1. Scope of application
The zoo.ch website (hereinafter «Website») is operated by Zoo Zürich AG. The Online Shop Zoo.ch/onlineshop (hereinafter «Zoo Zurich Online Shop») contained thereon is operated by Zoo Zürich AG and Zoo Restaurants Zürich GmbH (hereinafter referred to together as «Zoo Zurich»). Unless expressly provided otherwise, these GTCs shall also apply to the use of the Zoo app. The term «website» thus also includes the Zoo app for the purposes of these GTCs.
The following General Terms and Conditions (GTCs) apply to the use of the website and the Zoo Zurich Online Shop as well as to the business relationship between Zoo Zurich and its Customers in the version that is currently available and valid when retrieving the website, the Zoo Zurich Online Shop or ordering goods. They form an integral and complementary part for all bookings made via the website as well as the Zoo Zurich Online Shop.
A Customer is any natural or legal person who has a business relationship with Zoo Zurich. The GTCs may be subject to adjustments from time to time. Zoo Zurich asks that you read these terms carefully each time you visit the website, the Zoo Zurich Online Shop and order goods.
These GTCs apply exclusively. By using the website and the Zoo Zurich Online Shop or by ordering goods, the Customer confirms that he/she fully accepts these General Terms and Conditions, including the terms of delivery and payment.
Should individual provisions of these GTCs prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
In addition to or together with these GTCs, the «GTCs Zoo Zürich AG» shall also apply to bookings made via the website, which shall apply to all contractual relationships irrespective of the sales channel. The «Terms and Conditions Events, Courses and Seminars” apply in addition to booked events, guided tours, seminars and courses. The following GTCs include exclusively web pages and specific provisions for the Online Shop.
Any other terms and conditions of the contract, including but not limited to those declared applicable by the Customer together with the acceptance of the contract, shall only be valid if and to the extent they have been expressly accepted by Zoo Zurich in writing.
It is up to the Customer to register for the website or to make a booking without registration. However, certain functions of the website and the Zoo Zurich Online Shop are only available to registered Customers.
When registering, the Customer is obliged to provide truthful information about himself/herself. Zoo Zurich reserves the right to delete accounts or block a user's name and password at any time and without giving reasons.
3. Information on the Website and in the Zoo Zurich online Shop
The website and the Zoo Zurich Online Shop contain information about products and services. We reserve the right to make price and product range changes as well as technical changes. All information on the website and in the Zoo Zurich Online Shop (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relations and other information) are to be understood as approximate values only and in particular do not represent any assurance of properties or guarantees. Zoo Zurich makes every effort to ensure that all details and information on the website and in the Zoo Zurich Online Shop are correct, complete, up to date and clearly laid out, but Zoo Zurich cannot guarantee this either explicitly or implicitly. In particular, Zoo Zurich excludes any liability for typographical errors, incorrect or incomplete information and representations.
All offers on the website and in the Zoo Zurich Online Shop are subject to change and are not to be understood as a binding offer.
Zoo Zurich endeavors to ensure the best possible availability of the services offered on the website and in the Zoo Zurich Online Shop, but cannot guarantee that the products listed will be available at the time the order is placed. Therefore, all information on availability and delivery times are without guarantee and may change at any time and without notice.
Unless otherwise stated, the prices quoted on the website and in the Zoo Zurich Online Shop include statutory value-added tax, any advance recycling fees (VRG) and copyright levies on electronic equipment. Prices are quoted net in Swiss francs (CHF).
The shipping and packaging costs of Fr. 5 or Fr. 9 will be charged additionally, unless otherwise provided for, and are to be paid by the Customer. Shipping costs are shown separately in the order process.
We reserve the right to make technical changes, errors and misprints. In particular, Zoo Zurich may change prices at any time without prior notice. The sales prices do not include consulting and support services.
5. Conclusion of contract
The offers on the website and in the Zoo Zurich Online Shop represent a non-binding invitation to the Customer to order products and/or services from the Zoo Zurich Online Shop. By placing an order, the Customer makes a legally binding offer to conclude a contract. A binding order shall only be triggered once the Customer has entered all the data required to execute the contract, has confirmed that he/she has read and understood the «GTCs Zoo Zürich AG» and these GTCs and has clicked on the «Pay» button. Until this button is clicked, the Customer can initially place services in the shopping cart without obligation and change the data provided at any time by using the correction tools provided and explained for this purpose in the order process.
Zoo Zurich will then send an automatic «Order Confirmation» by email, which confirms that the Customer’s order has been received by Zoo Zurich Online Shop. Orders placed are binding for the Customer. Unless stated otherwise, there is no right of return or withdrawal.
The contract is concluded as soon as Zoo Zurich has sent the «Order Confirmation» by email. The contract is only concluded for those services that are expressly listed in the confirmation. This also conclusively determines the scope of services.
Orders will be shipped only after full payment is received and if the goods are available. If the ordered goods are not available because Zoo Zurich is not supplied by its reliable supplier through no fault of its own despite having placed a congruent order, Zoo Zurich shall inform the Customer thereof without delay. Zoo Zurich shall thereby be released from its obligation to perform and may withdraw from the contract. If the Customer has already made payments, these will be refunded.
Subject to its own supply, Zoo Zurich will ensure prompt delivery. If part of the order cannot be delivered immediately because Zoo Zurich is not supplied in time by its reliable supplier through no fault of its own, despite the placement of a congruent order, Zoo Zurich shall deliver the remaining goods subsequently without charging shipping costs again, insofar as this is reasonable for the Customer.
6. Payment options and retention of title
The Customer can use the payment options specified in the order process:
a) Electronic payment methods
Credit card (Visa, Mastercard, American Express), TWINT and debit card (Postcard) are accepted as methods of payment. In case of payment by credit card as well as debit card, the debit will be made after the shipment of the goods.
When placing the order, the Customer also provides his credit card details. Immediately after the order has been placed, Zoo Zurich will request the Customer's credit card company to initiate the payment transaction upon proof of legitimacy as a lawful cardholder. The payment transaction is carried out automatically by the credit card company and the card is charged.
b) Purchase on account
Zoo Zurich Online Shop may offer payment on account at its discretion. It may make this method of payment dependent on a positive credit check as well as other conditions determined at his own discretion (e.g. minimum age, Swiss domicile). The Customer has no right to payment on account or payment by installments.
The Customer acknowledges that a credit check may be carried out as part of the conclusion of the contract and that personal data may be recorded for this purpose and passed on to Intrum AG, which is commissioned to carry out the credit check.
In case of payment against invoice, the Zoo Zurich Online Shop assigns the purchase price claim to the payment partner Byjuno AG. The payment will be processed by Byjuno AG and the Customer will receive the invoice directly to the email address provided with the order. If the Customer orders a physical invoice, Byjuno AG will charge an additional fee of CHF 4. The invoice amount must be paid directly to Byjuno AG within 20 calendar days of the invoice date. In the event of late payment, interest on arrears and processing fees will be charged. The GTCs of Byjuno AG apply. By placing the order, the Customer agrees to this assignment of claims.
Zoo Zurich reserves the right to exclude Customers from individual payment options or to insist on payment in advance without giving reasons.
Zoo Zurich may charge interest on arrears and reminder fees in the event of late payment by the Customer.
Discounts or vouchers will only be accepted under the conditions shown on the voucher. A voucher code or value is entered during the payment process. Discounts not claimed in this context cannot be granted subsequently. Discounts cannot be accumulated.
7. Retention of title
Until full payment of the respective invoice amount of a delivery (final and unconditional crediting of the total purchase price), Zoo Zurich shall retain title to the delivered goods in any case. Zoo Zurich is entitled to make a corresponding entry in the retention of title register (Eigentumsvorbehaltsregister of Zurich). If the Customer is a businessman exercising a commercial or independent professional activity, a legal entity under public law or a special fund under public law, Zoo Zurich shall retain title to the goods until all outstanding claims arising from the business relationship with the Customer have been settled. The corresponding security interests are transferable to third parties. The Customer shall only have the right to offset if its counterclaims have been legally established, are undisputed by Zoo Zurich or are ready for decision. Furthermore, the Customer shall only have a right of retention if and to the extent that his/her counterclaim is based on the same contractual relationship. In the event of defects in the delivery, the Customer's counter-rights shall remain unaffected.
8. Damages during transport
If goods are delivered with obvious transport damage, the Customer should complain about such defects to the delivery company as soon as possible and contact Zoo Zurich immediately. Failure to make a complaint or to contact us shall have no consequences whatsoever for the Customer's statutory claims and their enforcement, in particular his warranty rights. However, the Customer shall assist Zoo Zurich in asserting its own claims against the carrier or transport insurance company.
9. Delivery, obligation to inspect, notice of defects and return shipment
Deliveries are made in 5-7 business days by mail (shipping method: Post Economy) at the delivery costs mentioned under Clause 4 to the address specified in the order within Switzerland as well as to the Principality of Liechtenstein. Although this website is primarily aimed at Customers with a delivery address in Switzerland or Liechtenstein, orders from abroad are accepted. The shipping costs abroad are Fr. 35. In the purchaser's country, additional VAT and customs charges may apply to orders from a country other than Switzerland or Liechtenstein. Invoices will be sent by email or regular mail. The benefit and risk shall pass to the Customer upon shipment, to the extent that this is admissible by law.
If the delivery cannot be delivered or if the Customer refuses to accept the delivery, Zoo Zurich may terminate the contract after notifying the Customer by email and setting a reasonable deadline, as well as charging the Customer for the costs of the inconvenience.
The Customer is obligated to inspect the delivered goods immediately upon receipt of the delivery and to report any defects for which Zoo Zurich provides a warranty immediately in writing by letter or email to the address in the imprint. If the Customer fails to do so, the goods shall be deemed approved. Approval shall be deemed to have been granted in any case unless the Customer files a complaint within eight days of delivery. Defects that could not be detected during proper inspection according to the above paragraph must be reported immediately after discovery in writing by letter or email to the address in the imprint, otherwise the ordered goods shall be deemed approved also with regard to these defects. In this case, the return shipment to Zoo Zurich shall be at the expense and risk of Zoo Zurich.
General returns to Zoo Zurich are at the expense and risk of the Customer. The Customer can return orders from the Zoo Zurich Online Shop to the address given in the imprint as follows:
Entrance Vouchers & Gift Cards
Admission vouchers and gift cards can be returned within seven working days.
Zooshop products must be returned in original packaging within seven business days if they are not liked or the sizes are incorrect.
Zoo Zurich Face Mask
Since the Zoo Zurich face mask is a hygiene article, it is not possible to return this item.
If the inspection by Zoo Zurich reveals that the goods have no detectable defects or that they are not covered by the manufacturer's warranty, Zoo Zurich may charge the Customer for the effort involved, the return shipment or any disposal.
Zoo Zurich strives to deliver goods of impeccable quality. In the case of defects notified in due time, Zoo Zurich warrants the purchased item to be free of defects and functional for the statutory warranty period of, as a rule, two years from the date of delivery. Zoo Zurich shall have the discretion to provide warranty service by repair free of charge, replacement of equal value, or refund of the purchase price. Goods returned by Customers become the property of Zoo Zurich again. If there is a failure to fulfill the warranty, the Customer is entitled to withdraw from the contract. This does not apply in the case of immaterial defects. There is no right to price reduction. This exclusion of warranty also extends to all claims competing with the warranty rights, be it those arising from contract (Art. 97 et seq. CO, Swiss Code of Obligations (OR, Obligationenrecht)), tort (Art. 41 et seq. CO), rescission of the contract due to error (Art. 23 et seq. CO.) etc.
The warranty does not cover normal wear and tear, the consequences of improper handling or damage by the Customer or third parties, or defects caused by external circumstances. Likewise, the warranty for consumable and wear parts (e.g. batteries, rechargeable batteries, etc.) is excluded.
Zoo Zurich is unable to provide any assurances or guarantees for the up-to-dateness, completeness and correctness of the data as well as for the constant or undisturbed availability of the website and the Zoo Zurich Online Shop, their functionalities, integrated hyperlinks and further contents. In particular, no representation or guarantee is made that the use of the website and the Zoo Zurich Online Shop will not infringe rights of third parties not owned by Zoo Zurich.
The Customer does not receive any guarantees in the legal sense from Zoo Zurich. Manufacturer's guarantees remain unaffected by this, of course.
Zoo Zurich also assumes no liability for the descriptions of third parties, in particular other Customers in the context of the Customer reviews published in the Zoo Zurich Online Shop or our social media presences.
11. Right of revocation
The Customer is granted a right of revocation for eight calendar days after receipt of the goods. The deadline is considered met if the Customer sends the written revocation by email or letter to the address given in the imprint within the deadline. The revocation does not require any justification.
The exercise of the right of revocation leads to a reversal of the contract. The Customer must return the goods within eight calendar days in their original packaging, complete with all accessories and together with the delivery note to the address given in the imprint. Returns to Zoo Zurich are at the expense and risk of the Customer. Any payment already made shall be refunded to the Customer within 30 calendar days, provided that Zoo Zurich has already received the goods back or the Customer can provide proof of dispatch.
Zoo Zurich reserves the right to demand reasonable compensation for damage, excessive wear and tear or loss of value due to improper handling and to deduct the reduction in value from the purchase price already paid or to invoice the Customer.
No right of revocation is granted in the following cases:
- If the contract has a random element, namely because the price is subject to fluctuations over which the provider has no control;
- If the subject of the contract is a movable item which, due to its nature, is not suitable for return or may spoil quickly;
- If the subject of the contract is a movable item that is manufactured according to the Customer's specifications or is clearly tailored to personal needs;
- If the subject matter of the contract is digital content and this content is not provided on a fixed data carrier or if the contract is to be performed in full by both contracting parties immediately;
- If the subject matter of the contract is a service and the contract is to be fully performed by the provider with the prior express consent of the Customer before the withdrawal period has expired;
- In the areas of accommodation, transportation, delivery of food and beverages, and recreational activities, if the provider undertakes at the conclusion of the contract to provide the services at a specific time or within a specified period.
The cancellation provisions according to the «GTCs Events, Courses and Seminars» apply for the booking of events, guided tours, courses and seminars, if such are bookable via the website.
To the fullest extent permitted by law, Zoo Zurich excludes all liability, regardless of its legal basis, as well as claims for damages against Zoo Zurich and any auxiliary persons and vicarious agents. In particular, Zoo Zurich shall not be liable for indirect damages and consequential damages, loss of profit or other personal injury, property damage and pure financial loss of the Customer. Any further mandatory legal liability, for example for gross negligence or unlawful intent, shall remain reserved.
In particular, Zoo Zurich accepts no liability for Internet failures, damage caused by third parties or imported data of any kind (viruses, worms, Trojan horses). Any liability for loss of profit, business interruption, loss of programs or other data in the Customer's information systems is also excluded. This also applies if the possibility of such damage is expressly pointed out.
On the website and in the Zoo Zurich Online Shop, hyperlinks are only used to simplify the Customer's access to other websites. Zoo Zurich can neither know the content of these web offers in detail nor assume liability or other responsibility for the content of these websites.
In all other respects, all cases of breach of contract and their legal consequences as well as all claims of the Customers, irrespective of the legal grounds on which they are based, are conclusively regulated in these GTCs, the «GTCs Zoo Zürich AG» and the «GTCs Events, Courses and Seminars».
13. Data protection
The use of the website and the Zoo Zurich Online Shop does not imply that the Customer is granted any license rights with respect to the intellectual property rights in the content of the website and the Zoo Zurich Online Shop.
The website, the Zoo Zurich Online Shop and all content posted thereon (including, without limitation, software, files, designs, graphics and data) are and shall remain the property of Zoo Zurich - or, as the case may be, Zoo Zurich holds the corresponding rights of use - and are protected by the relevant laws regarding intellectual property rights, including copyright and trademark protection. Any unauthorized use of the website and the Zoo Zurich Online Shop, including but not limited to the use of the website, the Zoo Zurich Online Shop or their contents for professional or commercial purposes of any kind, as well as the reproduction, display, transmission to others, communication, circulation, distribution, modification, granting of licenses, sale or any other exploitation of the website, the Zoo Zurich Online Shop or their contents, texts, parts of texts, static or animated graphics, audio data, software, goods or services, as well as any other data or information, is expressly prohibited without the prior permission of Zoo Zurich. In particular, methods such as framing and inline-linking of the website, the Zoo Zurich Online Shop and content are prohibited
15. Special provisions for the purchase of online tickets
The Zoo Zurich Online Shop is an official Zoo Zurich sales point for certain ticket categories. When purchasing a ticket, the Zoo Zurich Online Shop handles the payment transaction and collection for Zoo Zurich.
By purchasing tickets in the Zoo Zurich Online Shop, Customers of online tickets accept the security, access and other regulations of the Zoo Zurich in accordance with the «GTCs Zoo Zürich AG». Online tickets may only be purchased at the official Zoo Zurich Online Shop. Furthermore, Customers of online tickets acknowledge that they may be excluded from Zoo Zurich without compensation if there is a failure to comply with these regulations. Possible further regulations are mentioned in the «GTCs Zoo Zürich AG» as well as in the «GTCs Events, Courses and Seminars». Furthermore, the Customers acknowledge that the validity period of the online tickets cannot be extended. Online tickets will not be exchanged, nor will refunds be given.
Zoo Zurich online tickets are transferable unless stated otherwise. The printed online tickets must be protected from wear and tear and may not be altered or copied. Electronic tickets must be stored on a functioning device. The validity of the online ticket is checked electronically by Zoo Zurich (via QR code) at the entrance. Holders of an online ticket with reduced rate (young adults, children) must be able to prove this with a valid ID.
Printed online tickets whose QR code is damaged are no longer valid, but can be printed again from the personal Customer account in the Zoo Zurich Online Shop. If there are duplicates or fraudulent actions are observed (resulting in reporting to the authorities), Zoo Zurich reserves the right to reject such tickets, refunding the price to the rightful holders.
Zoo Zurich excludes any liability for damages (personal injury or bodily harm) directly or indirectly incurred with the purchase contract of an online ticket, i.e. the visit to the Zoo, a related service or the purchase of goods, to the extent admissible by law, irrespective of the legal grounds on which the damages are claimed. Likewise, Zoo Zurich excludes any non-contractual liability for direct or indirect damage (personal injury or bodily harm) to the extent admissible by law, irrespective of the legal grounds on which the damage is claimed.
In particular, Zoo Zurich accepts no liability for theft.
16. Other provisions
In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict of law provisions. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.
The place of jurisdiction is the city of Zurich, unless the law provides for mandatory places of jurisdiction.
Zoo Zurich expressly reserves the right to amend these GTCs at any time and to put them into effect without notice. The last amendment to these General Terms and Conditions is dated 21.12.2022.