Terms and Conditions of sale
These general terms and conditions of sale apply to all orders placed on this website, by email or telephone. www.mayamaya.ch is operated by:
Swiss Outdoor Lifestyle AG
Commercial register number: CHE-131.245.259
VAT number: CHE-131.245.259 MWST
This document (together with the documents it refers to) describes the terms and conditions for placing orders and on which we supply any items (the "Items") listed on mayamaya.ch to you. Please read the following terms and conditions carefully.
How to place an order
After you select one/more of our Items in the store section of mayamaya.ch, you have to choose the size and color. On each product page you can find our size chart, which helps you to decide on the right size for you. After you selected the size and color, please add the quantity you wish to order as well. The selected Item(s) can be then transferred to your shopping cart by clicking on the "add to shopping bag" button. You can also save the item if you wish to purchase it another time by clicking on the "add to favourites" icon. You can either add more Items to your cart or proceed to the checkout by clicking on the "checkout" button located at the upper right corver of the page.
By clicking on the "checkout" button you will see your order overview. If your order is correct you have to click on "proceed to next step". In case your order is not correct, you can delete certain items from your cart by using the X button next to the item or you can change the quantity here as well.
If you are a registered cutomer and you are already logged in you will see your saved invoicing and shipping address within the next step. If you have more addresses saved, you can choose which one should be used or you can add here directly a new address. Choose the shipping methon and click on "proceed to next step".
If you are a registered customer but you are not logged in yet, you can enter your log in data and proceed like written above.
If you are not a registered customer you have the possibility to proceed your order without registration by giving only you email address and click on "continue without registration". Registration is possible as well at this step and it's recommended due to the possible discounts you might receive with it.
If you are not a registered customer and you do not wish to register you will need to provide your name, address and email address to proceed.
Choose the payment method how you wish to pay for your item(s) then click on "proceed to next step".
You will see a final overview of your order. If there is anything you would like to change (delivery address, invoicing address, item...) you will have to go back to the previous steps and proceed with the changes there. If your order is correct, click on "send your order" button.
Provide your payment informations and click on "pay..." button. At this step you can still change your chosen payment method by clicking on "change payment method" button.
Your order is submitted. You will receive an order confirmation to your email immediately. After proceeding your order you will receive a payment confirmation email as well as a tracking number to follow your shipment.
Please note that all orders are subject to acceptance by us. Your order is not confirmed until you receive the payment confirmation email. The payment confirmation email forms the contract between you and us. The contract will only relate to those Items which dispatch we have confirmed in the payment confirmation email. We will not be obliged to supply any other Items which may have been part of your order but we didn't confirm in our payment confirmation email.
Your order will be shipped out by the date set in the payment confirmation email or if no date is specified then within 30 days upon the date of our payment confirmation, unless there are exceptional circumstances.
We don't sell products for children and do not allow children to purchase products by themselves from mayamaya.ch. We only sell products to adults, 18 years and older. All service and product orders are subject to our acceptance. Accordingly, we reserve the right to refuse service for transactions, terminate accounts, remove or edit content, or cancel orders in our sole discretion, including without limitation, if we believe that the user conduct violates applicable law or is harmful to the interests of mayamaya or it's affiliates.
The product prices are as displayed on the website, except in case of obvious error. The pricing is global and is available in 3 currencies: EUR, US$ and CHF. You have the right to choose the currency you prefer. In case you are our member, you will be automatically connected to the currency related to your country:
EUR: European Union member states and: Norway, Iceland, Bosnia and Herzegowina, Serbia, Macedonia, Albania
US$: USA, Canada, Middle and South America, Australia and the rest of the world
The product prices displayed on the website are including Value Added Tax (VAT). The VAT rate can vary from country to country. We guarantee free shipping worldwide.
We reserve the right to modify prices at any time without notice. Changes will not affect orders which have been already confirmed.
Payments can be processed by the payment methods Braintree Gateway can provide (credit/debit card, paypal, Apple Pay, Android Pay). Mayamaya will not charge any additional amount for any of the payment methods listed above. However we do not take responsibility for charges which might occure (taxes, currency changes, ...) on the side of our customer, and/or it's payment provider.
The payment is processed thought a secure payment service (Braintree Gateway). We do not view, have access to or store your financial informations.
Reservation of ownership
The ownership of the Items will be transferred to you when we receive the full payment for your chosen products. All purchased Items are transported and delivered to you by an independent carrier not affiliated with, or controlled by us. The risk of ownership of your Items is transferred to you on delivery.
Limitation of Liability
In no event will MAYA MAYA or it's affiliates or suppliers be liable for any loss of use, injuries, accidents, it's interruption, lost time or occasions, interruption in business, lost profits or indirect, special, incidential or consequential damages of any kind regardless of the form of action whether in contract, tort (including negligence), trict liability or otherwise, even if MAYA MAYA or it's affiliate or supplier has been advised of the possibility of such damage, and whether or not any remedy provided should fail of it's essential purpose.
The total cumulative liability to customer, from all causes of action and all theories of liability, will be limited to and will not exceed the purchase price of the product paid by the customer. In addition MAYA MAYA shall not be liable for customer's or any third party's wear or gear contained in, sorted on or integrated with any product of MAYA MAYA, returned or not, whether under warranty or not.
We accept no liability for any loss of income, revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if forseeable.
Mayamaya has made every effort to display as accurately as possible the colors of the products that appear on the webshop. The colors of drawings might differ from the original colors as the actual colors (photos and drawings) you see depend on your computer monitor or mobile device. As a result of this we cannot guarantee and do not warrant that the color you see in your monitor or device will be accurate.
Applicable laws require that some of the informations or communications we send to you should be in writing. By using mayamaya.ch you accept that the communication with us will be mainly electronic. We will contact you by email or provide you informations by posting news/ notices on our website. For contactual purposes you agree to this communication method and you acknowledge that all contracts, notices, informations and other communications that we provide you electronically comply with all legal requirements. This condition does not affect your statutory rights.
All notices given by you to us must be sent to email@example.com. We may give notice to you either to your email or postal address you provide by registration or by placing an order. Notice will be deemed received and properly served immediately when it's posted on our website, 24 hours after an email is sent or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove- in the case of a letter- that such letter was properly addressed, stamped and placed in the post; in case of an email, that such email was sent to the specified email address of the addressee.
Transfer of rights and obligations
These terms and conditions are binding on you and us as well as on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a contract or any of your rights or obligations arising under it without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract or any of our rights or obligations arising under it at any time during the term of the contract.
Registration as a member for access to certain areas on mayamaya.ch or in connection with recurring visits or purchasing may require an email address and/or username and/or password or adherence to other particular access requirements as designated by us. Only one user can use an email address and/or username and/or password and, thus, one account. By limiting access, it helps to avoid unauthorised usage by other persons, institutions or entities, because anyone with knowledge of your email address and/or username and/or password can gain entry to the restricted portions of mayamaya.ch and to your account.
Accordingly, by using mayamaya.ch you agree to consider your password as confidential information and to keep it confidential. You will immediately notify us if you become aware of any loss or theft of your email address and/or username and/or password or any unauthorised use of your email address and/or username and/or password. We will not be liable for any loss or damage arising from your failure to comply with these obligations.We reserve the right to delete or change a username or a password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to these terms and conditions.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under these terms and conditions that are caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport ot other means of public or private transport, impossibility of the use of public or private telecommunication networks, and the act, decrees, legislation, regulations or restrictions of any government.
Our performance of our obligations under these terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If we fail at any time during the term of a contract, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.
If any of these terms and conditions or any provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the supply of Items from mayamaya.ch and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that in agreeing to be bound by these terms and conditions, neither of us has relied on any representation, undertaking or promise given by the other or from anything said or written in negotiations between us prior to such agreement except as expressly stated in these terms and conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any order ( unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
Terms and conditions of use OR Terms and conditions of Sale
In the event of a sale, the Terms and condition of sale shall prevail. In case of conflict between the Terms and conditions of use and the Terms and conditions of sale, the Terms and conditions of sale shall prevail.
Applicable law and language
Contracts for the purchase of Items through mayamaya.ch are governed by Swiss law. Any dispute arising from, or related to such Contracts will be subject to the non-exclusive jurisdiction of the Swiss courts.
You have one month from the date mayamaya informs you of the applicability of the precending paragraph, to inform mayamaya in writing that instead of the Swiss court, you choose to have legal proceedings before the competent courts in the place where you officially reside.
The language of the Contract is English.