General Terms and Conditions OhmSole Yilmaz
1 Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) apply to all contracts concluded between OhmSole Yilmaz and the customer via the online shop or other sales channels.
1.2 OhmSole Yilmaz, Pfistergasse 7, 6003 Lucerne, Switzerland, is registered in the commercial register and operates the online shop at the website: www.ohmsole.ch
1.3 Deviating conditions of the customer will not be recognized unless OhmSole Yilmaz expressly agrees to their validity in writing.
2 Conclusion of contract
2.1 The presentation of the goods in the online shop does not constitute a legally binding offer, but an invitation to order. Errors and omissions remain reserved.
2.2 By clicking the button “Buy Now ” or “Place Order” the customer places a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order has been sent and does not constitute acceptance of the contract. The contract is concluded as soon as OhmSole Yilmaz accepts the order by a separate email or by delivering the goods.
3 Prices and payment terms
3.1 The prices quoted are in Swiss francs (CHF) and include VAT.
3.2 OhmSole Yilmaz accepts the following payment methods: debit cards, credit cards, Twint and cash.
Online, OhmSole Yilmaz accepts debit cards, credit cards, Twint and in exceptional cases PayPal or invoices.
3.3 Unless otherwise agreed, payments are due immediately and without deduction. In the event of late payment, OhmSole Yilmaz is entitled to charge interest on arrears and reminder fees.
4 Delivery and shipping conditions
4.1 The order is usually placed within two working days. In exceptional cases, however, the order may take up to 9 working days.
4.2 Shipping is carried out as standard by Priority Post through the Swiss Post. Shipping costs, if applicable, are calculated during checkout. OhmSole Yilmaz generally covers the shipping costs unless otherwise stated.
4.3 OhmSole Yilmaz reserves the right to withdraw from the contract if the ordered goods are not available. In this case, the customer will be informed immediately and any payments already received will be refunded immediately.
5 Retention of title
5.1 The delivered goods remain the property of OhmSole Yilmaz until full payment has been made.
6 Warranty and liability for defects
6.1 To the extent permitted by law, OhmSole Yilmaz completely excludes the warranty for the goods sold. This means that the customer cannot assert any claims based on defects that were present when the goods were handed over or that occurred later.
6.2 Notwithstanding the above exclusion of warranty, OhmSole Yilmaz shall nevertheless be liable for defects resulting from intent or gross negligence.
6.3 The limitations and exclusions of liability set out in Section 6 also apply to claims based on defects.
7 Return and right of withdrawal
7.1 Returns and exchanges are generally excluded unless expressly required by law.
7.2 Within the framework of Swiss legal provisions, OhmSole Yilmaz does not grant consumers a right of withdrawal. By ordering the goods, the customer agrees that he waives the right of withdrawal after conclusion of the contract.
8 Copyright and Terms of Use
8.1 The use of the website and online shop of OhmSole Yilmaz (hereinafter “Website”) is subject to the following terms of use:
8.2 Access and Use: Access to and use of the Website is permitted for personal and informational use. The User undertakes not to use the Website for any unlawful purpose or conduct that violates these Terms of Use.
8.3 Copyright and intellectual property: All content on the website, including texts, images, logos, graphics, videos and other material, is protected by copyright and is the intellectual property of OhmSole Yilmaz or its respective rights holders. The reproduction, distribution, publication or use of this content is prohibited without the express written consent of OhmSole Yilmaz or the respective rights holder.
8.4 Limitation of liability: OhmSole Yilmaz endeavors to keep the website up to date and error-free, but assumes no liability for the accuracy, completeness and timeliness of the information on the website. Use of the website is at the user’s own risk.
8.5 External Links: The website may contain links to external third-party websites. OhmSole Yilmaz is not responsible for the content and privacy practices of these external websites and assumes no liability for any damages resulting from access to or use of such websites.
8.6 Changes to the Terms of Use: OhmSole Yilmaz reserves the right to change these Terms of Use at any time. The changed Terms of Use apply from their publication on the website. By continuing to use the website, the user agrees to the changed Terms of Use.
8.7 Violations of the Terms of Use: In the event of violations of these Terms of Use, OhmSole Yilmaz reserves the right to block access to the website in whole or in part, to take legal action and to assert claims for damages.
9 Applicable law and place of jurisdiction
9.1 The law of the Swiss Confederation applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
9.2 The place of jurisdiction for all disputes arising from or in connection with the contractual relationship between OhmSole Yilmaz and the customer is Lucerne, Switzerland.
10 Dispute settlement
10.1 In the event of any disagreement, dispute or claim arising out of or in connection with these Terms and Conditions, the parties shall first attempt in good faith to reach an amicable solution.
10.2 If no mutually acceptable solution can be found, the parties are obliged to consider an alternative dispute resolution procedure, such as mediation or arbitration, before taking legal action. The parties may agree on an independent mediator or arbitrator to help find a mutually acceptable solution.
10.3 However, participation in such alternative dispute resolution procedure is not mandatory and each party reserves the right to take legal action at any time to protect its rights and interests.
10.4 The provisions of this Section 10 shall not affect the right of a party to apply to a court of competent jurisdiction for injunctive or other provisional relief if necessary to prevent irreparable harm.
11 Contract language
11.1 The contract language is German. All communication and documentation in connection with these General Terms and Conditions, including offers, orders, order confirmations and other legal documents, must primarily be written in German. However, OhmSole Yilmaz may, at its own discretion, make information, products and parts of the website available in English.
11.2 If these General Terms and Conditions or parts thereof are translated into another language, including English, in the event of any discrepancies, questions of interpretation or contradictions between the translation and the German original text, the German text shall always be authoritative and binding.
12 Final provisions
12.1 Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
12.2 OhmSole Yilmaz reserves the right to change these Terms and Conditions at any time. The changed Terms and Conditions apply from their publication in the OhmSole Yilmaz online shop.
Lucerne, 1 September 2024.