Terms & Conditions

Please read the terms and conditions carefully before using, Open Wear GmbH, Wylerstrasse 75, 3014 Bern, Switzerland (CHE-387.727.985), open-wear.com (the “Website”). By using and shopping on our Website, you agree to accept the terms and conditions described below. As the terms and conditions may be updated from time to time (for example to reflect changes in technology, our business model, our system’s capabilities or relevant laws and regulatory requirements), we recommend that you check this page regularly to take notice of any changes we may have made in the terms and conditions.

Ordering

The online store is open 24 hours a day, except if due to maintenance work. For your convenience, we endeavour to execute such work in the night time.

In order to shop at open-wear.com you must be at least 18 years of age and possess a valid credit card accepted by us. You have the right to inform us of your withdrawal of the purchase, without penalty and without justification, within 14 days as of the day following the delivery of the product.

Please note that we only accept orders from private consumers, and you are not allowed to place orders for or on behalf of a business.

Your national legal guarantee of conformity for goods applies to this purchase.

At the moment we can only fulfil your order if the delivery address is a home or office address in one of the countries we deliver to. Further, we do not deliver to P.O. boxes.

We may decline an offer or cancel a purchase in any of the following situations, without being liable for any damages or costs. We will notify you by email in advance of any such action, to try and resolve the issue and will return any applicable payments made to us without deduction:

– Your payment information is incorrect or not verifiable, or you are not approved in the credit evaluation;

– Your order may have been placed for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;  There was an unintentional error on the Website; e.g. a payment error etc.;

– We have reason to believe you are a minor under the age of 18;

– We could not deliver to the address provided by you.

By placing an order on our Website, you are making an offer to us to purchase the products you have selected on these terms and conditions. We may or may not accept your offer at our discretion. We can only accept offers that are made through our website. We cannot accept offers made by phone, e-mail, letters or fax.

At what point in the ordering process are you bound by your order?

The moment you click “Pay” and the receipt is displayed on your screen, you are bound by your offer, however, please see “Returns, Withdrawals and Complaints”.

The displayed receipt is an automated acknowledgement that means we have received your submitted offer. However, the acknowledgement does not mean that we have accepted your offer, and we reserve an explicit right to decline your offer after you have received the automatic acknowledgement.

If we accept your offer, you will receive an e-mail from us confirming that we have accepted your order (order confirmation). The contract between you and us will be effective from the time that the order confirmation is sent.

If you made an error when placing your order, please contact us and we will be happy to assist you. However, please always make sure to review your offer before placing it. Before submitting, you have the possibility yourself to edit any information you have entered, such as the delivery or billing address or credit card information, or change or delete items in your shopping bag.

Language of the contract

The language of the contract is English.

Access to the agreement

We store all contracts made, including your offer and the order confirmation, and we recommend that you file these too, as subsequently, the documents will not be accessible. However, please see “Track your order and view history”.

Fraud screening

In order to protect our customers and maintain the security of shopping online, we may run verification checks on the data you submit when you place an offer. These checks may include address and payment verification and screening of your offer to prevent fraud.

Payment Methods

We accept the following payment methods:  VISA,  MasterCard,  Amex (Not from France),  Maestro (UK only), GiroPay (Germany only), Paypal,  iDeal (Netherlands only),  Real Time Banking / Sofort Banking (Austria, Belgium and Germany only).

Please note that we cannot accept any payment methods not specified above. If you try to pay by any other methods, we will not be liable for your loss of payment or any other damages caused by your action.

Credit Card Verification Number

To maintain your own security and prevent fraud, you will be asked to enter your Card Verification Number (CVV) when paying with credit card. You can find the 3 digit number on the back of your credit card. It generally appears to the right of your credit card number.

Payment processing

If you place your order with a credit card, the payment will be deducted from your bank account when your order and data have been verified and your ordered products leave our stock for delivery.

If you place your order using Paypal, Real Time Banking, iDeal or a debit card, the payment will be deducted from your account when we confirm your order. If you place your order with Klarna the payment will be deducted from your bank account once you have paid the invoice.

Please note that your billing address must be entered exactly as it appears on your bank statement.

Prices & VAT

If you are residing in Switzerland, Liechtenstein or the EU, all prices on products, delivery charges and other services include the value-added tax (VAT). The delivery charge is added per order. For details concerning the charges for your specific country, please visit our Website. We will always inform you of the total price, including all taxes, VAT and other costs such as fees and possible delivery costs before you place your order.

If you are residing outside Switzerland, Liechtenstein or the EU we will not charge value-added tax (VAT) to your order. You will be responsible for all import duties, taxes, VAT and tariffs. These are also not included in the delivery charges.

The prices displayed on the Website are those that apply at the time of purchase. The prices may be subject to change without notice, but changes will not affect orders which we have accepted. We endeavour to avoid information errors, but please note that pricing errors, spelling errors and other errors or mistakes can occur from time to time. We will verify prices as part of our confirmation procedures. If the correct price is less than our stated price, the lesser amount will be charged to you. If the correct price is higher than the price stated on our Website, we will attempt to contact you. If we are unable to contact you, we will reject your offer and notify you by e-mail.

Currency

All displayed prices are quoted in the currencies EUR, CHF or USD. If a price is quoted in USD, this is only a price indication. The order will be processed in CHF. If you want to change the country selection please use the country selector at the bottom of the site. Your delivery address will decide which currency you will be charged in.

Please note that changing the country of delivery may have an influence on the price and the delivery costs. You may pay in any of the currencies listed below: Euro (EUR) and  Swiss francs (CHF)

Order security

We utilise Security Socket Layer (SSL) technology, one of the most secure systems for ordering online that allows encryption of your information, such as your name and address, and critical personal information, such as credit card information. Your information will be encrypted from the moment you enter it, and your personal information will not be saved on a public server. That means that information passed between you and our Website cannot be read in the event someone else intercepts it. The SSL technology provides an authentication that assures your browser that your data is being sent to the correct secure computer server; an encryption that encodes all data, so only the secure server is able to read it; and a data integrity that checks that the transferred data has not been altered.

Deliveries

We currently deliver to the following countries:  Australia, Austria,  Belgium,  Bulgaria, Canada,  Croatia, Cyprus, Czech Republic, Denmark (excl. Faroe Islands and Greenland), Estonia, Finland (excl. Aland Islands),  France (excl. Guadeloupe, French Guiana, Martinique, Réunion, Mayotte, Monaco, Saint Pierre, Wallis and the Futuna Islands and New Caledonia), Germany (excl. Island Helgoland and area of Busingen), Greece, Hong Kong, Hungary, Iceland, Ireland, Italy (excl. Campione d’Italia, Livigno, San Marino and Vatican City), Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, The Netherlands (excl. Aruba and Antilles), New Zealand, Norway (excl. Svalbard), Poland, Portugal, Romania, Singapore, Slovakia, Slovenia, South Korea, Spain (excl. Canary Islands, Ceuta and Melilla), Sweden, Switzerland, United Kingdom (excl. Channel Islands, Isle of Man, Jersey and Guernsey) and United States.

Delivery Terms

Our courier partners will try to make up to 3 delivery attempts. If you fail to receive your order on any of these attempts, the parcel will be returned to us. You may contact the courier directly to agree the delivery time of any redelivery attempt. Orders will be delivered Monday through Friday. Please note that we do not ship to P.O. boxes. All deliveries must be signed for at receipt, except if another option is provided by the courier. If the order is delivered to a pick-up point, the courier will keep the parcel for 10 calendar days before returning it to us as undelivered.

Split delivery

If your order consists of several items we reserve the right to split the delivery. This can happen if certain items are delayed at the time of ordering. In the event of split delivery, you will receive tracking for each parcel. You will not be charged for any additional delivery costs.

Product inspection

Please note that you bear the risk for the products you have ordered when the delivery is completed. If the packaging appears to be damaged, please do not accept the shipment.

Without prejudice to your statutory rights and remedies, you have the responsibility of inspecting your products for any faults and, in the event, giving us notice of any complaints. In the case of defective products or nonconformity with your order, you will have the choice of returning the defective product and we will refund you the purchase price and all delivery cost when we have handled your return. You also have the right to keep the defective product and ask for a reduction of the price.

Delivery Times

Your ordered products will be delivered from Monday through Friday, and the exact delivery time depends on the country of delivery. An order that has been submitted on a German public holiday will be processed the next working day following the public holiday.

Track your order and view history

When you have an account at open-wear.com, you can track your orders by visiting “My Account” and clicking “My orders”. There you can view your past orders and the status of your current order. If you don’t have an account, please contact us and we will do our best to inform you about your order status.

Returns, Withdrawals and Complaints

If you are a consumer (i.e. a private individual and not purchasing products on behalf of a business), you may withdraw your order at any time within 14 days.

The right of withdrawal period

The withdrawal period commences at the receipt of the product and expires 14 days later. In case of split deliveries, the withdrawal period expires 14 days after receipt of the last product. How do you exercise your right of withdrawal? Before the expiry of the withdrawal period, you must inform us of the withdrawal with a notice sent on paper or another durable medium to which we have access, e.g. by letter or by sending us an email. You may use the withdrawal form attached below, but it is not obligatory.

In addition, you must return or give back the product to us within a reasonable time from sending the notice, in any case no later than 30 days from the day on which we were informed about your decision to withdraw from the purchase.

Please see the Return page for more information. You can also exercise your right of withdrawal if, before the expiry of the 14-day period, you hand over the product to the postal services or another operator who has taken on the task of forwarding the product to us, even if you have not given prior notice to us. You may also exercise your right of withdrawal by abstaining from receiving the product or by abstaining from collecting it at the post office etc.

Effects of withdrawal

If you use your right to withdraw, we will reimburse you the purchase price and the delivery costs, subject to the following:  Delivery costs are only reimbursed to you, if you have chosen the least expensive type of delivery, and additional cost for express delivery are not reimbursed. Return costs are will not be reimbursed, unless mutually agreed upon reimbursement before you ship the product back.

Repayment will be made without undue delay and in any event not later than 7 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. You are only liable for any diminished value of the product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the product.

Returning defective products

When we ship your products, we do our best to make sure that the products are top quality and in perfect condition. In the case of defective products or nonconformity with your order, you will have the choice of returning the defective product and we will refund you the purchase price and all delivery cost when we have handled your return. You may also choose to keep the product and ask for a price reduction. Please note that products that are damaged as a result of wear and tear are not considered to be faulty.

The claim shall be made when you discover the defect. Any notice given within a period of two months after you discovered the defect is deemed a timely notice, but in certain cases, a longer period may apply under applicable law. Please contact us and we will arrange for the product to be collected by our courier. If you wish to place another order, we will be happy to assist you.

Incorrect Items

Occasionally the wrong item may get sent out. If this has happened to you, we sincerely apologize. Please contact our Customer Care Team who will be able to re-order the correct item for you and arrange for the incorrect product to be collected by our courier.

Refund Information

After we receive and process your request you will be issued with the appropriate refund. We aim to process a refund within 3 days of receiving your parcel and send you an e-mail to let you know we have received and processed it.

After you have received the e-mail, please allow another 5-10 working days for the refund to be credited to your account. The amount of time this takes will depend on which bank or card issuer you have. Unfortunately, this delay is outside of our control. You can expect a refund in the same form of payment originally used for purchase. In the event that we are unable to refund your credit card, we will contact you to arrange an alternative means of refunding your order.

Availability & Offer Validity

We endeavour to have all offered items in stock. In the event that ordered items are out of stock, we reserve the right not to accept your offer. You will be informed by e-mail and any payments will be refunded if the payment was already processed. The prices and offers displayed on the Website are valid at the time they occur unless other specific terms are stated on the Website. Pricing errors, spelling errors and other errors or mistakes can occur. We will verify prices as part of our confirmation procedures. If the correct price is less than our stated price, the lesser amount will be charged to you. If the correct price is higher than the price stated on our Website, we will attempt to contact you. If we are unable to contact you, we will reject your offer and notify you by e-mail.

Discount Program

The discount program is designed to reward loyal customer behaviour. Therefore, we track and reward your interactions on our website. Open Wear holds the rights to at any given time, without any notice, change or cancel the point system, change or cancel the discount percentage, change or cancel the amount of given points and change or cancel the validity of the points. The collected points cannot be transferred to another user and are only valid to purchase made directly with the account linked to the points. Points for multiple accounts cannot be accumulated for any orders.

Copyright & Trademarks

All contents included on the Website, such as, but not limited to, design, text, graphics, logos, video and audio clips, images, button icons and the compilation thereof, software compilations, source coding and software, are the property of Open Wear or our suppliers. The contents are protected by Swiss and international copyright laws. Open Wear or our content suppliers own the copyright to the abovementioned. The contents of the Website may only be copied for your own private use. Any other use of the information and material on the Website, such as reproduction, modification, distribution, transmission, republication, display or performance is strictly prohibited. You may therefore not – besides your own private use – copy, display, download, distribute, alter, modify, reproduce, republish or rephrase information, text, documents or other material from the Website or any other part of the Website without the explicit consent from Open Wear or our suppliers. Brand names, product names, logos and titles that appear on the Website are trademarks or trade names and are the property of Open Wear or our suppliers. Any reproduction of such trademarks or trade names constitutes an infringement of the owner’s rights and is strictly prohibited unless it is for your own private use.

Disclaimer of Liability

We are only liable for damages when such damages result from our breach of contractual obligations towards you, or in the event our liability follows from the applicable statutory law.

If any activities on open-wear.com have caused you damage, we shall only be liable for damage to the Open Wear products, reasonable and verifiable costs incurred by you to find out the cause and amount of damages as a result of our breach of contract or liability under applicable statutory law; and reasonable and verifiable cost to prevent and diminish such damages.

We shall not be liable for any damages incurred by a third party resulting from the use of our products. Neither shall we be liable for your improper use of any of our products. To the fullest extent permitted by law, we shall not be liable for any damages resulting from incorrect information on the Website.

The limitations mentioned above shall not apply in the event you suffer damages resulting from our gross negligence or willful misconduct.

We guard and respect our customers’ personal data and safety, although we cannot totally guarantee the security of information and payments transmitted online. To the fullest extent permitted by law, we shall not be liable for damages suffered as a result of the use of electronic means of interactions, such as, but not limited to, damages resulting from errors or delays in delivery of communication, interception or manipulation by third parties or by computer programs and transmission of viruses.

Information on the Website

We make a great effort to avoid errors on the Website, but information, text, images, graphics, video and audio clips and other website services may temporarily contain errors, be incomplete or incorrect. In such events – to the fullest extent permitted by law – we cannot be held liable for damages resulting hereof unless such damage is the result of our gross negligence or willful misconduct.

Links

We shall not be liable for any use of or any content of internet sites that this Website provides links to. Neither shall we be liable for use or content of any websites from which are linked to this Website.

Applicable Law

Without limiting your rights as a consumer under the laws of your country, these terms and conditions, as well as all disputes or claims arising hereof and of using or shopping on the Website, shall be governed by the laws of Switzerland.

Our right to vary these terms and conditions

We reserve the right to revise and amend these terms and conditions from time to time.

Your order will be subject to the policies and terms and conditions in force at the time when you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you). If we change these policies or these terms and conditions after you have placed your offer, but before we send you the order confirmation, we will notify you of this. If you do not inform us that you can accept these new policies or these terms and conditions within seven working days, we will cancel your offer and notify you by e-mail.

Withdrawal form

To Open Wear GmbH, Wylerstrasse 75, 3014 Bern, Switzerland, hello@open-wear.com:

I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods/for the provision of the following service,

Ordered on/received on:,

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper):

Date:

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