AGB and Data Protection

General Terms and Conditions

1 Scope of application

All legal transactions concluded via the online shop of www.wayke.ch (hereinafter referred to as ‘wayke.ch’) are subject to the General Terms and Conditions. This online shop is operated by Mrs Zhang Wei as a private individual. She reserves the right to change the GTC formulated here at any time. The version of the GTCs in force at the time of the order shall apply.
 

2. shop offer

All products listed in the shop and their prices are deemed to be an offer. They are valid as long as they can be found in the shop and are available (in stock). Purchases can only be made by adults of legal age and legal capacity. wayke.ch endeavours to keep the data published in the shop correct. However, there may be delays in delivery due to supply or production bottlenecks. Therefore, all information on availability and delivery times is without guarantee and may change at any time.
 

3. prices, shipping and payment methods

wayke.ch sets the prices freely and can change them at any time. The prices stated at the time of ordering and on the website apply.

If prices are incorrectly stated, wayke.ch can inform the buyer before shipping to agree on a price correction or to cancel the order. The prices are quoted exclusively in Swiss francs (CHF), payment can currently be made by bank transfer, TWINT and Paypal. These payment methods may change at any time. The invoice is to be paid exclusively in Swiss francs (CHF) and immediately when or after sending the order. If necessary, payment can be made in cash on collection. The shipping costs are calculated and shown separately from the offer price.
 

4. purchase or conclusion of contract

The purchase is concluded when the order is sent (online) and accepted by wayke.ch, provided that the order form is filled out completely, correctly and truthfully and that these GTCs are accepted. The sale will be indicated by an automatically generated order confirmation by e-mail, subject to delivery availability and correct pricing.
 

5 Availability, delivery or collection and obligation to check

wayke.ch endeavours to deliver quickly and sends backorders without additional shipping costs. If additional shipping costs are incurred due to an incorrect delivery address or incorrect address data, these costs shall be borne in full by the buyer. Unless otherwise agreed, wayke.ch sends national and international orders by Swiss Post.
 

If a product is no longer available and can no longer be procured or produced by wayke.ch, wayke.ch can withdraw from the contract. However, it will fully refund any payments already made by the buyer for the product in question.
 

If the buyer does not accept the delivered goods, wayke.ch can withdraw from the contract, cancel the order and charge the buyer a processing fee of 15%, but at least CHF 30. If fees have been charged to third parties (e.g. payment processors) as part of the order, these will not be refunded.
 

The delivered or collected products must be checked by the buyer immediately after acceptance for completeness, correctness and delivery damage. If there is a defect, wayke.ch must be notified within 7 calendar days. The product must be in its original condition and packaging for a return.
 

6. right of withdrawal and cancellation

It applies exclusively to purchases of goods at the regular price. There is no right of return for digital products or products at reduced prices.
 

7 Warranty

A warranty claim can only be asserted by the purchaser on presentation of the proof of purchase. There is no warranty claim for damage caused by improper handling or for defects attributable to external influences. This could be, for example, damage caused by the elements, moisture damage, fall and impact damage or damage caused by modifications. wayke.ch can fulfil the guarantee by replacing the product as good as new.
 

8. exclusion of liability

wayke.ch is only liable for the guarantees listed under point 7, any further liability is excluded, in particular liability for damage that has not occurred to the products themselves. This may include indirect and consequential damages such as loss of profit, unrealised savings or damages resulting from delays in delivery.
 

9. data protection

wayke.ch only collects personal data that is necessary for the conclusion of the contract. These will not be processed further without the separate consent of the buyer. The data will only be passed on to third parties if this is necessary for the processing of the order. In the case of a delivery, for example, this concerns the logistics partner or, in the case of payment processing, the relevant financial service provider. Detailed information on the data protection provisions can be found on the corresponding online publication of wayke.ch.
 

10 Application of law and place of jurisdiction

The relationship between wayke.ch and the buyer is exclusively subject to Swiss law. The place of jurisdiction is the city of Lucerne, Canton of Lucerne, Switzerland.
 

Version GTC of 17 July 2024

 

Data protection

General information

Based on Article 13 of the Swiss Federal Constitution and the data protection provisions of the Swiss Confederation (Data Protection Act, DSG), every person is entitled to protection of their privacy and protection against misuse of their personal data. The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.

 

By using this website, you consent to the collection, processing and use of data in accordance with the following description. This website can generally be visited without registration. Data such as pages accessed or names of files accessed, date and time are stored on the server for statistical purposes without this data being directly related to your person. If personal data (e.g. name, address or e-mail addresses) is collected on our website, this is always done on a voluntary basis as far as possible.

 

Processing of personal data

Personal data is any information relating to an identified or identifiable person. A data subject is a person about whom personal data is processed. Processing includes any handling of personal data, regardless of the means and procedures used, in particular the storage, disclosure, procurement, deletion, retention, modification, destruction and use of personal data.

 

We process personal data in accordance with Swiss data protection law. If and insofar as the EU GDPR is applicable, we also process personal data on the following legal bases in conjunction with Art. 6 (1) GDPR:

lit. a) Processing of personal data with the consent of the data subject.

lit. b) Processing of personal data for the fulfilment of a contract with the data subject and for the implementation of corresponding pre-contractual measures.

lit. c) Processing of personal data to fulfil a legal obligation to which we are subject under applicable EU law or under applicable law of a country in which the GDPR is applicable in whole or in part.

lit. d) Processing of personal data to protect the vital interests of the data subject or another natural person.

lit. f) Processing of personal data for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by the fundamental freedoms and rights and interests of the data subject. Legitimate interests include, in particular, our business interest in being able to provide our website, information security, the enforcement of our own legal claims and compliance with Swiss law.

We process personal data for the duration required for the respective purpose or purposes. In the case of longer-term storage obligations due to legal and other obligations to which we are subject, we restrict processing accordingly.

 

cookies

This website uses cookies. These are small text files that make it possible to store specific information relating to the user on the user's device while the user is using the website. In particular, cookies make it possible to determine the frequency of use and the number of users of the pages, to analyse behaviour patterns of page use, but also to make our offer more customer-friendly. Cookies remain stored beyond the end of a browser session and can be retrieved when you visit the site again. If you do not wish this to happen, you should set your Internet browser to refuse to accept cookies.

 

Please note that in this case not all functions of this online offer can be used.

 

With SSL/TLS encryption

This website uses SSL/TLS encryption for security reasons and to protect the transmission of confidential content, such as enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from ""http://"" to ""https://"" and by the lock symbol in your browser line.

If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.

 

Contact form

If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.

 

Disclaimer

All information on our website has been carefully checked. We endeavour to ensure that the information we provide is up-to-date, correct and complete. Nevertheless, the occurrence of errors cannot be completely ruled out, so that we cannot assume any liability for the completeness, correctness and topicality of the information, including journalistic and editorial information. Liability claims relating to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded.

 

The publisher may change or delete texts at its own discretion and without prior notice and is not obliged to update the contents of this website. The use of or access to this website is at the visitor's own risk. The publisher, its customers or partners are not responsible for any damages, such as direct, indirect, incidental or consequential damages, allegedly caused by visiting this website and consequently assume no liability for such damages.

 

The publisher also accepts no responsibility or liability for the content and availability of third-party websites that can be accessed via external links from this website. The operators of the linked sites are solely responsible for their content. The publisher therefore expressly distances itself from all third-party content that may be relevant under criminal or liability law or offend common decency.