TERMS & CONDITIONS

The terms and conditions are only available in German.

March 16, 2020
GENERAL TERMS AND CONDITIONS - OÏOÏOÏ BABY

contents

1 scope

2 subject matter of the contract

3 contractual partners

4 Conclusion of a contract

5 Registration

6 Terms and Rights of Use

6.1 Rental period

6.2 Purchase of rented goods

7 Prices, shipping and packaging costs

7.1 rental price

7.2 Shipping costs

7.1 Packaging costs

8 payment

8.1 Payment options

8.2 Automatic extension of the monthly rental period

9 delivery

10 Ownership

11 Condition of the goods

12 Quality control and defects in rented goods

13 Warranty and use of the rental goods on the part of the customer

13.1 Warranty

13.2 Product Care

13.3 Improper handling and non-compliance with the care instructions

13.4 Loss of the goods

14 Condition of the rental goods

15 Change of dress size and return of the rental goods

16 right of withdrawal

17 Disclaimer of Liability

18 Applicable law and place of jurisdiction

19 Deviating agreements / changes

1 scope

These general terms and conditions (hereinafter “GTC”), in the current version at the time of the order, apply to all deliveries of goods and services by the provider OÏOÏOÏ baby (a company of Bookfun GmbH, 8952 Schlieren) (hereinafter “OÏOÏOÏ”). The order is placed by the customer via the online shop www.oioioibaby.ch and / or www.oioioibaby.com and in writing (including, but not limited to, e-mail, the contact form on the website or post). With her order, the customer expressly declares her consent to these terms and conditions. Deviating agreements must be made in writing to be effective. This offer is valid while stocks last.

Conditions set by customers that contradict these terms and conditions are ineffective.

For the sake of better readability, only the feminine form is used, but what is meant are equally male and female customers.

2 subject matter of the contract

The subject of the contract is the rental or sale and the associated delivery of baby clothing (the "OÏOÏOÏ services"). OÏOÏOÏ offers assembled boxes with 5, 10 or 15 items of clothing (one “set” each) for rent. The individual items of clothing in the respective boxes are selected by OÏOÏOÏ. The clothes are only offered as a set and cannot be rented individually. In the event of a change in size or at the end of the rental agreement, the items of clothing must be returned as a complete set. The clothing sizes offered include EU sizes 50 - 80 for babies aged 0-12 months.

The OÏOÏOÏ services are subject to a monthly rent, which must be paid by the customer.

3 contractual partners

The rental or purchase contract is concluded between

OIOIOI / Bookfun GmbH

c / o Anna Mucha

Brandstrasse 25

8952 Schlieren

and the customer.

4 Conclusion of a contract

The information in the online shop does not constitute a legally binding offer, but a non-binding invitation to the customer to place an order that is binding for this (application to conclude a contract) (invitatio ad offerendum). The order of a customer represents an application with which the will to enter into a contract is bindingly declared. This application is accepted by OÏOÏOÏ by placing an order in the online shop or in another written form (including but not limited to e-mail, contact form on the website or post). Correspondence will be in German or English.

5 Registration

Registration as a customer is required to order services via the online shop. To register, the registration form provided separately or when placing an order must be completed. The customer assures that the information she has provided is true and complete. If personal data changes, it is the customer's responsibility to update the changed data in her user account. All changes can be made online after initial registration. OÏOÏOÏ saves the data entered in the customer database in compliance with data protection requirements. The data is used to process orders and to issue invoices.

6 Terms and Rights of Use

6.1 Rental period

The rental period begins from the date of the order and ends after the customer has given notice of termination. The rental agreement can be terminated at any time with a notice period of one month. For the termination to be effective, all of the rented clothes must be returned and received by OÏOÏOÏ no later than 5 days after the termination date. The minimum rental period is therefore one month. The rental period ends automatically with the return and receipt of the last dress size 92.

6.2 Purchase of rented goods

OÏOÏOÏ offers the option to purchase rented clothing during the rental period at an additional cost. The amount of the respective purchase price is calculated based on the current monetary value of the individual items of clothing. The customer must report any interest in buying to OÏOÏOÏ by email (info@oioioibaby.ch). It goes without saying that purchased clothing no longer has to be returned and / or can be returned.

7 Prices, shipping and packaging costs

7.1 rental price

The rental price is set by OÏOÏOÏ and published on the website ( www.oioioibaby.ch ). The rental price specified at the time of the order applies to the rental agreement.

7.2 Shipping costs

Shipping costs for the regular rental of the goods under the rental agreement are borne by OÏOÏOÏ.

7.1 Packaging costs

OÏOÏOÏ assumes the packaging costs when shipping the goods. For returns, the customer has to use the same cardboard box that was used for delivery. The cardboard boxes are made for multiple use. If the customer no longer has the cardboard box, she can order a new one from OÏOÏOÏ at an additional cost or use her own.

8 payment

8.1 Payment options

OÏOÏOÏ offers the option of paying via Postcard, credit card (Visa, Master) or TWINT.

8.2 Automatic extension of the monthly rental period

OÏOÏOÏ bills the rental of the clothes at the beginning of each month. The rental price is charged pro rata from the conclusion of the contract to the end of the month and then for the entire month.

The lease can be terminated by the customer with one month's notice to the end of each month.

9 delivery

The delivery time covers a period of 5 working days after receipt of the order. The delivery area is limited to Switzerland.

10 Ownership

The rented goods remain the property of OÏOÏOÏ.

11 Condition of the goods

OÏOÏOÏ rents both new and used clothing. The same applies to clothing items that are purchased for purchase.

12 Quality control and defects in rented goods

The garments are professionally cleaned and checked for quality by OÏO VersandOÏ before dispatch. This includes, for example, the functionality of fastener parts (e.g. buttons, straps, etc.).

The customer agrees to carry out a quality control directly after receipt of the goods and to report any defects to OÏOÏOÏ by e-mail up to a maximum of 48 hours after receipt of the order (info@oioioibaby.ch). If the customer does not reply to OÏOÏOÏ by the deadline set, it is assumed that the items of clothing delivered are free of defects.

13 Warranty and use of the rental goods on the part of the customer

13.1 Warranty

If the operating or care instructions are not taken into account by the customer, any warranty is void. This also applies if the defect is due to improper use, storage and handling of the clothing by the customer. Insignificant deviations from the warranted properties of the goods do not trigger any warranty rights. Liability for normal wear and tear is excluded. Warranty claims against OÏOÏOÏ are only available to the immediate customer and are not transferable.

13.2 Product Care

The customer agrees to treat the rented goods carefully and in accordance with the care instructions published by OÏOÏOÏ.

13.3 Improper handling and non-compliance with the care instructions

OÏOÏOÏ reserves the right to charge the monetary value of the clothing after it has been returned if the customer fails to comply with the care instructions and if the rented goods do not have pre-existing defects or defects that have been reported in good time (see section 13 “Quality control and defects in rented goods ”).

Normal wear and tear of clothing is excluded.

13.4 Loss of the goods

The customer is liable for any loss of the goods during the rental period. As soon as an item of clothing has been lost, the customer must report it to OÏOÏOÏ via email (info@oioioibaby.ch). OÏOÏOÏ reserves the right to invoice the new value of the clothes.

If OÏOÏOÏ does not receive the complete set when it is returned and the customer has not received a loss report, OÏOÏOÏ assumes that the customer wants to buy the missing items of clothing. OÏOÏOÏ will then invoice the garments withheld.

14 Condition of the rental goods

The style of the garments is shown by photo in the online shop. The boxes are put together individually by OÏOÏOÏ, which is why deviations in the color and shape of the rental goods cannot be ruled out.

15 Change of dress size and return of the rental goods

The customer is free to choose the length of time to rent the items of clothing according to personal needs. However, it is at least one month. As soon as the items of clothing are no longer needed, this must be reported by the customer to OÏOÏOÏ. To do this, the customer registers in the OÏOÏOÏ online shop and orders the next desired size. A set can only be changed with a set of a larger size.

After receiving the order, OÏOÏOÏ will send the new set within 5 working days. The customer in turn has 5 working days after receiving the new set to return the set that is no longer required to OÏOÏOÏ.

OÏOÏOÏ uses cardboard boxes that are made for multiple use. Therefore, the same cardboard box that was used for delivery should be used to return the items of clothing.

OÏOÏOÏs return address is:

OIOIOI

MYPOST24 PT677911

Güterstrasse 2

8952 Schlieren

After OÏOÏOÏ has received the goods, the returned goods are checked for completeness and quality.

16 right of withdrawal

If the contents of the boxes do not correspond to the customer, she has the right to terminate the contract with OÏOÏOÏ on the next possible termination date in accordance with section 6.1 "Rental period".

17 Disclaimer of Liability

As far as the legal regulations allow, liability for damages, for whatever legal reason, is excluded. In particular, there is no liability for damage, indirect damage or consequential damage caused by auxiliary personnel.

18 Applicable law and place of jurisdiction

Swiss law applies. The place of jurisdiction is Zurich.

19 Deviating agreements / changes

Changes to the provisions of the contractual relationship can be made after consultation between OÏOÏOÏ and the customer and must be made in writing.