Terms and Conditions
General Terms and Conditions (GTC)
1. Applicability and scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between Otoprint GmbH (hereinafter referred to as "Seller", "us" or "we") and the customers (hereinafter referred to as "Customer", "Buyer" or "you") for products (hereinafter referred to as "Products" or "Goods") purchased via our website (hereinafter referred to as "Online Shop" or "Website").
The online shop is operated by:
Otoprint GmbH
Moosacherstrasse 14
8804 Au (ZH)
CHE-291.490.372
Phone +41 44 543 62 54
Email: earborn@otoprint.ch
Individual agreements concluded with the customer take precedence over these General Terms and Conditions. Conflicting terms and conditions of the customer are not recognized.
The seller reserves the right to change these Terms and Conditions at any time. All changes will become effective upon publication of the new Terms and Conditions on the website. The relevant date for the applicability of the current Terms and Conditions when purchasing a product is the date the binding order is submitted to us.
Please read these Terms and Conditions carefully before placing a binding order. By placing a binding order for our products, you agree to the following terms and conditions as well as our Privacy Policy and declare that you are authorized to enter into legally binding contracts.
2. Conclusion of a purchase agreement
The presentation of products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog or a non-binding invitation to customers to order the product in the online shop. The seller expressly reserves the right to change the products themselves as well as their content, such as images, product range, prices, and product descriptions, at any time and without prior notice. Illustrations, pictures, brochures, advertising, and other information related to our products are for informational purposes only and are not binding on the seller.
The customer can place a binding order for the products they have selected via our online shop. The customer can place the selected products in the shopping cart. This does not constitute a binding order. An order is only considered binding when the customer clicks the "order" button on the order page at the end of the ordering process. Before submitting the order, the customer can change and review the information at any time, identify any input errors, and correct them if necessary before the final, binding order is submitted.
An order confirmation will be sent to the customer immediately and automatically via email. This confirmation email contains your order details and our Terms and Conditions, which you accepted during the ordering process. The confirmation email only serves as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By submitting your order, you confirm that you have read the Terms and Conditions and agree to them unconditionally. We recommend that you print out the Terms and Conditions for online ordering and your documentation or save them on your computer.
After you have placed a binding order, the seller is free to accept the order at its sole discretion or to reject it by sending a corresponding notification by email, without assuming any liability to you or third parties. We will refund any payment already made upon cancellation of the order. Reasons for rejecting an order may include, for example, if a product is no longer available, if we cannot obtain authorization for the customer's payment, or if there is reason to believe that the customer is acting in violation of these Terms and Conditions, individual contracts, fraudulent or other criminal activity, or for another important reason.
Upon acceptance of the order, a binding purchase contract is created with the customer. This acceptance occurs upon shipment of the ordered products.
Any commercial distribution or resale of our products is prohibited.
3. Availability and reservation of performance for non-deliverable products
All information regarding product availability, shipping, and delivery is preliminary and approximate. It does not constitute binding or guaranteed shipping or delivery dates. Liability for unavailable products or delays in shipping or delivery is expressly excluded.
Our products are available while stocks last. If the seller determines, when processing your order, that the products you have ordered are not available, we will notify you immediately. In this case, no contract for the unavailable products will be concluded, as the ordered products cannot be delivered.
We also reserve the right to limit the number of items a customer may purchase. In such cases, we will notify the customer accordingly via email.
4. Prices and shipping costs
Our products and prices correspond to those listed on the website. All prices are quoted in CHF (Swiss francs) and include the statutory value-added tax (VAT) of 7.7%.
The seller reserves the right to change prices at any time. Products will be invoiced based on the prices offered at the time the binding order is placed.
5. Payment terms/credit check
Orders are due for payment immediately.
The customer has the option of paying using the payment methods displayed on the website or during the ordering process. These may change from time to time. Furthermore, we reserve the right not to offer certain payment methods in specific cases and to refer to other payment methods we use (for example, to hedge our credit risk, only those that correspond to the respective creditworthiness). The seller is expressly authorized by the customer to conduct credit checks at its own discretion and, if necessary, to pass on the customer's data to third parties for this purpose.
By selecting the payment method, the customer authorizes the payment either by entering credit card details or access data from a payment service provider. The customer authorizes the seller to receive or collect payments in the appropriate way. In the event of chargebacks, the seller is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, the seller is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay by credit card or alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters for collection and address details, and request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and the payment details entered are correct. If payment is declined, the Seller reserves the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.
6. Delivery conditions
Delivery is generally carried out via the Swiss Post AG delivery service. For deliveries to Switzerland and the Principality of Liechtenstein, shipping costs are borne by the buyer. The buyer must pay the applicable costs in advance. For orders over CHF 200, delivery is free within Switzerland and the Principality of Liechtenstein.
Deliveries outside Switzerland and the Principality of Liechtenstein are charged at standard rates and are borne by the buyer. Deliveries outside Switzerland and the Principality of Liechtenstein are not eligible for free delivery.
The Seller will endeavor to deliver the products as quickly as possible. The Seller will make every effort to adhere to the stated delivery times. However, the Seller is not responsible for delivery delays, regardless of their cause. We will notify you immediately of any delivery delays that occur.
If the service disruption lasts more than 15 weeks after the original delivery date, the customer is entitled to cancel their order. Further claims, in particular claims for damages, are excluded.
7. Retention of title
The seller remains the owner of the delivered products until they have been paid in full.
8. Right of withdrawal and return
There is no right of return or cancellation on the part of the customer.
9. Notice of defects/warranty
The seller warrants that the goods correspond to the promised characteristics and have no defects that impair their value or suitability for the intended use.
Upon receipt of the products, the customer must immediately inspect them for accuracy, completeness, and any damage. Any defects or damage must be reported to the seller within 7 business days. Defects that could not be discovered during a proper inspection and only become apparent later must be reported in writing immediately after their discovery. If you do not inspect the defect or report it immediately, the goods will be deemed accepted, and you will no longer be entitled to assert any claims against us.
Any warranty is excluded, in particular, rescission and reduction are excluded. No guarantee is provided.
10. Exception: Warranty for custom-made headphones
Fit of the headphones (shell):
The seller guarantees a proper fit of the headphones (shell) for a period of 6 weeks from the date of receipt by the customer. Should the headphones not fit properly, pinch, slip, or cause similar discomfort within this period, the customer is obligated to return the headphones to the seller at their own expense.
Address: Otoprint GmbH, Moosacherstrasse 14, 8804 Au (ZH).
The seller will examine the returned headphones and decide whether a repair or
a new production is necessary. The decision is at the sole discretion of the seller.
Technology in the headphones and charging case:
The seller guarantees the proper functioning of the technical components of the headphones and charging case for a period of 1 year from the date of receipt by the customer. Should any technical defects occur during this period, we will carry out the necessary repairs.
or replace the defective parts. The decision is at the sole discretion of the seller.
Warranty exclusion: The warranty services provided do not extend the warranty period nor trigger a new warranty.
The warranty does not cover damage caused by improper use, improper operating conditions, overloading, lack of maintenance or care, or attempts by the customer to repair the product themselves.
The customer is responsible for using the headphones in accordance with the instructions provided, for carrying out appropriate care and maintenance, and for not attempting to repair them independently unless expressly instructed by the seller.
approved.
Complaint notification or service questions
For complaints or service questions, please contact us at the following address with the order number, customer number, a description of the error and other helpful information:
Otoprint GmbH
Moosacherstrasse 14
8804 Au (ZH)
Phone +41 44 555 86 77
Email: earborn@otoprint.ch
The defective product must be accompanied by a copy of the invoice and a detailed description
of the defect to the seller's address stated above.
Returning a product is at the customer's risk and expense. Please have your return confirmed and retain this confirmation, as your warranty claim cannot be processed in the event of a lost package.
11. Registering for an Account
By registering a customer account, you can view information about your completed, open, and recently shipped orders, as well as manage and save your address details, any payment details, and any newsletter subscriptions. Because your data is saved, you don't have to enter it again when making another purchase.
If you register for such an account, you are responsible for ensuring that the personal data required for registration is truthful and complete. You are obligated to treat your personal access data confidentially and not to disclose it to unauthorized third parties. The seller undertakes to treat your data confidentially and not to disclose it to unauthorized third parties. For further information on data protection, please refer to our privacy policy.
Registration is free. Each customer is only authorized to maintain one customer account. We reserve the right to delete multiple applications and to warn, block, or delete or modify the content of registered customers who violate these Terms and Conditions or individual agreements.
The Seller is not obliged to accept the registration or order of a registered Customer.
12. Liability
The Seller shall be liable for any breach of its own obligations under these Terms and Conditions and the contractual relationships based thereon for proven damages caused by it through unlawful intent or gross negligence. Liability for minor and moderate negligence, as well as for indirect and consequential damages, whether based on a contract, tort, or any other reason, is expressly excluded. Examples of indirect damages include lost profits, financial losses, damage to reputation, or loss of data due to temporary impairments or interruptions in the availability of the Seller's services. Furthermore, the Seller assumes no contractual or non-contractual liability for damages caused by auxiliary persons engaged to provide the service.
The above exclusions and limitations of the Seller's liability shall not apply in the event of culpable injury to life, body or health caused directly by the Seller or in the event of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability under these Terms and Conditions, regardless of the reason, and to the extent permitted by law, is limited to the price of the goods that the customer has ordered from us.
Event beyond our control
In the event of an event beyond our control (so-called force majeure), we assume no liability or responsibility for the non-fulfillment or delayed performance of any obligations under these Terms and Conditions and the contractual relationship based thereon. An event beyond our control occurs, for example, in the following cases:
In the event of strikes, blockades or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor routes or other means of public or private transport.
If an event occurs outside our control that affects the performance of our obligations under the contract, we will notify you as soon as possible.
13. Data protection
The seller collects and processes personal data only within the framework of the statutory provisions, in particular in compliance with applicable data protection laws. Further information on the processing of your personal data, your rights, and related questions can be found in our privacy policy, which forms an integral part of these General Terms and Conditions.
14. Copyright
The information and content published on the website are protected by copyright and are the property of the seller or the respective rights holder. Reproduction, processing, distribution, or any other form of exploitation requires the prior written consent of the respective rights holder. The seller and the respective rights holder expressly reserve all related rights.
15. Severability Clause
Should any provision of these Terms and Conditions be or become illegal, invalid, or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed replaced by a valid provision that most closely reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded. The same applies to any gaps in these Terms and Conditions.
16. Applicable law and place of jurisdiction
These General Terms and Conditions, the contractual relationships based thereon and any disputes arising therefrom shall be governed exclusively by Swiss substantive law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for disputes arising from this contractual relationship – subject to any mandatory jurisdiction – shall be exclusively the courts in Switzerland having jurisdiction at the Seller’s registered office.
