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Terms and Conditions (GTC)  

Valid for the tokayshop.com platform. Status: 01/25/2022  

  • 1 Scope

For the business relationship between the TOKAY platform (hereinafter referred to as "Tokay, tokayshop.com", "we" or "us") and the customer for orders in the online shop, the following General Terms and Conditions (GTC) apply exclusively in the version valid at the time of the order version. Please read the terms and conditions carefully before placing an order in our online shop.  

Our offer in the online shop is aimed at consumers with a place of residence and a delivery address in Switzerland and Europe.  

We only accept orders from customers who are 18 years or older at the time the order is placed.  

All correspondence in connection with these GTC will be sent toinfo@Tokay.ch settled.  

  • 2 Eligibility for Payment

In order to be able to make payments in the online shop, you must provide your personal data. It is imperative that you provide your correct name, phone number, email address and other required information. In addition, when ordering the products, you will be asked to provide the correct payment information and to guarantee that it is correct and valid. You confirm that you are the person stated in the billing information.  

The online shop is only available to persons who meet Tokay's requirements, who have a valid credit card from a bank recognized by Tokay and who have authorized Tokay to charge their credit card for the purchase amount of the products purchased.  

  • 3 Terms of Use

You may not use Tokay:  

  • in a way that is likely to interrupt, damage or otherwise impair access to Tokay  
  • for fraudulent purposes or in connection with a criminal offense or illegal activity.Furthermore, each user is obliged to refrain from posting content or transmitting messages that or their posting  
  • are irrelevant or intentionally untrue,  
  • infringe the rights of third parties, in particular copyrights,  
  • in any other way violate applicable laws or commit a criminal offense,  
  • contain viruses or other computer programs that can damage software or hardware or impair the use of computers,  
  • Are polls or chain letters or disguised advertising, or  
  • serve the purpose of collecting and/or using personal data from other users, in particular for business purposes. Tokay reserves the right to prohibit access to and use of the Website, to close user accounts (Member Accounts), or to remove or modify any Content that violates any applicable law, these Terms of Use or any other applicable contractual terms or policies. Furthermore, Tokay can be used on social networks (Facebook, Twitter, LinkedIn, Instagram, etc.). Delete published comments and posts at any time without giving reasons and without notification. When evaluating orders, only truthful and factual information that does not contain any abusive criticism may be given.  
  • 4 Orders and Returns

ORDERS  

Our website and our online shop are merely an invitation to the customer to submit offers to conclude a purchase contract for the products presented. All orders are subject to availability and our acceptance. Tokay offers products that are ready to ship from our warehouse. It may happen that we are unable to deliver some products due to production problems or quality control at the time of your order. If this happens, we will contact you immediately via email and refund the original amount charged to your credit card within 30 days of confirmation of the non-deliverable product.  


PRICES
The prices listed on the website are in the currency displayed. Unless otherwise indicated, the price includes the statutory VAT.  


ACCEPTANCE OF YOUR ORDER
As soon as you have made your selection, collected it using the "Add to shopping cart" button and your order has been sent, this forms a binding offer to purchase the products in the shopping cart. You will then receive an e-mail with the order confirmation. This e-mail is NOT an order acceptance but merely a confirmation of receipt of your order.
The acceptance of the order and the conclusion of the contract between you and Tokay are deemed to have taken place as soon as we send you an e-mail with the order confirmation. The purchase contract is concluded in Switzerland and the language of the contract is German.
We reserve the right to refuse the order at our own discretion. We are not liable to you or third parties due to our revocation. In particular, we cannot accept the order for the following reasons: (1) In the event of non-authorization of payment; (2) for a product that is not in stock or does not meet our quality control standards and must therefore be withdrawn; (3) You do not meet the criteria set out in the General Terms and Conditions.  


SHIPPING INFORMATION
Shipping within Switzerland is carried out by Swiss Post. They cannot be delivered to PO Boxes. The General Terms and Conditions of Swiss Post Ltd also apply and can be accessed at: www.post.ch. Shipping within Germany and Austria is carried out by DHL. The General Terms and Conditions of Deutsche Post DHL Group also apply and can be accessed at: www.dhl.com  


SHIPMENT TRACKING  

If you wish, you will receive an e-mail notification with details of the Post or DHL tracking number.  

DELIVERY TIME
Estimated delivery times for Switzerland: 2-3 working days.
Estimated delivery times for Germany and Austria: 3-5 working days.  

Estimated delivery times are to be considered as a guide and begin from the date of shipment. We assume no liability for delivery delays.
The transfer of risk starts from the moment the products arrive at your premises.  


 SHIPPING
The shipping costs are listed during the online check-out and payment process.  


 PAYMENT METHODS
We only accept the payment methods shown to the customer during the ordering process.
If you pay by credit card, the corresponding amount will be debited by Tokay after your order has been shipped. With the payment, you confirm that the credit card used belongs to you or that you have specific authorization from the owner to do so. All credit and debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to pay Tokay, we will not be liable for any delay or non-delivery of the product.

RETURNS
In principle, a return is only possible 7 days (calendar days) after receipt of the goods. The date of the postmark or the delivery of the collection invitation is decisive. After this period, a return is no longer possible. We recommend that you check the item immediately upon receipt and, if desired, send it back immediately. The following conditions also apply: (1) the item is undamaged and unworn, (2) the item is in its original, undamaged packaging, (3) any accessories supplied and/or products given away by Tokay are complete.
If all these conditions are met, we will refund you the purchase price paid or cancel the associated invoice. In general, the shipping costs for returning unwanted items are to be borne by the customer or sender. The item must be securely packaged by the customer for return. An item must be returned in its original packaging and complete with all accessories.  

ADDRESS RETURNS  

RETURNS:  

Tokay
Central Street 45
6003 Lucerne  


 DEFECTIVE PRODUCTS / MISDELIVERY
Please check the products you receive from us for defects immediately upon receipt. Products are defective if they arrive damaged or have a material or manufacturing defect. Customary or technically unavoidable, material-related deviations in quality, colour, size or design of the product do not constitute defects. This also applies to natural wear and tear.  


 EXCHANGE
We do not offer a right of exchange. However, you can make use of your right of return (see chapter "Returns").  

 

  • 5 colors

We make every effort to display the colors of the products on our website as accurately as possible. However, because computer screens have different image resolutions, we cannot guarantee that your screen resolution will accurately represent all colors.  

  • 6 Data processing

We will only process personal data in accordance with our applicable data protection guidelines.  

  • 7 Changes to Terms and Conditions

Tokay reserves the right to change these terms and conditions at any time and without giving reasons. Customer is subject to the Terms and Conditions in effect at the time Customer uses Tokay.
During the ordering process, the customer only agrees to the Tokay terms and conditions mentioned here and the terms and conditions of the respective shops mentioned in the ordering process. Other conditions do not apply.  

  • 8 No waiver

If the Customer violates these Terms and Tokay does nothing, this does not constitute a waiver of Tokay's rights. Tokay is also entitled to exercise its rights on any other occasion where you breach these Terms of Use.  

  • 9 Governing Law and Venue

Swiss law applies to the exclusion of the UN Sales Convention (CISG). The exclusive place of jurisdiction, subject to any legally binding places of jurisdiction, is Zurich.
Violation of these T&Cs (including the Privacy Policy) may result in loss of membership and access to Tokay.