Terms of service

EMAYA Sàrl – Terms and Conditions of Sale

Welcome to EMAYA Sàrl (“EMAYA”, “we” or “us”). The following terms, read together with any policies and notices we refer to within them (the “Terms”), govern your access to our website at www.emaya.ch (the “Website”) and any purchase of our products through it (the “Products”). They form the agreement between you and us whenever you shop with EMAYA.

By browsing the Website or placing an order, you confirm that you accept these Terms as they stand at that moment.

1. Reading and applying these Terms

1.1 Before you order. Please go through these Terms carefully before confirming any purchase. They explain who we are, how an order becomes a binding contract, how either of us may change or bring that contract to an end, what happens if something goes wrong, and a number of other practical points.

1.2 Layout and changes. The headings are there purely to help you find your way around the text. We suggest keeping a saved or printed copy for your own reference. We may revise these Terms from time to time at our discretion; the version that counts for any given order is the one published on the Website when you place it, so it is worth checking back before each purchase.

1.3 Documents that go alongside these Terms. The following also apply to your relationship with us and should be read together with these Terms:

(a) our Privacy Policy, which explains how we handle your personal data in line with the Swiss Federal Act on Data Protection (FADP) – please read it with care; and

(b) our Website Terms of Use, which set the ground rules for using the Website itself.

2. Who we are

EMAYA Sàrl is a limited liability company entered in the commercial register of Geneva, with its registered office at Rue de rive 4, Geneva, 1204, Switzerland. Our business identification number (UID) is CHE-201.590.628 and our VAT number is CHE-201.590.628 VAT.

3. Our Products

3.1 What we show you. We take care to describe our Products as faithfully as we can, but we cannot promise that every detail is complete or free of error – if anything is unclear, our customer service team is happy to help. Photographs are illustrative only: screens vary, so colours, proportions and finishes may not appear exactly as they do in reality, and packaging can differ from the images shown. Should a Product reach you not matching its description, faulty, or falling short of the quality you could reasonably expect, you are entitled to return it; section 7 and our Return Policy explain how.

3.2 Specification updates. From time to time a Product’s specification may be adjusted. Where that happens, we will try to reach you and propose an alternative of equal or higher quality at the same price. If that alternative does not suit you, we will refund the item that was no longer available.

4. Placing an order and prices

4.1 Eligibility. To order, you must be at least 18, have the legal capacity to act, and hold a valid credit or debit card. In placing an order you confirm that the information you give is true and complete, that you are entitled to enter into the purchase, that the card used is yours to use, and that it carries sufficient funds for the order.

4.2 Checking your order. Each step of the checkout lets you review what you have entered and put right any mistakes. Because accuracy is your responsibility, please look over the details carefully – once payment has gone through and your order is accepted, we can no longer amend it.

4.3 Acknowledgement is not acceptance. After you check out, we send an email acknowledging your order. This simply confirms receipt; it does not mean we have accepted the order. There are occasions where we cannot proceed, typically because:

(a) the Products are out of stock;

(b) payment could not be authorised or confirmed;

(c) you are not permitted to purchase the Products (for example, an age requirement applies); or

(d) the price or description shown contained an error.

4.4 When the contract forms. Your order is accepted only once we send a separate confirmation email (the “Order Confirmation”). That message sets out the Products ordered along with information on your right to withdraw (see section 7). From that point a binding contract exists between us (“Your Contract”) and we arrange dispatch.

4.5 Adjusting prices. We may revise our prices at any time, but never after an Order Confirmation has been issued for the Products in question.

4.6 Errors in price or description. Despite our best efforts, occasional mistakes in pricing or description can slip through. If we spot one affecting your order, we will let you know promptly and give you the choice of either confirming the order on the corrected terms or cancelling it. If we do not hear back from you within a reasonable time, we will treat the order as cancelled and refund you in full as soon as we can.

4.7 Delivery charges. Unless the Website says otherwise, delivery is charged on top of the Product price. The amount depends on what you order and where it is going, and is always shown at checkout before you commit to the order.

4.8 Cross-border orders, duties and taxes. Deliveries outside Switzerland may attract different tax rules and additional charges, and you may be asked to settle import duties when your parcel arrives. We will indicate at checkout whether such duties are covered. Where they are not, they fall outside our control and we cannot estimate them – they are your responsibility, and your local customs office can give you the details before you order.

5. Payment

5.1 Currency and tax. Prices are shown in Swiss francs (CHF) and include Swiss VAT where it applies, but exclude delivery unless stated. For orders shipped outside Switzerland, Swiss VAT is removed where applicable.

5.2 When to pay. Payment falls due at the time you place the order.

5.3 How to pay. We take the credit and debit cards shown on the Website. We are unable to accept cash, cheques or other payment methods.

6. Delivery

6.1 Delivery information. Your Order Confirmation states the delivery address and an estimated date. We aim to meet any estimate given, though you accept that delays or non-delivery can occur where events beyond our reasonable control intervene, as described in clause 9.9.

6.2 Timing. How long delivery takes depends on stock and destination. All timeframes, “same-day” included, are estimates rather than guarantees, and an order may arrive in more than one shipment.

6.3 Optional delivery arrangements. Our carrier may offer extra options at delivery – for instance releasing the parcel without a signature, leaving it with a neighbour, reception or security desk, rescheduling to a date that suits you, or redirecting it to a nearby pick-up point. If you opt for any of these, whether for a single delivery or through standing preferences set with the carrier, you accept that we carry no responsibility for any loss or damage arising from delivering your order that way.

6.4 Missed deliveries. If nobody can receive or sign for the parcel and no safe place is available, the carrier will leave a card, and it will be for you to contact them and arrange a new attempt.

6.5 International shipments. Certain Products may be restricted for some destinations, so please read the relevant product information before ordering. You are responsible for complying with the laws and regulations of the destination country, and we recommend checking with your local customs authority first. We are not liable if an order is held or delayed in customs, nor for any charges the customs authority imposes.

6.6 Identity checks. Delivery may not be possible if the carrier cannot satisfactorily confirm your identity or age, and you may be asked to show ID (such as a passport or driving licence) on receipt.

6.7 Ownership and risk. Ownership of the Products passes to you once they are paid for in full or delivered, whichever is later. Risk passes to you on delivery to the address you gave. Once delivery has been properly made we cannot entertain claims for later damage or deterioration, and we accept no liability where you supplied a wrong or invalid address or failed to collect an order that was reasonably made available to you.

7. Returns and your right to withdraw

7.1 If you think something is faulty. Please check a suspected fault before returning the item. Several of our Products have a technical side, and what looks like a defect sometimes turns out to be a setup or handling issue. We are glad to talk any such questions through with you through customer service.

7.2 Returns generally. Our Returns Policy covers how returns and exchanges work in practice.

7.3 A right we choose to give you. Swiss law does not grant a statutory cooling-off right for distance sales. As a matter of goodwill, we nonetheless offer you the option to withdraw from your order on the terms below. This goodwill right sits alongside – and takes nothing away from – your statutory protections where a Product is defective (warranty for defects under art. 197 et seq. of the Swiss Code of Obligations).

7.4 How long you have. You may withdraw from your order, without giving any reason, within 14 days of receiving the Products. For certain Products this option is not available or may be lost, as set out in clause 7.6.

7.5 Telling us. To withdraw, let us know before the 14-day window closes, either by email – quoting your name, address and order reference – or by filling in and returning the withdrawal form attached to these Terms. Our Contact page has the details.

7.6 When withdrawal does not apply. The option in clauses 7.3 to 7.5 does not extend to the following (none of which affects your rights where a Product is faulty or any other mandatory consumer right you may have):

(a) Products made to your specification or otherwise clearly personalised;

(b) Products that perish or deteriorate quickly; and

(c) Products sealed for hygiene reasons, once you have unsealed them.

7.7 Sending Products back. Where you withdraw in time, the Products must come back to us within 14 days of your notice and meet the conditions of our Returns Policy. In addition:

(a) unless free returns were offered at the time of your order, return costs are yours to bear; keep proof of return from the carrier, as without the Products arriving back in full we may be unable to refund you;

(b) we will refund you as quickly as possible, and in any event within 14 days of receiving and checking the returned Products – or sooner, from the day you show us they are on their way back;

(c) refunds go back to the original payment method. We cover standard delivery only, not any premium you paid for express or timed delivery;

(d) we may examine returned Products, and if their value has dropped because you handled them more than was needed to check their nature, features and function, we may deduct a matching amount from your refund, up to the price paid; and

(e) any taxes or import duties included in the original price will be refunded with it; where they were not included, you will need to reclaim them yourself from your local customs office.

8. Our liability to you

8.1 What we are responsible for. If we fail to meet these Terms when supplying your Products, we are liable for loss or damage that is a foreseeable consequence of that failure or our fault, within the limits Swiss law permits. Nothing in these Terms, however, restricts our liability for:

(a) death or personal injury caused by our fault;

(b) wilful misconduct or gross negligence on our part; or

(c) anything else that the law does not allow us to exclude or limit.

So far as Swiss law allows, our liability for slight negligence is excluded.

8.2 Business purchases. If you bought Products in the course of a business or trade, the liability provisions in our separate business terms apply in place of this section.

9. Further terms

9.1 Your statutory rights. As a consumer you enjoy certain mandatory rights regarding the Products you buy from us, and nothing in these Terms affects them.

9.2 Offers and promotions. We may alter or withdraw special offers and promotions at any time without notice. Promotional offers run only while stocks last and remain subject to availability.

9.3 Future changes. We may amend or add to these Terms at our discretion; the terms governing your order are those in force when you use the Website.

9.4 Transfer of our rights. We may pass our rights or hand over our obligations under these Terms to a group company or an authorised contractor, on written notice to you or by general notice on the Website, without needing your consent and without prejudice to your existing rights.

9.5 If a clause fails. Each clause stands on its own. Should any be found unlawful or unenforceable, the rest continue to apply unaffected.

9.6 No automatic waiver. If you breach these Terms and we do not act, or act only later, we keep all our rights. Any waiver on our part is valid only in writing and never implies that we will overlook a future breach.

9.7 No third-party rights. Your Contract is between you and us alone; no one else may enforce it.

9.8 The whole agreement. Your Contract under these Terms is the entire agreement between us and replaces anything agreed or stated beforehand.

9.9 Matters beyond our control. To the fullest extent the law allows, we are not liable for delay or failure in delivering your order or meeting our obligations where the cause lies outside our control. Such causes include, among others, natural disasters, accidents, war, terrorism, embargoes, civil unrest, strikes or other labour disputes, fire, flood, severe weather, earthquakes, breakdowns or interruptions in transport, governmental measures, pandemics, and failures of public or private telecommunications or transport networks. If one occurs, we will contact you as soon as we reasonably can, and our obligations will pause for as long as it lasts. Where it prevents or delays delivery by 90 days or more, either of us may cancel the order in writing, and we will refund any sums you have paid for the Products as soon as possible.

9.10 Complaints. We try to settle any dispute as soon as it arises through our complaints procedure. Please raise any concern or comment with us via the Contact page.

9.11 Governing law and jurisdiction. These Terms, Your Contract, your order and your use of the Products are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The courts in Geneva, Switzerland, have exclusive jurisdiction over any related dispute, subject to any mandatory forum the law reserves for consumers, in particular at their place of domicile.

Last updated: 19.06.2026