1. Introduction

These General Terms and Conditions (hereinafter “GTC”) of OY Surf Apparel GmbH (hereinafter OY) apply to all services and products (hereinafter “products”) of the online store of OY Surf Apparel GmbH. All other services are regulated in separate terms and conditions. At OY, every natural and legal person who maintains business relations with OY is referred to as a customer.

2. Scope of the GTC

The GTC apply to all products or services that OY offers in the online store. Sale and delivery are made only according to these GTC. Terms and conditions of the customer that are contrary to or deviate from these GTC will not be recognized unless OY has expressly agreed to their validity in writing. The respective binding version of the GTC is published at www.oysurf.com/ch/en/terms-and-conditions/.

3. Price details

All prices of OY are inclusive of VAT, unless otherwise stated. For all visitors of the website outside Switzerland, the prices are displayed excl. VAT.

4. No warranty for product information and availability and warranty information.

OY always endeavors to provide customers with the best possible information and clarification about the products and services offered. This information is in part obtained directly from the manufacturers or suppliers and is compiled by OY for customers in a clear and customer-friendly manner. Any information about products, services, recommendations, warranty conditions and warranty periods published by OY are therefore without guarantee and not to be understood as an assurance. In particular, no liability can be assumed for the accuracy, completeness and timeliness of the information.
OY attaches great importance to maintaining the availability information carefully and to displaying it as correctly and accurately as possible. However, due to production or delivery bottlenecks or due to incorrect stock data, delivery delays may occur. All information on delivery times is therefore not binding and without guarantee and may change at any time and without notice. Delivery may also be completely impossible if a product can no longer be manufactured or supplied. In this case, a delivery possibility occurs in accordance with Section 5 of the GTC.

5. Conclusion of contract

The products, services and prices published at www.oysurf.com are considered as an offer (quotation). However, this offer (quotation) is always subject to the (resolutive) condition of an impossibility of delivery or an incorrect price quotation (on the part of the manufacturer or OY). This means that there may be non-delivery due to unavailable items.

The contract is concluded as soon as the customer places his order via the online store, by phone or e-mail. The arrival of the order in the case of an online order is indicated to the customer by means of an automatically generated order confirmation by e-mail. The receipt of the automatically generated order confirmation does not contain a promise that the product is actually available or can be delivered. It merely indicates to the customer that the submitted order has been received by OY and thus the contract has been concluded, which is subject to the resolutory condition of non-delivery.

In the event that one of the above (resolutive) conditions occurs, the contract shall be dissolved immediately and without the participation of the parties. We shall inform our customers about such dissolution immediately. If the delivery of the product has already taken place before, the ownership automatically reverts to OY and the customer is obliged to return the product (with reimbursement of the paid price by OY). If the handover of the product has not yet taken place, the customer is neither obliged to pay the purchase price nor to accept the product. As a result of such termination of the contract, OY is not obliged to make a replacement delivery.

6. Terms of payment

The customer agrees to pay with the payment options provided by OY. Currently, payment can be made with the supported credit cards (Stripe) which are visible at checkout, by Direct Bank Transfer (bank transfer) or by PayPal. After the purchase, a quitting will be sent to the customer by e-mail and the order will be compiled and prepared for shipment at OY.

Products delivered to the customer remain the property of OY until the purchase price is paid in full. The customer grants OY the right to enter any retention of title in the retention of title register.

7. Delivery

Unless otherwise agreed, the goods are delivered from the warehouse to the address specified by the customer. Unless OY have clearly stated otherwise in the product description, all items offered by us are ready for immediate shipment. In this case, the shipment takes place within 5 working days at the latest. In the case of payment by Direct Bank Transfer (bank transfer), the shipping period begins on the day after the payment order to the bank responsible for the transfer, and for all other payment methods on the day after the conclusion of the contract. When shipping abroad, additional costs may be incurred due to VAT and fees for customs clearance. OY has no influence on these costs. These costs are borne in any case by the customer.

8. Delay of payment

If the Customer fails to meet its payment obligations in whole or in part, all outstanding amounts owed will become due immediately. OY reserves the right to suspend all deliveries. In addition, OY reserves the right to cancel the affected orders. This termination of the contract will take effect automatically and without notice after seven days after OY has unsuccessfully sent the customer a request for payment.

9. Return

Returnable items can be sent back to OY within 7 days from receipt of the goods. Please note: The goods must be returned new, unworn, unwashed and in their original condition including label(s) and original packaging. If the returned goods are not as good as new, OY reserves the right to refuse the return in serious cases. In less serious cases, or in the absence of original packaging or accessories, OY takes the liberty of charging a processing fee of 15 CHF and deducting it directly from the refund amount. The direct costs of returning the goods and related costs of customs clearance will be borne by the customer. In the case of defective or incorrectly shipped products, OY will cover the cost of return shipping.

OY recommends that customers outside of Switzerland contact service@oysurf.com before returning goods to avoid complications with customs and high return shipping costs.

Postal address for returns & complaints:

OY Surf Apparel GmbH
Bertastrasse 2
8003 Zürich

The right of return is excluded for the following products:

• Items from special promotions (e.g. sale, special sales)
• Items with the note “This product is excluded from exchange and return.”
• Items from the category U.W.W. (Under Wetsuit Wear)

If the above products are defective, incomplete or in poor condition, they can be returned. In this case, OY will endeavor to provide a replacement of equal value. If this is not possible, the money already paid will be refunded.

10. Exchange

Due to the process, an exchange is only possible in the form of a return with a subsequent new order. For this purpose, the customer may return the goods within the period granted in clause 8. OY will then refund the purchase price of the returned goods. The customer can then purchase the new product through the normal ordering process. To ensure that the desired product is available, we recommend that the customer order the new product immediately.

11. Warranty and guarantee

Warranty claims of the buyer shall be governed by the statutory provisions of the law on sales.

Products delivered or collected from our warehouse are to be checked immediately for correctness, completeness and intactness. In case of any defects or damages (visible or non-visible), these must be reported by the customer to OY immediately after discovery, but at the latest within 7 calendar days after receipt of the shipment or takeover of the products. Defects and damages include the following: Open seams, stains, holes and execution errors. For the further procedure of the claim settlement, the consignment must be kept in the delivery condition and the product must not be used. The warranty is valid from the date of delivery. It expires in case of improper use or natural wear. OY reserves the right to decide individually in case of warranty.

12. Repair

Should a repair be considered under warranty, OY recommends that the customer have this repair performed by a local provider. OY will bear the costs of the repair. In any case, a prior coordination is mandatory. The customer can contact OY via support@oysurfapparel.com.

13. Liability

Claims for damages arising from non-delivery, breach of contract, culpa in contrahendo and tort are excluded entirely against OY and against OY’s vicarious agents, except in cases of intent or gross negligence. Any liability for indirect and consequential damages resulting from the use, malfunction or failure of performance of goods delivered by OY is excluded.

14. Changes to the GTC

We expressly reserve the right to unilaterally amend these GTC at any time without prior notice. The GTC as published at www.oysurf.com/ch/en/terms-and-conditions/ shall apply in each case.

15. Choice of law

In any case, the relations between OY and the Customer shall be governed by Swiss law in accordance with the provisions of the Swiss Code of Obligations (OR) and the Swiss Civil Code (ZGB). The application of the provisions of the Vienna Sales Convention (“United Nations Convention on Contracts for the International Sale of Goods”) is expressly excluded.

16. Jurisdiction

The place of jurisdiction is Zurich, unless the place of jurisdiction is governed by the Jurisdiction Act. However, OY reserves the right to sue the customer in the courts of his domicile or in any other competent court.

Date of the GTC: 15.03.2023