I.GENERAL PROVISIONS

1.Application

1.1.The RAYY. The following Terms of Use (the ToU) shall apply to the use of the online shop therayy.com (the Website), the sale and purchase of THE RAYY Jewelry and other products through the Website (the Products) and the provision of other services related to the Products (the Maintenance Services) provided by Rayform SA (CHE_224.892.715), Chemin du Closel 3, 1020 Renens (Rayform, we, us or our).

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.Intellectual Property

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.

4.Data Protection

4.1.We have established a privacy policy (the Privacy Policy), as modified from time to time, which explains how personal data is collected on the Website and used. The Privacy Policy accessible at https://therayy.com/legal is an integral part of these ToU.

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.Miscellaneous

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 info@therayy.com.

II.SALE AND PURCHASE OF PRODUCTS

7.Application

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.Products

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.Delivery

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.Warranty

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.Liability

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

14.Application

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.Maintenance Services

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.