Terms of service

OVERVIEW

Welcome to Inklay! The terms "we", "us" and "our" refer to Inklay GmbH. Inklay operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Inklay is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

These Terms govern the purchase of Inklay hardware through this store. Your use of the Inklay app, your Inklay account, and the Inklay cloud service is governed separately by the Inklay Service Terms, which are presented in the Inklay app.

Please read these Terms of Service carefully, as they include important information about your legal rights. Nothing in these Terms limits or excludes any right you have under mandatory Swiss or EU/EEA consumer law.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least 18 years old. The Services are intended for adults only.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings. Inklay devices are made in part from wood, and natural variation in grain and colour is normal and is not a defect.

All descriptions of products are subject to change at any time without notice at our discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. Changes do not affect orders we have already accepted.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Inklay reserves the right to accept or decline your order. Your order is not accepted until Inklay confirms acceptance. In the event that we do not accept, make a change to, or cancel an order, we will notify you using the contact details provided at the time the order was made and refund any amount already paid.

Your purchases are subject to return, cancellation or exchange in accordance with our Refund Policy and with Section 7 below.

Purchases through this store are intended for end use. Resale and distribution arrangements require a separate written agreement with Inklay.

SECTION 4 - PRE-ORDERS AND DELIVERY TIMES

Some products are offered as pre-orders before the corresponding production run has been completed. Where a product is offered as a pre-order, this is stated on the product page together with the expected dispatch period.

Payment for a pre-order is taken at checkout in order to reserve your unit. You may cancel a pre-order at any time before dispatch, for any reason, and receive a full refund. To cancel, contact us at support@inklay.app.

Stated dispatch periods run from the date of your order and are our best estimate at the time of ordering. If we become aware that we cannot dispatch within the stated period, we will inform you, give you a revised date, and you may cancel and receive a full refund. This does not affect any additional rights you have under mandatory consumer law.

SECTION 5 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Prices are shown in the currency selected in the store.

Prices do not include shipping, which is shown separately at checkout, and do not include customs duties, import VAT or carrier handling fees for deliveries outside Switzerland. See Section 6.

We may offer promotions that are governed by their own terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You represent and warrant that you are authorised to use the payment method you provide.

SECTION 6 - SHIPPING AND DELIVERY

We ship from Switzerland. Delivery times stated in the store are estimates. Where a delay is caused by a shipping carrier, customs processing, or another event outside our reasonable control, we are not responsible for that delay, but your rights under mandatory consumer law remain unaffected.

For deliveries to the European Union and other destinations outside Switzerland, import VAT and a carrier handling fee are charged on delivery and are payable by the recipient. Your parcel is released once these charges are settled. We are not able to calculate or collect these charges in advance.

Where you are a consumer, risk of loss or damage passes to you when you, or a person you have designated, take physical possession of the goods.

SECTION 7 - RIGHT OF WITHDRAWAL, CANCELLATION AND RETURNS

If you are a consumer resident in the European Union or the European Economic Area, you have the right to withdraw from your purchase within 14 days without giving any reason. The withdrawal period expires 14 days after the day on which you, or a person you have designated, acquire physical possession of the goods.

To exercise the right of withdrawal, inform us of your decision by an unequivocal statement sent to support@inklay.app before the withdrawal period expires. We will reimburse all payments received from you, including the standard delivery costs, without undue delay and no later than 14 days after the day we are informed of your decision. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back.

You must send the goods back without undue delay and in any event no later than 14 days from the day you communicate your withdrawal. You bear the direct cost of returning the goods. You are liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics and functioning.

Separately from the statutory right of withdrawal, and regardless of where you live, we offer the voluntary return period set out in our Refund Policy. Discounted and promotional purchases are not excluded from the statutory right of withdrawal.

Pre-orders may additionally be cancelled at any time before dispatch as set out in Section 4.

SECTION 8 - WARRANTY AND CONFORMITY

We deliver products that conform to the contract. If a product is defective or does not conform, you have the remedies available to you under mandatory Swiss or EU/EEA consumer law, which may include repair, replacement, a price reduction, or termination of the contract.

Please inspect your order on receipt and contact us at support@inklay.app if the product is defective, damaged, or if you received the wrong item, so that we can evaluate the issue and make it right.

This warranty does not cover damage caused by use contrary to the user manual and safety instructions, unauthorised opening or modification, accident, or normal wear. The Inklay device contains a rechargeable battery; a gradual reduction in battery capacity over time is normal and is not a defect.

SECTION 9 - THE INKLAY APP AND CLOUD SERVICE

The Inklay device requires the Inklay app and the Inklay cloud service for its core functionality. Your use of the app, your Inklay account, and the cloud service is governed by the Inklay Service Terms and the corresponding privacy information, which are presented in the Inklay app, not by these Terms. Creating an Inklay account is free and no recurring subscription is required for basic cloud functionality.

SECTION 10 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Inklay, its affiliates or licensors and are protected by Swiss and international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Inklay, Shopify or any third party. All rights not expressly granted herein are reserved by Inklay.

Inklay's names, logos, product and service names, designs, and slogans are trademarks of Inklay or its affiliates or licensors. You must not use such trademarks without the prior written permission of Inklay. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 11 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. Any use by you of the optional tools offered through the site is at your own discretion, and you should ensure that you are familiar with and approve of the terms on which those tools are provided by the relevant third-party provider.

We may also, in the future, offer new features through the Services. Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 12 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

Please review the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to that third party.

SECTION 13 - RELATIONSHIP WITH SHOPIFY

Inklay is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Inklay. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Inklay, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Inklay.

SECTION 14 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 15 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that you own or have all necessary rights to all Feedback, and that your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, to pay compensation for it, or to respond to it.

We may, but have no obligation to, monitor, edit or remove Feedback that is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, will not contain unlawful, abusive or obscene content, and will not contain any computer virus or other malware. You may not use a false email address or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

Where a price or product description was obviously incorrect and you could reasonably have recognised this, we may cancel the affected order and refund any amount paid rather than fulfil it. We will notify you promptly if this occurs.

SECTION 17 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate any of our employees or any other person; (e) to transmit false or misleading information; (f) to transmit, or procure the sending of, any advertising or promotional material, including junk mail or spam; (g) to impersonate or attempt to impersonate any other person or entity; or (h) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Inklay, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorisation features, robot exclusion headers, or other measures we employ to restrict access to the Services.

Where you materially or repeatedly breach these Terms, we may restrict, suspend or terminate your access. Except in cases of clear abuse, fraud, a legal requirement or an urgent security threat, we will normally give you notice and a reasonable opportunity to correct the issue first.

SECTION 18 - AGENTS

18.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

18.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in Section 18.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from doing so.

18.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

18.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interaction is from an Agent, such as by mimicking human behaviour and interaction patterns, or by completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 19 - TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) where reasonably necessary because of a material or repeated breach of these Terms, unlawful activity, or a risk to the Services, to Inklay, or to other users. You will remain liable for all amounts due up to and including the date of termination. Termination does not affect orders we have already accepted or your rights in respect of products already purchased.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 20 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.

Except as expressly stated by Inklay and subject to the paragraph below, the Services are provided "as is" and "as available" without any representation, warranty or condition of any kind, either express or implied. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.

Nothing in this section excludes or limits our obligations in respect of the conformity of the products you purchase, or any warranty, guarantee or remedy that cannot be excluded or limited under mandatory Swiss or EU/EEA consumer law. Section 8 sets out your rights in respect of defective products.

SECTION 21 - LIMITATION OF LIABILITY

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for intentional misconduct or gross negligence, under applicable product liability law, or for any other liability that cannot be limited or excluded under mandatory law. Consumers retain all mandatory rights under applicable Swiss and EU/EEA law.

Subject to the paragraph above, and to the fullest extent permitted by law, Inklay, its partners, directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and those of Shopify and its affiliates, shall not be liable for any indirect, incidental, punitive, special, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of the Services or any products procured using the Services.

For business users only, and to the extent permitted by law, Inklay is not liable for indirect or consequential losses, lost profits, lost revenue, lost business opportunities, or business interruption.

SECTION 22 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Inklay, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. This section does not apply to you where you are acting as a consumer.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defence and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 23 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 24 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us regarding your purchase of Inklay hardware through this store, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written. This does not affect the separate Inklay Service Terms referred to in Section 9.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 25 - ASSIGNMENT

You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations as part of a merger, restructuring, or transfer of the Inklay business, provided that your mandatory rights are not reduced.

SECTION 26 - GOVERNING LAW AND DISPUTES

These Terms of Service are governed by Swiss law, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. The courts at the registered office of Inklay GmbH have jurisdiction, subject to any mandatory right of a consumer to rely on the laws or courts of their country of residence. Nothing in these Terms removes mandatory consumer protections available under Swiss or EU/EEA law.

If you are a consumer resident in the European Union, the European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

SECTION 27 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 28 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Changes do not apply retroactively to orders we have already accepted.

SECTION 29 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to us at support@inklay.app.

Inklay GmbH
Steinackerstrasse 1
5210 Windisch
Switzerland
support@inklay.app
Commercial register number (UID): CHE-343.893.064