Effective as of April 13th, 2023. 

WELCOME

1.1 Omphoria is an online seller of mental wellbeing tools. You can purchase our products or checkout as a guest. You can browse this site, use of which is also subject to these terms and conditions (which we call these ‘Terms of Use’) and to our privacy policy (which we call ‘Privacy Policy’)

1.2 Our registered office is Engelstrasse 7, 8004 Zürich, Switzerland. You can contact us by email at info@ohmphoria.com.

1.3 These terms explain the basis on which you may use our site, order products and our general respective rights and responsibilities.

 

 

ACCEPTING THESE TERMS

2.1 These terms set out the basis on which you may purchase products on our website. Please read them and ensure you understand them before ordering any products.

2.2 By placing an order on the Omphoria website, you confirm your acceptance of these terms.

2.3 We may amend these terms from time to time. We may do this for any reason, including for example to reflect changes in law, or best practice, or because we have changed the functionality of our website. Any amendments to these terms will not impact any orders that you have placed.

 

PLACING ORDERS

3.1 Some of our products may not be suitable for everyone and/or have certain usage, storage and/or other limitations and restrictions. The limitations and restrictions are made available on our product pages. You should read these carefully both before ordering, and using, any products.

3.2 Any product or other information (such as instructions for a particular product use) is made available for information purposes only and is not intended as professional advice. Before you buy or use a product, you should seek professional advice from a person who is appropriately licensed and/or qualified.

3.3 You may only place orders on our website if you possess a valid debit or credit card.

3.4 When placing an order, please ensure that you provide complete and accurate information. It is your responsibility to ensure that the order is correct and accurately reflects your selection. If an order is not correct in any way, you must notify us immediately by contacting info@ohmphoria.com.

3.5 Your submission of an order constitutes an offer from you to buy the products from us via our website. On receipt of your order, we shall take payment and then send you an e-mail explaining whether the order has been accepted. If your order is accepted, the email will confirm the order details, order number, shipping address, billing address and shipping method. If, for any reason, we do not accept your order, we will issue you a refund of any monies taken at checkout.

3.6 We are not obliged to accept any order, and no contract comes into force until you receive a positive order confirmation.

3.7 If you place an order and the product is out of stock or no longer available, we will let you know during the order checkout process. No payment will be processed in such a case. 

3.8 If you discover that you have made a mistake with your order after we have sent you an order confirmation email, let us know immediately by contacting info@ohmphoria.com. We shall try to rectify mistakes but may not always be able to do so, although you may still have the right to cancel, which we explain below.

 

PAYMENT AND DELIVERY

4.1 All prices include any applicable VAT.

4.2 Orders that are delivered to an address outside the US may incur duties and other taxes. You will be liable to pay any customs duties and/or sales taxes that are relevant to your order.

4.3 The price of a product as stated on our website does not include delivery charges. Any delivery charges will be made clear during the check-out process on our website.

4.4 Payments for all products must be paid in US Dollar or such other currency as stated on our website from time to time. Payment will be taken at checkout.

4.5 Our website sets out the method of payments that we are able to accept.

4.6 Rejected orders: Because of standard banking procedures, once you have submitted an order and your payment has been authorised, your bank or card issuer will ‘ring-fence’ the full price of your order. If your order is subsequently rejected or cancelled for any other reason, your bank or card issuer may not transfer the funds for the order to us, and may instead release the relevant amount back into your available balance. This may take 3 to 5 working days (or possibly longer, depending on your bank or card issuer). We are not responsible or liable to you in relation to this delay by your bank or card issuer in the release of funds back into your account.

 

YOUR RIGHT TO CANCEL (CANCELLATION POLICY)

5.1 If you, acting as a consumer, place a product order, you have the right to cancel that order for convenience if you change your mind about those products and to get your money back as explained below. You can cancel orders that haven't entered the shipping process yet. For cancellations please reach out immediately to info@ohmphoria.com.

5.2 If you exercise your right to cancel in accordance with these terms, we will refund you all payments received from you in respect of the cancelled products excluding the costs (if any) of outbound delivery paid by you (except where there is something wrong with the products delivered, for example, they are faulty or not as described).

5.3 Except where products supplied to you are faulty or not as described, you are responsible for the costs of returning the products, unless we have notified you that we offer a free returns service.

5.4 Any refunds payable to you shall be paid to you using the same method used to pay and within 14 days of the earlier of the date that: (a) we receive the relevant products back from you; or (b) you provide evidence that you have returned the products to us at the correct address.

5.5 If you exercise your right to cancel in accordance with these terms of purchase prior to the products being dispatched, we will refund you within 14 days of the date on which you notified us of your decision to cancel the order.

 

YOUR RIGHT TO RETURN (RETURNS POLICY)

6.1 You may return products to us by contacting info@ohmphoria.com if: (a) you decide to cancel your order (in accordance with our cancellation policy above); (b) the products are faulty or damaged; (c) any products are missing from your order; or (d) the products are not as described.

6.2 You also have the right to return a product without any reason within 30 days of the receipt of the product if it is in an unused and undamaged condition.

6.3 Unless we tell you otherwise, if you wish to return a product, please ensure that you: (a) contact us in advance by email at info@Ohmphoria.com to tell us that you wish to return the product; (b) ensure that the product to be returned is unopened and in its original packaging; (c) package the product to be returned in a secure and safe manner; (d) retain proof of posting; and (e) follow any other reasonable instructions given by us.

6.4 Please return all products to us at the address specified by us in writing. You will be responsible for the costs of returning products to us unless the product is faulty or not as described.

6.5 If we are unable to accept a returned product, we will contact you and shall, at your request, return the product to you at your cost or make it available for your collection.

 

FAULTY GOODS

7.1 As a consumer, you have legal rights in relation to products that are faulty or not as described. These rights are not affected by your right of cancellation for convenience, or anything else in these terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.

7.2 If a product is faulty or not as described, or if a product is missing from your order, please let us know as soon as reasonably practicable in accordance with our Returns Policy (see below).

 

YOUR RIGHTS AND OUR LIABILITY

8.1 As a consumer, you have certain legal rights. These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015. Nothing in these terms affects these rights.

8.2 We do not exclude our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any matter where it would be unlawful for us to limit or exclude our liability.

8.3 All products on our website are manufactured and listed for sale by us. We do not make or give any warranties or other promises (express or implied) about their safety, quality, or fitness for purpose other than those required by law.We are not responsible for faulty products, products that are not fit for purpose or products that are not as described, except where we have breached our own obligations or applicable law.

8.4 If we fail to comply with our own obligations under these terms, we are only responsible for loss or damage you suffer that is a foreseeable result of our breach. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process.

8.5 Subject to clauses 8.1 and 8.2, we will not be liable for: (a) any loss of profits, sales, business, or revenue; (b) loss or corruption of data, information, or software; (c) loss of anticipated savings; (d) loss of goodwill; or (e) any indirect loss.

8.6 Subject to clauses 8.1 and 8.2: (a) our total maximum liability to you arising under or in connection with our website or your use of it, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not, in respect of each product purchased, exceed the price of that product paid to us; and (b) we shall have no liability where you do not make a purchase.

8.7 We provide you with access to and use of our website on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions, undertakings and other terms (whether implied by statute, common law, course of dealing or otherwise), except as expressly stated.

8.8 You agree to take all reasonable steps to avoid or mitigate any loss or damage.

 

USE OF OUR WEBSITE

9.1 If you proceed through the purchase checkout page, sign up for a newsletter or raise a query we will use any information provided in accordance with our privacy policy.

9.2 Other than as set out in these terms, you are solely responsible for any use of our website with your details (including your email, payment details and any unauthorised use). You agree to provide accurate information about yourself. It is prohibited to use false or misleading information or to impersonate another party when using our website.

9.3 You may use our website, and print and download extracts from our website, only for your own personal non-commercial use and only on the following basis: (a) you do not misuse our website (including by hacking or scraping); (b) the copyright and other intellectual property rights in our website and in the materials published on it (including photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these terms, any use of extracts from our website other than for your personal non-commercial use is prohibited; (c) you do not modify the digital or paper copies of any materials and you do not use any pictures, photographs or any other graphics, video, or audio sequences separately from any accompanying text; (d) you ensure that our status as the author of the material on our website is acknowledged; and (e) you do not use any of the materials on our website or our website itself for commercial purposes.

9.4 Except as stated in clause 10.3, our website may not be used, and no part of our website may be reproduced or stored on any other website or included in any public or private electronic retrieval system or service.

9.5 Any rights not expressly granted to you are reserved.

9.6 You must not: (a) use spiders, robots, data mining techniques and/or other automated devices or programs to catalogue, download or otherwise reproduce, store, or distribute content available on our website; (b) use any such automated means to manipulate our website, such as automating what are otherwise manual or one-off procedures; (c) take any action that may interfere with, or disrupt, our website or any other user's use of our website, including via means of overloading, 'flooding', 'mailbombing' or 'crashing' our website, circumventing security or user authentication measures or attempting to exceed the limited authorisation and access granted to you under these terms; (d) frame portions of our website within another website; and/or (e) resell or grant use of, or access to, our website to any third party.

9.7 While we try to ensure that our website is normally available twenty four (24) hours a day, we do not promise this, and we shall not be liable if our website is unavailable at any time or for any period.

9.8 Access to our website may be suspended temporarily at any time and without notice.

9.9 The transmission of information via the internet is not always secure. We take all reasonable steps to protect your information but, without prejudice to our legal obligations, we cannot guarantee the security of data that you transmit to our website. Any transmission of data to our website is undertaken at your own risk.

9.10 Links to third-party websites on our website) are provided solely for your convenience. If you use these links, you may leave our website. We have not reviewed and do not control any of these third-party websites (and are not responsible for these websites or their content or availability). We do not endorse or make any representation about these websites, their content, or the results from using such websites or content. If you decide to access or use any of the third-party websites linked to our website, you do so at your own risk.

9.11 You may link to our website's homepage (www.Omphoria.com) provided that: (a) you do so in a fair and legal way that does not damage or take advantage of our reputation; (b) you do not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists; (c) any website from which you link must comply with the content standards approved by us; and (d) we have the right to withdraw linking permission at any time and for any reason.

9.12 While we try to ensure that information on our website is correct, we do not promise that it is always accurate, up to date and complete. We may make changes to the material on our website, or to the functionality, products and prices described on it, at any time without notice. Nothing in this clause affects your statutory rights as a consumer.

 

USER CONTENT

10.1 We may offer you the opportunity to upload, post and otherwise send content to our website, including to review products. To help protect us and all users of our website, you agree that your content will not contravene the Prohibited Uses clause below, and you acknowledge that you will be responsible for any loss or damage we suffer as a result of your failure to comply with the Prohibited Uses clause below.

10.2 We have the right to remove any content from our website if, in our opinion, it does not comply with these terms.

10.3 We reserve the right to monitor and review content, but do not have the obligation to do so. You acknowledge that, unless expressly stated otherwise, content has not been verified or approved by us.

10.4 We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website.

10.5 Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a worldwide, non-exclusive, transferable, royalty-free licence (with the right to sub-licence) to use, store, copy, adapt, make available to the public, translate, distribute and otherwise exploit such content (in whole or in part) for the purpose of operating, improving and promoting our website.

 

PROHIBITED USES

11.1 You agree not to use our website in any way, or for any purpose, that: (a) is unlawful, illegal deceptive or unauthorised; (b) infringes any copyright, database right, trade mark or other intellectual property rights of any other person or entity; (c) is likely to disrupt our service in any way including, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into our website, or any operating system; (d) advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement, computer misuse, or collecting or harvesting any information or data from our systems or servers; (e) is false, misleading or is defamatory of any other person; (f) is obscene or offensive; (g) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (h) involves using automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies); and/or (i) is likely to harass, upset, embarrass, alarm or annoy any other person.

 

INTELLECTUAL PROPERTY

12.1 You agree that all rights of whatever nature in and to our website are owned by and expressly reserved to us or our licensors. Other than the right to use our website in accordance with these terms, you have no intellectual property rights in, or to, our website or any related intellectual property rights (such as rights in the Omphoria name and logos, in the trade marks of Omphoria or in any third party data).

12.2 Our website and all other content featured on our website are protected by copyright, trade mark, patent and/or other intellectual property and proprietary rights which are reserved to us and our licensors.

 

USE OF YOUR PERSONAL INFORMATION

Please refer to our privacy policy (includes cookie policy) for ways in which we may use your personal information.

 

SUSPENSION AND TERMINATION

14.1 We may terminate or suspend your right to use our website by notifying you (including by email) if we believe that you have used our website in breach of its terms or are otherwise using it in a way that may harm us or other users.

14.2 On termination or suspension, you must immediately destroy any downloaded or printed extracts from our website.

 

FORCE MAJEURE

15.1 We will not be responsible for any failure to perform, or delay in performance of, any of our obligations under these terms to the extent caused by events outside our reasonable control, whether due to weather, fire, terrorist attack, shortage of labour or supply chain issues, including events caused by a pandemic or epidemic. We shall naturally try to avoid and mitigate these sorts of events.

 

OTHER IMPORTANT TERMS

16.1 You may not transfer, assign or otherwise dispose of any part or all of this contract.

16.2 We may transfer, sub-contract and/or otherwise deal with part or all of this contract.

16.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

16.4 If we do not insist immediately that you do anything you are required to do under these terms of purchase, or if we delay in taking steps against you in respect of your breach of contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to fulfil your order, we can still require you to make the payment at a later date.

16.5 If any of these terms is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, or condition will, to that extent, be severed from the remaining terms or conditions which will continue to be valid to the fullest extent permitted by law.

16.6 These terms and any document referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

16.7 We have the right to amend these terms from time to time. We shall make clear on our website when the terms have changed. However, each contract will be subject to the terms that were in force at the time of your order, except to the extent that any change is required by law, regulation or governmental body (whether before or after we send you a confirmation email).

16.8 These terms of purchase shall be governed by and construed in accordance with Swiss Law and shall be subject to the exclusive jurisdiction of the Swiss courts.

 

COMPLAINTS

If you have a complaint relating to these terms or a product, we will try hard to resolve the complaint using our internal procedure. If you have a complaint, please contact us at info@ohmphoria.com.