General Terms and Conditions (GTC)
Date of last update : May 13, 2020
The present general conditions govern the sales carried out by the company Oooway LLC and apply to all the sales concluded on the Internet site as well as on all the physical places under the sign and mark Oooway whose registered office is located at :
Oooway Sàrl / LLC / Gmbh
Chemin Midi 4, 1260 Nyon, Suisse
Trade register number : CHE-272.428.378
(Attention: No physical store or customer reception)
telephone: +41 22 575 25 95
The products marketed by Oooway are :
mainly innovative "smart-home" household items, consumer electronics products, but also, in a minority, fashion accessories, indoor and outdoor items, "smart-home" products and other related products.
The customer declares having read and accepted the general terms and conditions of sale prior to placing an order. The validation of the order is thus worth acceptance of the general conditions of sale.
The present general conditions of sale express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the website Oooway.com and will prevail, if necessary, over any other version or any other contradictory document.
The seller and the buyer agree that the present general terms and conditions exclusively govern their relationship. The seller reserves the right to modify its general terms and conditions of sale from time to time. They will be applicable as soon as they are put online.
Should a condition of sale be lacking, it shall be considered to be governed by the provisions of the Swiss Code of Obligations.
2. Prices and Products
The prices of our products are indicated in Swiss Francs including all taxes (VAT of 7.7% and other taxes applicable on the day of the order), unless otherwise indicated and excluding shipping costs.
In case of an order to a country other than Switzerland, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not under the jurisdiction of Oooway LLC. They will be at your expense and are your entire responsibility, both in terms of declarations and payments to the authorities and competent organizations of your country. We advise you to inquire about these aspects with your local authorities.
All orders regardless of their origin are payable in Swiss Francs.
Promotional offers, vouchers, discounts on social networks, the loyalty program and all other promotional offers are not cumulative and the amount can in no case be paid in cash. This also applies to competitions.
The company Oooway LLC reserves the right to modify its prices at any time, nevertheless the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability. Oooway LLC reserves the right to cancel any order in the event of a stock and/or supply error, and to reimburse the full payment to the customer concerned.
The products remain the property of Oooway LLC until full payment is received.
As soon as you take physical possession of the ordered products, the risks of loss or damage of the products will be transferred to you.
The products sold are those which appear in the catalogue published on the site Oooway.com. These products are sold within the limit of available stocks. Each article is accompanied by a description established by Oooway.com and/or its suppliers. The photographs of the catalogue are as faithful as possible but cannot ensure a perfect similarity with the proposed article. In particular with regard to the colours and/or the accessories provided.
You can place orders via our website oooway.com, at fairs, pop-up shops, events, as well as through the sales channels "marketplace" and "advertisements".
Contractual information is presented in French and will be confirmed at the latest at the time of the validation of your order.
The company Oooway LLC reserves the right not to record a payment, and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
4. Validation of your order
Any order placed on the oooway.com web site implies the acceptance of the present general terms and conditions of sale. Any order confirmation implies your full and entire adherence to the present general conditions of sale. Without exception nor reserve.
All the data provided and the recorded confirmation will be worth proof of the transaction. You declare to have perfect knowledge of them.
The confirmation of order will be worth signature and acceptance of the operations carried out.
A summary of the information of your order will be communicated to you via the email address confirming your order.
The fact of validating your order implies for you the obligation to pay the price indicated.
The payment of your purchases is carried out by card in full safety and encrypted in https by our various financial service providers:
Aduno (3D secure) for Visa and Mastercard cards
Postfinance for Postfinance card and Postfinance e-payment.
Paypal for Paypal direct, Visa and Mastercard with PayPal account (additional fee: +2%)
By bank or postal transfer directly to the account details presented at the end of the purchase validation (checkout).
An additional cost will be borne by the customer on payments made through Paypal.
The card will be debited on the day of the order.
The sales concluded with the payment method 'bank transfer' are firm and must be paid within 2 working days after conclusion of the sale and establishment of the invoice.
If the full amount is not received within this period, Oooway LLC reserves the right to cancel the order.
6. Cancellation, Withdrawal and Returns
We offer you a cancellation and withdrawal period of 30 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or pay a penalty.
Returns must be made in new, unused, in the original packaging and complete (packaging, accessories, instructions). In this context, your responsibility is engaged, which is why we ask you to return the item by registered mail. Any damage suffered by the product on this occasion may be such as to defeat the right of withdrawal.
In the event of exercise of the right of retraction, the company Oooway LLC will proceed to the refunding of the sums paid, within 14 days following the reception of the products, on your bank or postal account indicated for this purpose in your request.
The expenses of return as well as the bank charges are at your expense.
Conditions of return
Would you like to return a product?
Please make a Return Merchandise Authorization (RMA) request by email to: email@example.com before returning the product(s), clearly indicating the reasons or possible defects of the product received if applicable.
Below we have listed the return conditions for you.
Products purchased from Oooway Sàrl must be returned by post and will not be accepted by other means.
Note from the After-Sales Service (after-sales service)
1. Always keep the receipt/invoice for the purchase of the product and its original packaging during the warranty period.
2. 2. Return the item without delay if it does not suit you or if a warranty claim has to be made. In the latter case, a return agreement must be validated beforehand.
3. Keep the postal receipt of the return and prefer a signature / registered mail so that you are protected in case of loss during shipment.
Do you need help?
contact us, Oooway will always be there to assist you.
6.1. Time and place of return
The return deadlines apply from the date of dispatch/withdrawal. The date of the postmark or personal return is decisive.
Subject to the exceptions below, items purchased from Oooway GmbH can be returned within 30 calendar days with our prior written consent.
Avenue du Général Guisan
6.2. No right of return
In the following cases, we are unfortunately unable to offer a trade-in:
· If the articles or packaging are damaged... (except for damage due to transport)
· Items purchased at a reduced price in a living room
· When the original packaging is not available
· When one or more accessories are missing
6.3. Redemption value
Insofar as the product can be returned, the following refund rules apply.
Full refund of the purchase price :
The item has been purchased at the normal price on the oooway.com website and is still sealed in its original, unopened and undamaged new packaging.
Deduction according to the condition of the goods:
minimum 10%, minimum deduction: CHF 10.
If the item has been opened/used (exceptions: see 2. above) :
6.4. Return costs
Shipping costs for returning items are the responsibility of the sender.
In the following cases, the return costs are covered by Oooway Sàrl:
· Upon receipt of an item different from the one ordered
· In case of incorrect data in the online shop
· Upon receipt of a material not ordered
· Upon receipt of a defective item (DOA)
· Upon receipt of an incomplete article
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to :
· Items purchased at a reduced price in a salon. In some cases exemptions are granted. In these cases, the seller's commissions, bank charges for the use of a bank card and any other direct costs are deducted from the refund.
· The supply of goods made to the consumer's specifications or clearly personalised.
Our products are proposed as long as they are visible on the Oooway.com website and within the limit of available stocks.
In the event of unavailability of product after placing your order (error of stock), we will inform you by email. Your order will be automatically cancelled and the refund will be carried out on your bank or postal account with immediate effect.
The products are delivered to the delivery address indicated during the ordering process, within the time period indicated on the "Delivery" page of the order validation according to the shipping option chosen.
In the event of a delay in shipment, an e-mail will be sent to you to inform you of a possible consequence on the delivery time that has been indicated to you.
The delivery costs are automatically calculated according to the desired shipping method. The choice of the shipping method is made in the payment tunnel.
The ordered articles are generally dispatched within 24 hours.
The "Eclair" shipments must be validated before 8:00 am, if necessary the order is transmitted by "Express Lune- Signature". In this last scenario, the price difference will be refunded to the customer.
Delivery tracking is also available in your Oooway.com customer account.
Deliveries are made in Europe and Switzerland. In case of doubt, please contact us: firstname.lastname@example.org.
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, this guarantee is valid for 2 years from the date of delivery, except for batteries which are guaranteed for 1 year (or according to the manufacturer's instructions).
Excluded from the legal guarantee are products offered free of charge as gifts or won through competitions.
In case of non-conformity of a product sold, it may be returned, exchanged or refunded.
All claims, requests for exchange or refund must be made by e-mail or post within 30 days of delivery.
The products must be returned to us in the state in which you received them with all the elements (accessories, packaging, instructions). The shipping costs are at the customer's expense, the return costs are paid by Oooway LLC.
The provisions of this article do not prevent you from benefiting from the right of retraction provided for in article 4.
The products on offer comply with current Swiss legislation. The responsibility of the company Oooway LLC could not be committed in the event of nonrespect of the legislation of the country where the product is delivered. It is up to you to check with the local authorities the possibilities of importation or use of the products or services that you plan to order.
In addition, the company Oooway LLC could not be held responsible for damages resulting from a misuse of the purchased product.
Finally, Oooway LLC could not be held responsible for any inconvenience or damage inherent to the use of the Internet network, in particular a rupture of service, an external intrusion or the presence of computer viruses.
11. Applicable law in case of dispute
The language of this contract is the French language. These terms and conditions of sale are subject to Swiss law. In the event of a dispute, the Swiss courts shall have sole jurisdiction.
For all other questions relating to these general terms and conditions of sale (GCS) that have not been raised, please refer to the Swiss Code of Obligations.
In case of dispute, the place of jurisdiction is at the domicile of Oooway LLC.
12. Intellectual Property
All the elements of the Oooway.com website are and remain the intellectual and exclusive property of the company Oooway LLC. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express written agreement of the company Oooway LLC.
Oooway LLC declines all responsibility in case of violation of copyrights, patents, trademarks or any other protected rights only for the use of Oooway.com and its subsidiary sites.
13. Personal data
The personal data we collect is kept in a secure environment. The people working for us are required to keep your information strictly confidential.
Oooway LLC reserves the right to collect personal information and personal data about you. They are necessary to manage your order, as well as to improve the services and information we send you.
It may also be transmitted to companies that contribute to these relations, such as those responsible for the execution of services and orders for their management, execution, processing and payment.
You have the right to access, rectify and object to nominative information and personal data concerning you, directly on the website.
14. Les conditions pour la clientèle professionnelle
The conditions are applicable, however each offer contain elements specific to the contracts carried out. These specific elements take precedence in the event of a contractual confrontation.