedings, including for consequential, direct or indirect losses, damages or liabilities, in particular with regard to any operating loss, damage or destruction of data. The exclusion of liability pursuant to this article also applies to Rayform's directors, employees, contractors and assistants. Furthermore, we accept no liability for any manipulation of your internet IT system by unauthorized persons. We expressly point out the risk of viruses and the possibility of targeted hacker attacks. In order to prevent viruses, using the latest browser version as well as installing a regularly update antivirus software is recommended. You should strictly avoid opening e-mails of unknown origin or unexpected e-mail attachments.
6.1.Partial nullity. In the event that one of the provisions of these ToU becomes null and void or non-binding, this will not affect the validity or binding nature of the other provisions. Where applicable, Rayform or the Customer will replace the void or non-binding provision with a valid, binding provision that is as close as possible to the purpose of the replaced provision.
6.2.Non-waiver. The forbearance of any breach or waiver of any right by a party and the frequency and duration of the forbearance or waiver, irrespective of its object, shall not be taken as definitive waiver by this party to claim said breach or enforce said right at a later date.
6.3.Applicable law. All contractual relations between Rayform and the Customer are governed by Swiss substantive law, to the exclusion of private international law and the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention), where applicable.
6.4.Jurisdiction. Within the limits of mandatory law, the exclusive place of jurisdiction for any dispute relating to these ToU will be the place of Company’ registered office.
6.5.Contact. You may contact us at firstname.lastname@example.org.
II.SALE AND PURCHASE OF PRODUCTS
The sale and purchase of Products is governed by the provisions of this Section II, in addition to Section I of these ToU. Any general terms and conditions or other commercial terms and conditions of the Customer are expressly waived.
8.1.Choice of Products. Once the desired Product is chosen by you, it will appear in your online shopping bag (the Shopping Bag). The Products are described and presented as accurately as possible by us on the Website. The photographs of the Products may not be identical to the final product. We may not be held responsible for the quality of the Products more than its description on the Website.
8.2.Customization. Some Products may be customized (the Customized Products), according to the options available. Customization options generally include size, variation, color and projected message. Special requests for customization (beyond what is allowed by the Website) shall be handled for a fee at our discretion, provided that an ad hoc agreement is specifically concluded to this effect.
8.3.Price. The prices indicated on the Website are in Swiss francs (CHF) including VAT, foreign taxes if applicable, transport costs and insurance taken out for the transport of Products. You may see the prices in different currencies based on the daily conversion rate, but the payment will be debited in CHF. Rayform reserves the right to modify the prices at any time.
9.Sale and Purchase
9.1.Sales and Purchase Agreement. The sale and purchase agreement is only concluded and effective once you have cumulatively (i) entered your name, shipping address and e-mail address, (ii) reviewed the purchase order, (iii) ticked the box “YES, I AGREE WITH THE TERMS AND CONDITIONS” accessible here at https://therayy.com/legal, (iv) entered your payment details and (v) clicked the button “PLACE ORDER” and that we have sent a confirmation e-mail to you. If you have not received a confirmation e-mail from us in a reasonable timeframe, you should contact us via e-mail or the Contact Form.
9.2.Payment. You may pay via PayPal, Stripe or any other payment methods indicated upon confirmation of your order. Payment will only be deemed to have been made when the third party beneficiary has received payment in full and has confirmed such payment to us. We cannot be held liable for the limits and conditions that are the subject of the contract between you and the third party.
9.3.Stock availability. All orders are subject to a logistical check of product and stock availability.
10.1.Delivery. We deliver the Products worldwide using carriers such as Fedex or local post offices (the Carrier). We inform you by e-mail once the Products are picked up for shipment by the Carrier. We will send you a tracking number by e-mail as well. Your signature will be requested by the Carrier to ensure safe delivery. Transport costs are covered by us.
10.2.Transfer of Risk. The transfer of risks will occur upon remittance of the Products to the Carrier.
10.3.No Liability. You understand and agree that Rayform may not be held liable once the Products is transferred to the Carrier. In addition, Rayform cannot be held responsible for any damage resulting from the delivery such as theft, loss, delay or other problem resulting from the shipment of the purchase order.
11.Return and Exchange Policy
11.1.Limited returns or exchange. For Customized Products, we do not offer a return or exchange program unless we made a mistake regarding your specifications. If return is allowed, you may return the Product by contacting us via e-mail or the Contact Form within 30 days from the reception of the Product to return or exchange the Product.
11.2.Exception. For some Products, if written in the Product description and in the event the Product is not the correct size, you may return the Product by contacting us via e-mail or the Contact Form within 30 days from the reception of the Product. We will adjust your ring size at no cost within a maximum number of sizes as written in the Product description. This can only be done once per Product. We encourage you to consult the size guide on the Website before your purchase.
12.1.Limited warranty. For a period of 24 months from date of reception of the Products, we warrant that Products will not materially deviate from the description of such Products on the Website. We undertake to replace or repair defective Products that are notified in writing during the warranty period with a reasonably detailed description and photographic evidence, at our own cost, subject to your full and active cooperation, without compensation.
12.2.Exclusion of warranty. Excluded from the warranty are damages related to improper use, lack of care, accident, loss or normal wear and tear and Maintenance Services after the sale of the Products under Section III of these ToU. The warranty expires if unauthorized third parties carry out maintenances or repairs without Rayform’s consent. This list is not exhaustive.
12.3.Limited warranty procedure. Once contacted by Customer via e-mail or through the Contact Form, Rayform will provide instructions for the return of defected Products. We will choose to either replace or repair all defected Products in a reasonable time limit. If the returned defected Products are excluded of warranty according to 12.3, the costs may be covered by you and considered as Maintenance Services (see Section III).
12.4.Exclusive warranty. Within the limits of applicable law, the warranty pursuant to Article 12.1 of the ToU is exclusive, and replaces any other warranty over the Products.
13.1.Limitations of liability. Without prejudice to 5.3 of Section I of these ToU, our total liability and/or that of our directors, employees, contractors and assistants, is in any cases limited to the lowest of the value of the Products.
13.2.Information on the Website. Although we make reasonable efforts to update the information concerning the Products on the Website, we make no representations, warranties or guarantees, whether it be expressed or implied, that the content on the Website is accurate, complete or up to date. We accept no liability for the potential consequences that may have incorrect information given by the Customer.
13.3.Force Majeure. We will not be held responsible for the non-performance or delay in performing our obligations due to an event of force majeure such natural disasters of a particular intensity, war, riots, strikes or breakdowns in the electric or telecommunication networks. If such an event occurs, we will inform you thereof without undue delay, providing a description of the said event and its impact on performance of our obligations.
III.AFTER SALE MAINTENANCE
The after-sale Maintenance Services of the Products is governed by the provisions of this Section III, in addition to Section I of these ToU. Any general terms and conditions or other commercial terms and conditions of the Customer are expressly waived.
15.1.Fee. Upon request, we may provide after-sale maintenance of Products for a fee, provided that an ad hoc agreement is specifically concluded for this type of service with you.
15.2.Maintenance Service Procedure. Once contacted by you via e-mail or through the Contact Form, we will provide instructions for the Maintenance Service. According to the information provided by you concerning the Maintenance Service needed for the Product, we will send you a quote of the estimated price by e-mail. Once you have accepted the quote and proceeded to payment, you shall return the Product to us for such Maintenance Services. We will use our best efforts to provide such services to the best of our abilities but do not and cannot warranty that defects or damages will effectively be corrected.
15.3.Limitation of Liability. Without prejudice to 5.3 of Section I of these ToU, our total liability and/or that of our directors, employees, contractors and assistants, is in any cases limited to the lowest of the total fee actually paid for the maintenance services. We accept no liability for the potential consequences that may have incorrect information given by the Customer.
15.4.Force Majeure. We will not be held responsible for the non-performance or delay in performing our obligations due to an event of force majeure such natural disasters of a particular intensity, war, riots, strikes or breakdowns in the electric or telecommunication networks. If such an event occurs, we will inform you thereof without undue delay, providing a description of the said event and its impact on performance of our obligations.
We recognize the importance of your privacy and of transparency in our processing of your personal data.
We only process your personal data if we have a valid legal ground to do so.
1.2We will only process your personal data if we have valid legal ground to do so. Depending on the processing activity carried out, we will therefore only process your personal data if:
-we have obtained your prior unambiguous consent;
-the processing is necessary to perform our contractual obligations towards you or to take pre-contractual steps at your request;
-the processing is necessary to comply with our legal or regulatory obligations; or
-the processing is necessary for our legitimate interests except where they’re overridden by your interests or fundamental rights and freedoms. Relevant ‘legitimate interests’ include: (i) to benefit from cost-effective services (e.g. we may opt to use certain Website offered by suppliers); (ii) to protect the security of our IT systems, architecture and networks; and (iii) to meet our corporate and social responsibility objectives.
2.How we collect your personal data
We collect the personal data which you provide.
2.1We collect, directly or indirectly via our partners, the personal data you provide in your correspondence with us and/or our partners, or in your use of the Website, for example, when creating and/or managing your account. Such information includes your name, date of birth, gender, address (payment and/or shipping), email, telephone numbers, invoice and/or credit card information, and any other information which we and/or our partners may request from you.
Certain personal data are also collected in an automated manner.
2.2We may also automatically collect personal data when you access and use the Website, including by means of tools, web forms, cookies and other active elements contained in our emails and/or those of our partners, such as the IP address or other user identifications on your devices, visiting date on the Website, the geolocation of your devices, the data contained in your device, the data contained in third party services (e.g. social plug-ins), your preferences, the internet sites that you visit before and after the Website, the links displayed on the Website which you select or other information related to your interaction with the Website, including with the emails sent in connection with the Website.
You can define certain authorizations and settings related to the automated collection of your personal data.
2.3You may define certain authorizations related to data collection, in particular in connection with the geolocation and your device’s right to access data contained in your device, according to the available functionalities. You may also define certain settings for the automated collection of your personal data on your web browser or through the Website by clicking here.
3.How we process your personal data
We may process your personal data by automated means but take appropriate security measures in this respect.
We do not use any automated individual decision-making and/or profiling mechanisms on the Website.
4.Purposes of Data Processing
We process your personal data to operate the Website and to provide the related services.
4.1Your personal data are collected so that Rayform may operate the Website and/or provide the services connected in accordance with the circumstances such as for fulfilling your purchases of the products sold or offered on the website, for interacting with you concerning the customization of the products and potential other services or for providing you with the requested information, or in the manner expressly indicated when the personal data concerned are collected.
We may process your personal data for advertising purposes.
We may process your personal data to improve the services and for statistical purposes.
4.3Unless you object to such processing, we may process your data for statistical purposes, for internal analysis, for the ability to ensure the Website’s stability and security and/or for the improvement of the products and services available through the Website, in accordance with data protection laws.
We may process your personal data if we have a legitimate interest or a legal obligation to do so.
4.4We may further process your personal data if we have a legitimate interest or a legal obligation to do so. This will for instance be the case if we need to disclose certain information to public authorities or retain such information for tax or accounting purposes, or the establishment, exercise or defense of legal claims.
5.Duration of Personal Data Storage
6.Communication to Third Parties
We may disclose your personal data to third parties in case this is necessary for the proper operation of the Website and the provision of the related services.
6.1We may communicate your personal data to third parties as part of operating the Website and to subcontractors such as IT systems providers, cloud service providers, database providers, automated marketing solutions providers and consultants, including BigCommerce (hosting services), Hubspot (customer relationship manager), Mailchimp (marketing), Facebook (marketing), Stripe (payments) and PayPal (payments). We may use automated marketing solutions to better target our promotional activities and in order to send you more interesting and customized information and advertising via the Internet. In this context, we may transfer some of your personal data, in particular the IP address and/or other user identifications for your devices, to the third-party suppliers of these solutions, who will process this data in accordance with their own internal data protection and privacy policies.
6.2We may also enable you to use third-party services directly from the Website, namely through social plug-ins of Facebook, Instagram and YouTube and Google Analytics, in which case you recognize that the third-party operators of these services may access some of your personal data in connection with the Website.
We may also disclose your personal data to third parties when we have a legitimate interest or legal obligation to do so.
6.3We may also disclose your personal data when we have a legitimate interest to do so, for instance to (i) any third party to whom we assign or transfer any of our rights or obligations; (ii) to competent courts or supervisory or regulatory bodies, when we must compellingly disclose your personal data, pursuant to any applicable law, regulation or order.
Your personal data may be disclosed outside of your country of residence, including to countries that do not guarantee the same level of data protection and privacy as Switzerland and the European Union.
7.1The personal data that we collect from you may be stored and processed in your region, or transferred to, stored at or otherwise processed outside your country of residence, including, in respect of residents of a country within the European Economic Area (the “EEA”) or Switzerland, in a country outside the EEA or Switzerland, including without limitation the U.S., or any other country which do not necessarily offer an adequate level of data protection as recognized by the European Commission or Switzerland. Your personal data may also be processed by staff operating inside or outside your country of residence, including staff located outside of the EEA or Switzerland, who work for us or our service providers.
7.2Where we transfer your Personal Data outside the EEA or Switzerland, we will ensure that suitable safeguards are in place to help ensure that our third party service providers provide an adequate level of protection to your Personal Data, for instance by relying on the EU-U.S. Privacy Shield Framework, the Swiss-U.S. Privacy Shield Framework, or on standard contractual clauses adopted by the European Commission.
We maintain physical, technical and procedural safeguards to keep secure your personal data.
8.2Although we take appropriate steps to protect your personal data, no website is completely secure. Therefore, we cannot guarantee that data you provide to us is safe and protected from all unauthorized third-party access and theft. We waive any liability in this respect.
8.4If we have reasonable reasons to believe that your personal data have been acquired by an unauthorized person, and applicable law requires notification, we will promptly notify you of the breach by email (if we have it) and/or by any other channel of communication (including by posting a notice on the Website).
9.Cookies and Similar Technologies
9.2We use various types of cookies or other similar technologies some of which are likely to automatically process data directly on your devices and/or to transfer data personal concerning you to us.
You may manage the cookies and similar technologies via the settings of the Website, your browser and/or your devices.
9.3If you do not want cookies to be stored on your device, you can configure your cookie settings on the Website by clicking here, in your browser or your device to refuse and/or restrict the cookies. Certain cookies are however essential to the functioning of the Website itself and its use may be altered or prevented by refusing these cookies.
9.4If you do not refuse or restrict the cookies, you consent to their use and to the processing of your personal data collected in this manner.
9.5For more information, please visit http://www.allaboutcookies.org/fr/. Please check the user help sections of your internet browser or electronic devices for specific instructions on the management of cookies.
9.7Some cookies are retained in your electronic device for only as long as you access and use the Website, while others persist for a longer specified or unspecified period. Please see the Cookie Declaration section below for a description of the cookies we use and the ability to change your preferences.The Website uses third party services or software. Many of these services may set cookies on your electronic device. You can block or remove cookies yourselves by altering the settings in the Cookie Declaration below, your electronic device or browser. Blocking these cookies is unlikely to impact on your experience of the Website.
9.8In particular, the Website uses the Cookie Google Analytics which collects information and reports website usage statistics without personally identifying individual visitors to Google. You can opt out of providing us with this information if you wish, with no impact on your experience of the Website. To opt out of being tracked by Google Analytics when using the Website: see https://tools.google.com/dlpage/gaoptout.
You have the right to access your personal data processed by us and may request without limitation that they be removed, updated, or rectified.
10.1Except as otherwise provided by law, you are entitled at all times to know if we are processing personal data concerning you. You may contact us to know the content of such personal data, verify their accuracy and request that they be supplemented, removed, updated, or rectified. You also have the right to ask us to cease processing any personal data that may have been obtained in breach of applicable law, and to object to the processing of your personal data for any other legitimate reason provided for under applicable data protection laws.
10.2By accessing your user account (if any), you can review, update, correct or delete the personal data available within your user account. If you would like us to delete your personal data from our system, please send a request to the contact details below and your request will be accommodated unless we have a legal obligation to retain the record. Please note that any information that we have copied may remain in back-up storage for some period of time after your deletion request.
10.3Where we rely on your consent to process your personal data, we will seek your freely given and specific consent by providing you with informed and unambiguous indications relating to your personal data. You may revoke at any time such consent.
10.4You may also have the right to request your personal data’s portability, i.e. that the personal data you have provided to you be returned to you or transferred to the person of your choice, in a structured, commonly used and machine-readable format without hindrance from us and subject to our confidentiality obligations, subject to applicable data protection laws.
You have the right to lodge a complaint
10.5If you are not satisfied with how we process your personal data, you may file a complaint with the competent supervisory authority, in addition to your rights outlined above.
If you believe your personal data has been used in a way that is not consistent with this policy, or if you have any questions or a request in relation to the processing of your personal data by us, please contact us at https://therayy.com/contact-us.
Date last updated: 26.08.2019