LEGAL
Terms and Conditions
These terms and conditions ("Terms and Conditions") set out the legal terms that apply to your use of our website https://o-ha.ch and all its subdomains (the “Website”) and the other services that we provide (the "Services", including listings in online shop https://www.o-ha.ch/shop).
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Website and the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "we", "us" or "our", we mean O-HA or Lechbinska GmbH affiliate. Where we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. We recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
1. About us
We are Lechbinska GmbH, and we operate the Website. We are a company registered in Switzerland and our registered office is at Mühlebachstrasse 12, CH-8008 Zürich. Our registered company number is Company No. CH-020.4.075.828-5, UID - CHE-355.746.808.
Please note that in the context of these Terms and Conditions, “we” can also relate to a legal entity, acting as an affiliate of https://o-ha.ch, which is endowed with all rights over the Website, and which will be directly specified below, where appropriate.
2. Our services
The Services we offer allow you to access the Website, read the description of the items, and purchase the items, by making an advance payment to our bank account.
When we accept payments for the pre-ordered items, we act on behalf of Lechbinska GmbH.
As part of the Services, we also provide some ancillary services such as arranging delivery of the items and providing you with customer service assistance. To use the Services, you must be over 18 years of age. By placing an order on the Website, you agree to receive:
If in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
We do not in any way exclude or limit our liability for:
We attempt to be as accurate as possible in the description of the items displayed on the Website. However, we cannot guarantee that all details are always accurate, complete, or error-free. The images of the items on the Website are for illustrative purposes only, and although we attempt to display the colors accurately, we cannot guarantee that your computer's display of the images accurately reflects the true color of the products.
We do not offer flawed items. If the item you have ordered is not as described, is flawed, or is of a lower quality, you can return it to us and after a proper examination of this object, you will receive a full refund. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
Under Swiss law, as well as under any other law regulating relationships of the parties within the sales contract of items, where appropriate, as a consumer, you have legal rights to products that are faulty or not as described. Nothing in these Terms and Conditions will affect these legal rights.
5. Orders, prices, and payment
Your order for the items is subject to these Terms and Conditions which are incorporated into the contract between you and us.
To order the items you must be over 18 years of age. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the size and materials, etc.).
An indispensable condition for placing an order is the formation of an agency agreement between you and us for the provision of services related to shipping and sales of the items. We are entitled to entrust an actual performance of our shipping obligations to a third-party delivery service, specified on the Website, or otherwise, at our discretion.
(a) Formation of the contract
When you place an order, you will receive an email confirming receipt of your order.
(b) Pricing and availability
Whilst we try and ensure that all details, descriptions, and prices that appear on the Website are accurate, in rare cases, there may be cases where errors occur. If we discover an error in the price of any item that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be treated as canceled. If you cancel and you have already paid for the item, you will receive a full refund within fourteen days.
The price to be paid for a product (which includes VAT) will be the price quoted on our Site when you place your order. We take all reasonable care to ensure that the price of the Product advised to you is correct.
Prices for our products may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
The price of a product does not include delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. Delivery options and charges will be notified to you on the Site before you place your order.
If the rate of VAT changes between the date of your order and the date of the Order Confirmation we will adjust the rate of VAT that you pay unless you have already paid for the product in full before the change in the rate of VAT takes effect.
Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as mispricing we may end the contract, refund you any sums you have paid, and require the returns of any goods provided to you.
(c) Payment
We can accept payment for items in the following ways: bank transfer, online secure payment (Worldline), or credit card at the in-store payment system. After the successful payment, you will find information about your purchase in your account.
We reserve the right to cancel your order in cases:
All orders made on our Website are dispatched in 1-2 working days after your successful payment. The orders are normally shipped within Switzerland with Swiss Post Priority, with delivery on the next day (incl. Saturday). The price for a shipment up to 5kg including packaging is CHF 10.00.
Free shipping to Switzerland is offered on all orders over CHF 120.
We do not deliver to P.O. Boxes and kindly ask you to use your geographical address.
7. Returns and exchanges
You may return items you ordered within thirty days after you have received them unless the item is faulty. Please contact us at zurich@o-ha.ch for the return address before sending any products back to us. You are responsible for the cost of returning items unless the items are faulty.
You must return the items within 14 days of informing us that you wish to return them. We may withhold reimbursement until we have received the items back or until you have provided proof of having sent the items back.
You should return the items in their original packaging and condition. Items must be sent to us within 14 days of notifying us of the return. You must ensure the items are packaged securely to avoid damage in transit. Refunds will be issued within fourteen days of us receiving the returned items.
8. Ownership and risk
Ownership of the items passes to you once we have received full payment of all sums due in respect of the items (including any applicable delivery charges) and we have dispatched the items to you. Risk of loss or damage to the items passes to you upon delivery.
9. Limitation of liability
We will not be liable for any loss or damage which is not foreseeable. This means that we will not be liable for any loss or damage that is not directly related to our failure to comply with these Terms and Conditions or our negligence. We are not liable for any indirect, special, or consequential loss or damage.
10. Intellectual property
All content on the Website, including but not limited to text, graphics, logos, images, and software, is owned by or licensed to us and is protected by copyright and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content on the Website without our prior written consent.
11. Privacy
Your use of the Website and the Services is subject to our Privacy Policy, which can be found at Privacy Policy. By using the Website, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.
12. Changes to these Terms and Conditions
We may update these Terms and Conditions from time to time to reflect changes in our business or to comply with legal requirements. Any changes will be posted on the Website and will take effect immediately upon posting. Your continued use of the Website and the Services after any changes have been made constitutes your acceptance of the revised Terms and Conditions.
13. Governing law and jurisdiction
These Terms and Conditions are governed by and construed in accordance with Swiss law. Any disputes arising out of or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Switzerland.
14. Contact us
If you have any questions or concerns about these Terms and Conditions or our Services, please contact us at zurich@o-ha.ch
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Website and the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website or if you order products, we will take this as your acceptance of these Terms and Conditions.
Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as 'defined terms'). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
When we refer to "we", "us" or "our", we mean O-HA or Lechbinska GmbH affiliate. Where we refer to "you" or "your" we mean you, the person using the Services.
We have used headings to help you understand these Terms and Conditions and to easily locate information. We recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services to order products, to ensure you understand the legal terms which apply at that time).
1. About us
We are Lechbinska GmbH, and we operate the Website. We are a company registered in Switzerland and our registered office is at Mühlebachstrasse 12, CH-8008 Zürich. Our registered company number is Company No. CH-020.4.075.828-5, UID - CHE-355.746.808.
Please note that in the context of these Terms and Conditions, “we” can also relate to a legal entity, acting as an affiliate of https://o-ha.ch, which is endowed with all rights over the Website, and which will be directly specified below, where appropriate.
2. Our services
The Services we offer allow you to access the Website, read the description of the items, and purchase the items, by making an advance payment to our bank account.
When we accept payments for the pre-ordered items, we act on behalf of Lechbinska GmbH.
As part of the Services, we also provide some ancillary services such as arranging delivery of the items and providing you with customer service assistance. To use the Services, you must be over 18 years of age. By placing an order on the Website, you agree to receive:
- Emails/push notifications or text messages (SMS) and instant messaging, which we can send you to inform you about the status of your order, in case your order was edited or canceled, or in other cases affecting fulfillment of your order.
- Text messages (SMS) are sent to the mobile phone number specified by you.
- Calls to the mobile phone number specified by you, offering to rate the quality of our service. These text messages and calls can come either from us or third parties, which we can engage from time to time to perform our obligations according to these Terms and Conditions.
If in providing the Services to you, we fail to comply with these Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the Services.
We do not in any way exclude or limit our liability for:
- Death or personal injury caused by our negligence.
- Fraud or fraudulent misrepresentation.
- Any other liability which cannot be limited by law.
We attempt to be as accurate as possible in the description of the items displayed on the Website. However, we cannot guarantee that all details are always accurate, complete, or error-free. The images of the items on the Website are for illustrative purposes only, and although we attempt to display the colors accurately, we cannot guarantee that your computer's display of the images accurately reflects the true color of the products.
We do not offer flawed items. If the item you have ordered is not as described, is flawed, or is of a lower quality, you can return it to us and after a proper examination of this object, you will receive a full refund. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
Under Swiss law, as well as under any other law regulating relationships of the parties within the sales contract of items, where appropriate, as a consumer, you have legal rights to products that are faulty or not as described. Nothing in these Terms and Conditions will affect these legal rights.
5. Orders, prices, and payment
Your order for the items is subject to these Terms and Conditions which are incorporated into the contract between you and us.
To order the items you must be over 18 years of age. By placing an order, you are promising that all details you provide are true and accurate, that you are over 18 years of age, and that there are sufficient funds in the account to cover the cost of your order.
The Website allows you to check your order and correct any errors before completing a purchase. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the size and materials, etc.).
An indispensable condition for placing an order is the formation of an agency agreement between you and us for the provision of services related to shipping and sales of the items. We are entitled to entrust an actual performance of our shipping obligations to a third-party delivery service, specified on the Website, or otherwise, at our discretion.
(a) Formation of the contract
When you place an order, you will receive an email confirming receipt of your order.
(b) Pricing and availability
Whilst we try and ensure that all details, descriptions, and prices that appear on the Website are accurate, in rare cases, there may be cases where errors occur. If we discover an error in the price of any item that you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, your order will be treated as canceled. If you cancel and you have already paid for the item, you will receive a full refund within fourteen days.
The price to be paid for a product (which includes VAT) will be the price quoted on our Site when you place your order. We take all reasonable care to ensure that the price of the Product advised to you is correct.
Prices for our products may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
The price of a product does not include delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. Delivery options and charges will be notified to you on the Site before you place your order.
If the rate of VAT changes between the date of your order and the date of the Order Confirmation we will adjust the rate of VAT that you pay unless you have already paid for the product in full before the change in the rate of VAT takes effect.
Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as mispricing we may end the contract, refund you any sums you have paid, and require the returns of any goods provided to you.
(c) Payment
We can accept payment for items in the following ways: bank transfer, online secure payment (Worldline), or credit card at the in-store payment system. After the successful payment, you will find information about your purchase in your account.
We reserve the right to cancel your order in cases:
- We discover that you do not meet the requirement established by these Terms & Conditions, i.e., you are under 18 years of age.
- We discover that there are some errors in the specifications or price of the item you ordered.
All orders made on our Website are dispatched in 1-2 working days after your successful payment. The orders are normally shipped within Switzerland with Swiss Post Priority, with delivery on the next day (incl. Saturday). The price for a shipment up to 5kg including packaging is CHF 10.00.
Free shipping to Switzerland is offered on all orders over CHF 120.
We do not deliver to P.O. Boxes and kindly ask you to use your geographical address.
7. Returns and exchanges
You may return items you ordered within thirty days after you have received them unless the item is faulty. Please contact us at zurich@o-ha.ch for the return address before sending any products back to us. You are responsible for the cost of returning items unless the items are faulty.
You must return the items within 14 days of informing us that you wish to return them. We may withhold reimbursement until we have received the items back or until you have provided proof of having sent the items back.
You should return the items in their original packaging and condition. Items must be sent to us within 14 days of notifying us of the return. You must ensure the items are packaged securely to avoid damage in transit. Refunds will be issued within fourteen days of us receiving the returned items.
8. Ownership and risk
Ownership of the items passes to you once we have received full payment of all sums due in respect of the items (including any applicable delivery charges) and we have dispatched the items to you. Risk of loss or damage to the items passes to you upon delivery.
9. Limitation of liability
We will not be liable for any loss or damage which is not foreseeable. This means that we will not be liable for any loss or damage that is not directly related to our failure to comply with these Terms and Conditions or our negligence. We are not liable for any indirect, special, or consequential loss or damage.
10. Intellectual property
All content on the Website, including but not limited to text, graphics, logos, images, and software, is owned by or licensed to us and is protected by copyright and other intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content on the Website without our prior written consent.
11. Privacy
Your use of the Website and the Services is subject to our Privacy Policy, which can be found at Privacy Policy. By using the Website, you consent to the collection, use, and disclosure of your personal information in accordance with our Privacy Policy.
12. Changes to these Terms and Conditions
We may update these Terms and Conditions from time to time to reflect changes in our business or to comply with legal requirements. Any changes will be posted on the Website and will take effect immediately upon posting. Your continued use of the Website and the Services after any changes have been made constitutes your acceptance of the revised Terms and Conditions.
13. Governing law and jurisdiction
These Terms and Conditions are governed by and construed in accordance with Swiss law. Any disputes arising out of or in connection with these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of Switzerland.
14. Contact us
If you have any questions or concerns about these Terms and Conditions or our Services, please contact us at zurich@o-ha.ch