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General Terms and Conditions (GTC) for orders placed in the Online-Store

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Version: 01.10.2026

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1. Scope of Application

These General Terms and Conditions (GTC) apply to all orders placed through the OTHI online store at www.othi.ch.

By submitting an order, the customer accepts these GTC. Any terms and conditions of the customer that deviate from these GTC shall only apply if OTHI has expressly agreed to them in writing.

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2. Provider / Contracting Party

The contracting party for orders placed through the online store is:

OTHI, a simple partnership represented by Rafael Saner and Dominik Joos
Viktoriastrasse 38, 3013 Bern, Switzerland

othi.studios@hotmail.com
Website: www.othi.ch

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3. Products and Conclusion of Contract

The presentation of products in the online store is for informational purposes and generally constitutes an invitation to submit an order. The customer may add the desired products to the shopping cart and review and correct any input errors before submitting the order. By submitting an order, the customer makes a binding offer to conclude a purchase contract for the selected products. After receipt of the order, the customer will receive an electronic confirmation of receipt. This confirmation merely confirms that the order has been received and does not constitute acceptance of the order unless it expressly states otherwise. The purchase contract is concluded once OTHI expressly confirms the order or dispatches or delivers the ordered goods. If a product ordered is unexpectedly unavailable, OTHI may reject the order. Any payments already made will be refunded in full in this case.

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4. Prices

All prices stated in the online store are in Swiss francs (CHF). If OTHI is subject to Swiss VAT, the prices stated include the applicable statutory VAT. Any shipping costs are shown separately during the ordering process and are displayed before the order is completed. The price applicable at the time the order is placed shall be decisive.

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5. Payment Terms

The payment methods available at the time of ordering are displayed in the online store. Depending on availability, the following payment methods may be offered:​ Credit card or PayPal​. For purchases on account, the invoice amount must be paid within the payment period stated on the invoice. In the event of late payment, OTHI is entitled to exercise the statutory rights relating to default and to make further deliveries conditional upon advance payment. Any costs resulting from a payment default attributable to the customer may be charged to the customer to the extent permitted by law.

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6. Delivery

Deliveries are generally made within Switzerland. Deliveries to other countries are only possible by prior agreement. Additional shipping costs, duties, taxes or other charges may apply to international deliveries and shall be borne by the customer unless otherwise agreed. Unless otherwise stated for the respective product, the estimated delivery time within Switzerland is generally 3–5 business days from receipt of payment. For advance payments, the delivery period generally begins once full payment has been received. Delivery times are estimates. OTHI will inform the customer of delays where reasonably possible.

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7. Delivery Delays and Product Unavailability

If an order cannot be delivered or cannot be delivered on time due to circumstances beyond OTHI's control, including supply shortages, force majeure, or delays by suppliers or shipping providers, the delivery period shall be extended appropriately. If an ordered product is permanently unavailable, OTHI will inform the customer without undue delay.

In such cases, OTHI is entitled to withdraw from the relevant contract. Any payments already made for goods that have not been delivered will be refunded in full.

Any further claims shall be governed by the applicable statutory provisions.

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8. Shipping and Transfer of Risk

Shipping costs are displayed during the ordering process and, unless otherwise stated, shall be borne by the customer. Delivery will be made to the delivery address specified by the customer during the ordering process. The customer is responsible for providing a correct and complete delivery address. Any additional costs resulting from an incorrect or incomplete delivery address may be charged to the customer to the extent that such costs were caused by the customer.

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9. Retention of Title

The delivered goods remain the property of OTHI until the purchase price has been paid in full, to the extent that such retention of title is legally permissible.

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10. Voluntary 14-Day Return Policy

OTHI voluntarily grants customers a 14-day right of return. This voluntary right of return is separate from and does not affect the customer's statutory rights in the event of defective products. The return period begins on the day on which the customer, or a person designated by the customer, receives the goods. To exercise the right of return, the customer must notify OTHI clearly of the return within the 14-day period, for example by email to "othi.studios@hotmail.com". The goods must then be returned without undue delay and no later than 14 days after the customer has notified OTHI of the return. The deadline is met if the goods are dispatched before the expiry of the 14-day period. The cost and risk of returning the goods shall be borne by the customer.

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11. Conditions for Returns

Returned products must generally be: Complete, undamaged, unused and preferably returned in their original packaging.

The customer may inspect the goods to the extent that would reasonably be possible in a retail store. A return may be rejected or an appropriate reduction in the refund may be applied if the goods have been used beyond what is necessary for reasonable inspection, damaged, or otherwise impaired. A reduction in the refund may particularly apply where the goods can no longer be sold as new due to excessive use.

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12. Exclusion from the Voluntary Return Policy

The voluntary right of return does not apply in particular to:

  • products made specifically to the customer's specifications or individually customized products;

  • products which, due to their nature, are not suitable for return;

  • products manufactured according to customer specifications;

  • products damaged by the customer; or

  • products that have been used or modified beyond what is permitted for inspection.

Statutory rights relating to defective or incorrectly delivered goods remain unaffected by these exclusions.

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13. Refunds

Once the returned goods have been received and inspected, OTHI will refund the purchase price paid for the returned goods. Refunds will generally be made using the same payment method used for the original purchase, unless otherwise agreed. Under the voluntary return policy, the original standard shipping costs will not be refunded unless the return is due to a defect, incorrect delivery, or another circumstance for which OTHI is responsible. The cost of returning the goods shall be borne by the customer.

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14. Defects and Statutory Warranty Rights

The statutory warranty provisions of the Swiss Code of Obligations (CO) apply to purchased products. The customer's statutory rights in the event of defective, incorrectly delivered, or non-conforming products remain fully unaffected. Customers are requested to notify OTHI of any defects as soon as reasonably possible after discovering them. When reporting a defect, customers are requested to provide the order number, a description of the defect and, where appropriate, photographs or other suitable evidence. The customer's statutory rights are not restricted by the voluntary 14-day return policy.

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15. Liability

OTHI shall be liable for damages caused by unlawful and culpable conduct to the extent required by applicable mandatory law. To the extent permitted by law, OTHI shall not be liable for damage resulting from improper use, incorrect handling, or normal wear and tear of the products. Any limitation of liability shall not apply where mandatory statutory liability provisions require otherwise.

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16. Product Descriptions and Information

Product images, colors, dimensions and other representations in the online store may differ slightly from the actual product where this is technically unavoidable or customary in the industry, provided that such differences do not concern essential characteristics of the product. The product characteristics stated in the respective product description shall be decisive.

 

17. Data Protection

OTHI processes personal data in accordance with applicable data protection laws.

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18. Intellectual Property Rights

All content of the online store, including texts, images, graphics, logos and product representations, is protected by copyright or other applicable intellectual property rights unless expressly stated otherwise. Any use, reproduction or distribution of such content beyond the scope permitted by law requires the prior consent of OTHI or the respective rights holder.

 

19. Applicable Law

Swiss law shall apply exclusively to all contractual relationships between OTHI and the customer. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) are excluded to the extent that such exclusion is legally permissible. Mandatory statutory provisions, in particular those protecting consumers, remain unaffected.

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20. Place of Jurisdiction

The statutory places of jurisdiction shall apply to disputes. To the extent permitted by law, the place of jurisdiction shall be at the registered office of OTHI. Mandatory statutory places of jurisdiction, in particular those applicable for the protection of consumers, remain unaffected.

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21. Severability

If any provision of these GTC is or becomes wholly or partially invalid, void or unenforceable, the validity of the remaining provisions shall not be affected. To the extent legally permissible, the invalid or unenforceable provision shall be replaced by a legally permissible provision that most closely reflects the economic purpose of the original provision.

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22. Amendments to the GTC

OTHI may amend these GTC for future orders. The GTC applicable at the time the contract is concluded shall generally apply to orders that have already been placed.

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