Terms and Conditions

1. Scope and contractual partner

These Terms and Conditions apply to orders placed by customers through the online store operated by:

TheOtherOne GmbH
Rheinbrückstrasse 1
4332 Stein
Switzerland

Company registration number: CH-400.4.457.307-5
VAT/UID number: CHE-173.397.805
Email: info@to-1.info

The contractual seller is the Swiss company identified above. Any fulfilment or return address in Germany is used solely for logistics and does not make the warehouse operator the contractual seller.

These Terms apply primarily to consumers. A consumer is a natural person who enters into a transaction for purposes predominantly outside their trade, business or profession.

2. Products and product presentation

The presentation of products in our online store does not constitute a legally binding offer.

We make reasonable efforts to display product descriptions, sizes and colours accurately. Minor colour differences may occur due to screen settings and technical display characteristics. This does not affect your statutory rights where the goods materially differ from the agreed description.

Product changes and discontinuations apply only to future orders and do not affect contracts already concluded.

3. Ordering process and conclusion of contract

You may place products in your shopping cart and review and correct your order details before submitting the order.

By clicking the button indicating that the order entails an obligation to pay, you submit a binding offer to purchase the products in your cart.

The automatic order acknowledgement confirms that we have received your order but does not constitute acceptance unless expressly stated otherwise. The purchase contract is concluded when we send you a dispatch confirmation or otherwise expressly accept your order.

We may decline an order before acceptance for legitimate reasons, including lack of availability, payment failure, delivery restrictions, an obvious pricing error, suspected fraud or reasonable indications of commercial resale.

If payment has already been collected for an order that we do not accept, we will refund the amount without undue delay.

4. Prices and shipping costs

For delivery addresses within the European Union, the prices displayed in the online store include the applicable value added tax unless expressly and lawfully stated otherwise.

Shipping costs and any other charges payable by the customer are displayed before the customer submits the order.

Goods delivered from our EU warehouse to an address within the European Union are not subject to additional import duties charged to the customer.

For deliveries outside the European Union, additional taxes, customs duties or import charges may apply. Where such charges cannot be calculated and collected by us in advance, the customer will be informed before placing the order that additional charges may be imposed by the competent authorities.

Price changes do not affect contracts already concluded.

5. Payment

The payment methods available for each delivery country are displayed during checkout.

You must use a payment method that you are legally authorised to use. The payment provider’s additional terms may apply.

6. Delivery

We deliver to the countries available for selection during checkout.

The applicable delivery time is stated on the product page, during checkout or in the order information. Unless expressly agreed otherwise, stated delivery times are expected delivery times.

If we fail to deliver within an agreed or legally applicable period, your statutory rights remain unaffected.

We may make partial deliveries where this is reasonable for you and does not result in additional shipping costs.

7. Transfer of risk

For purchases made by consumers, the risk of accidental loss or damage passes to the customer when the customer, or a third party designated by the customer other than the carrier, takes physical possession of the goods.

This does not apply where the customer independently commissions a carrier that was not offered or previously identified by us, to the extent provided by applicable law.

8. Retention of title

The goods remain our property until full payment has been received, to the extent permitted by applicable law.

9. Withdrawal and voluntary returns

Consumers may have a statutory right of withdrawal. Details are set out in our separate Withdrawal and Return Policy, including the model withdrawal form.

In addition to statutory rights, we may offer a voluntary 30-day return policy under the conditions stated in our Withdrawal and Return Policy.

The voluntary return policy does not restrict statutory withdrawal rights or statutory rights relating to defective goods.

10. Defective goods

The statutory rights relating to defective, damaged or incorrectly delivered goods apply.

Any voluntary commercial guarantee or return policy applies in addition to, and does not limit, mandatory statutory rights.

Please contact us at info@to-1.info if you receive defective, damaged or incorrect goods. A prompt notification helps us resolve the matter but does not reduce your statutory rights.

11. User accounts

Where customer accounts are available, you are responsible for keeping your login credentials confidential and should notify us promptly if you become aware of unauthorised access.

We may suspend an account for material breach, fraud, misuse or security reasons. Suspension of an account does not affect contracts already concluded or mandatory statutory rights.

12. Intellectual property

The content of our online store, including texts, images, designs, trademarks and logos, is protected by applicable intellectual property laws.

You may use the online store and its content for personal, non-commercial purposes. You may not reproduce, distribute or commercially exploit protected content without permission, except where permitted by mandatory law.

13. Third-party services

Our online store may use or link to services provided by third parties, including payment and delivery providers. Those services may be subject to the third party’s own terms and privacy information.

We are not responsible for third-party content or services outside our control, except where liability arises under mandatory law or from our own breach of duty.

Shopify provides the technical e-commerce infrastructure for our online store but is not the seller of our products. The purchase contract is concluded solely between the customer and [full legal company name].

14. Reviews and customer content

You may submit reviews or other content only if you have the necessary rights and the content is lawful, accurate and does not infringe the rights of others.

By submitting content, you grant us a non-exclusive, worldwide, royalty-free right to reproduce and display the content for the operation and promotion of our store and products for the duration of the applicable intellectual property rights.

We may remove content that is unlawful, abusive, misleading, promotional, contains personal data of third parties or infringes third-party rights. We will not remove an authentic review merely because it expresses legitimate criticism.

15. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, under mandatory product liability law, and where we have expressly assumed a guarantee.

In cases of slight negligence, we are liable only for breach of an essential contractual obligation whose fulfilment is necessary for proper performance of the contract and on whose fulfilment the customer may ordinarily rely. In such cases, liability is limited to the foreseeable damage typical for the contract, to the extent permitted by applicable law.

Mandatory statutory liability remains unaffected.

16. Privacy

Information on how we process personal data is available in our Privacy Policy [link].

17. Applicable law

These Terms and contracts concluded through our online store are governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods.

If you are a consumer, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence.

18. Jurisdiction

Mandatory statutory rules on jurisdiction apply.

Nothing in these Terms restricts the right of a consumer to bring proceedings before a court competent under mandatory consumer-protection law.

19. Amendments

The version of these Terms made available to the customer at the time of the order applies to that order.

Changes to these Terms apply only to future orders unless a change is required by law and may lawfully apply to an existing contractual relationship.

20. Severability

If any provision of these Terms is invalid or unenforceable, the remaining provisions remain unaffected. The applicable statutory provisions shall apply in place of the invalid provision.