H2W®

by

OCmania

H2W®

info@h2w.ch

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©2024-2025 H2W™

Overclockersmania by C.A is the tax representative of the Swiss company H2W with VAT number IT03558490920 registered with VIES

The images with logos and trademarks on the h2w.store website are in fact registered property of H2W® by C.A. and those not owned by us are to be considered purely for demonstration purposes and belong to their respective owners. The information on the h2w.store website may change without notice. Although the content of our pages has been prepared with the utmost care to ensure the reliability of the information contained on the site at the time of their publication, we cannot give any assurance or guarantee regarding the accuracy, completeness, or timeliness of the information. The contributions reflect the opinion of the respective author.

Copyright
The entire content of this site is subject to copyright protection. Any use not permitted by copyright law requires prior written authorization. This applies in particular to reproduction, processing, translation, storage, transmission of content in databases or other electronic means and systems. The content of the websites may be photocopied or downloaded only for private purposes.
The author of this site undertakes to respect the copyrights of third parties, or to use material not protected by license or his own material.

General Terms and Conditions (GTC)

Last update: April 2025

1 Scope of application

These General Terms and Conditions (hereinafter "GTC") apply to all legal transactions concluded through the h2w.store online shops (hereinafter individually "online shop"). The online shops are operated by H2W by OCmania (hereinafter "H2W").

H2W reserves the right to change these GTC at any time. The version of these GTC in force at the time of the order is legally binding. This version cannot be unilaterally modified. Any customer conditions that differ from or conflict with these GTC are not recognized.

The offer of products and services made available in the online store (hereinafter "Offer") is directed exclusively to customers residing in the EU, Switzerland, and Liechtenstein, and in the case of business customers, only if the company is based in the EU, Switzerland, or Liechtenstein.

Deliveries are limited exclusively to the territory of the EU, Switzerland, and Liechtenstein.

The offer is valid as long as the product can be found through the online store's search engine and/or as long as it is available.

For all orders of products that require an age limit for the purchaser (especially in the case of products such as alcohol or tobacco, not authorized for those under 18 years of age), the customer confirms with their order that they comply with these legal provisions.

Orders that exceed the reasonable quantity for a household may be declined without having to provide justification.

2 Information

2.1 Products and prices

The product images shown in advertisements, brochures, the online store, etc. serve as illustrations and are not binding.

All sales prices published in the online store represent final prices, which include all taxes (in particular VAT), any advance recycling fees (ARF), packaging and shipping costs for the published delivery time, and any other taxes or costs. H2W reserves the right to change the prices of products and services offered at any time. The price indicated in the online store at the time of the order is decisive for the conclusion of the purchase contract.

If the customer places an order with a merchant domiciled abroad who is not registered in the Swiss VAT register, the customer, as the importer of the products supplied by the merchant, is liable for the Swiss import tax and any customs duties. The customer authorizes and instructs H2W (or a third party appointed by H2W) to make the customs import declaration of the products supplied by the retailer in Switzerland in the name and on behalf of the customer and to pay the Swiss duties (import taxes and any customs duties). Customers will pay H2W in advance the expected Swiss import duties together with the purchase price. Any difference from the actual Swiss import duties will be refunded to the customer. H2W provides its customers with a customs duty notice in the most suitable form or allows it to be accessed electronically. The customer must file a complaint regarding the duty notice within seven (7) working days of receipt or availability. After this deadline, any appeal by the customer is excluded and H2W is excluded for any defects in the import duty notice.

Additional chargeable services, such as assembly, disposal, warranty extension, insurance, etc., are offered by H2W. These extra services are listed separately both in the shopping cart and on the invoice.

2.2 Availability and delivery times

H2W pays particular attention and commitment to publishing information on availability and delivery times and undertakes to indicate them in the online store as accurately and up-to-date as possible. However, due to issues related to production and supply, delivery delays by H2W may occur. All information regarding availability and delivery times is therefore without guarantee and may be changed at any time.

2.3 Additional services: assembly and disposal

The assembly includes delivery, unpacking, the actual assembly of the ordered products, and the removal of the packaging material.

Disposal includes the collection and eco-friendly disposal of the items indicated by the customer at the time of purchase. These must correspond in form and quantity to the product ordered. The items to be disposed of are provided by the customer ready for transport, in accordance with the delivery terms of the ordered products.

If the assembly service cannot be carried out for reasons attributable to the customer (e.g. due to failure to comply with the date, incorrect dimensional information, etc.), the customer is not entitled to a refund for the paid assembly service.

2.4 CO₂ Compensation 

H2W can give the customer the possibility to contribute up to 5% of the value of the goods to offset the CO₂ emissions of their purchase. If this option is available, it will be shown to the customer together with the climate fee in the order overview. H2W collects the climate fee with the support of a third-party provider. The contributions go to selected environmental projects. Once the order has been prepared for shipment, the paid climate fee can no longer be refunded. H2W does not guarantee the accuracy of the information, assurances or calculations made by H2W or the third-party provider regarding the climate fee. 

3 Conclusion of contract

The products and prices published in the online store are valid as an offer. However, this offer is always subject to the condition of non-delivery or an incorrect price indication that terminates the contract.

The sales contract for H2W products or services is concluded with H2W as soon as the customer places an order online, in one of the branches, by phone, or by e-mail (hereinafter "Sales Contract").

For the products and services offered by a Merchant, the contract is concluded directly between the Merchant and the customer at the time of the online order, in one of the branches, by telephone, or by e-mail. H2W merely mediates these purchases. In this case, H2W daa always defines itself solely as an intermediary and service provider for the Merchant, but is never a contracting party to the sales contract. For products and services provided by a retailer based in Germany who is not registered in the Swiss VAT register, the sales contract at the price indicated in the online store is concluded in euros. Customers must pay in Swiss francs.

The customer can clearly see both in the online store and on the invoice who is the supplier or contractor of a purchase (e.g. H2W or a Merchant).

If the order is placed online, the customer receives an automatically generated order confirmation sent to the email address provided. This confirmation does not guarantee that the product can actually be supplied. It simply informs the customer that the order has been received in the store and that the contract with H2W (or with the Merchant) has been concluded, subject to the possibility of delivery and correct price indication.

4 Delivery deadline

With the order confirmation, the customer receives a provisional delivery date, or is personally contacted in order to agree on a customized delivery date.

In case of late delivery by H2W (or the Merchant), the customer has the right to withdraw from the contract (except in the case of special orders) starting from the thirtieth calendar day from the originally agreed delivery date.   In this case, H2W will reimburse the customer for all amounts already paid. No further claims against H2W (or the Merchant) are possible.

5 Delivery / Pickup at branch

All delivery and pickup options for H2W products and services listed in the online store under the "Delivery and Pickup" section are available to customers.

Products and services purchased from a Merchant can only be sent to the customer by mail.

The delivery address must be accessible and reachable by truck in Switzerland or Liechtenstein. Otherwise, the customer will bear any additional costs.

If the customer chooses the "Delivery to place of use" option, the customer guarantees that access to the place of use is possible. The customer must also check the possibility of the product passing through the entrances of the home (e.g. stairs, doors, etc.). If the product cannot be transported to the place of use, the customer will bear any additional costs.

If the customer does not fulfill their obligation to accept the product within the established delivery period, H2W (or the Merchant) has the right to terminate (cancel) the contract with the customer and charge the customer for the delivery costs incurred and any loss of value.

If the customer does not fulfill their obligation to collect the product at a branch within a period of 14 calendar days from the predetermined collection date, H2W has the right to dissolve (cancel) the contract.

6 Verification obligation

The customer is required to immediately and thoroughly check the conformity, completeness, and any delivery damage of the delivered or collected products.

In case of shipments, any transport damage must be indicated on the delivery note.

Transport damage, incorrect or incomplete deliveries, including for all products and services of a Merchant, must be reported to H2W within 5 calendar days from the time of collection or delivery. The customer is aware that such notification must be made through their customer account in the online store, under the section "Returns, warranty and assistance." Such a product cannot be put into operation by the customer. The customer is not authorized to put such a product into operation and must keep it in the original packaging. The customer undertakes to follow the instructions of the return procedure found in their customer account under the section "Returns, warranty and assistance."

7 Warranty

7.1 Basic provisions

H2W (i.e. the Merchant) guarantees the absence of defects in the ordered product for two years from the date of delivery or collection. The warranty period continues regardless of the provision of any warranty service. H2W (i.e. the Merchant) may provide the warranty through

  • free repair (the original warranty period is extended for the entire product);

  • partial or complete replacement with an equivalent used product (new 1-year warranty period from the date of replacement if this occurs in the second year);  

  • replacement with a new H2W product (new 2-year warranty period from the date of replacement);

  • credit equivalent to the current price (at most the sale price at the time of the order);

  • reduction.

H2W (i.e. the Merchant) excludes from the warranty all parts subject to wear, such as batteries, accumulators, power cables, adapters, lamps, and software problems. The liability conditions set out in point 8 also apply.

If the manufacturer's warranty extends further than that of H2W (or the Merchant), the customer is granted the longer warranty.

When returning an IT device or a product containing a data archive, it is essential to consider the possibility of complete data loss. The customer is solely responsible for performing backups and protecting their own data. H2W (or the Merchant) does not assume any responsibility for any possible data loss.

During the examination of the warranty claim, H2W (or the Merchant) may, at its discretion, provide the customer with a replacement device (with reservation). This is done under the (suspensive) condition that it is indeed a warranty case. Therefore, the customer acquires ownership of the replacement product only if the warranty claim is confirmed by H2W (or the Merchant). In the event of a denial of such service by H2W (or the Merchant), the customer may purchase the replacement device at its price at the time of delivery, or undertakes to return it at their own expense.

All further legal provisions regarding warranty are excluded.

7.2 Additional provisions for used goods

Other provisions apply for all discounted products that are marked in the online store with the label "Like new + Tested", "Used + Tested", "Refurbished". In these cases, these are repaired products with possible slight optical defects. Optical defects are excluded from warranty services and are indicated in the product details. Such products are covered by a warranty of at least one year from the date of delivery or collection at a branch.

By purchasing one of these products, the customer is aware that it is a used product and – in the case of an electronic product – that it may still contain personal data of the previous owner/user. H2W (or the Merchant) declines all responsibility for this data. 

7.3 Warranty extensions

The customer has the option to purchase a warranty extension of 12 or 36 months. The warranty extension extends the predetermined warranty period. This can be purchased at the time of product purchase or up to 30 days before the expiration of the regular warranty period (if no defects have occurred).

The warranty extension extends the predetermined warranty period and its duration continues regardless of any warranty services previously provided. H2W offers the following warranty services:

  • free repair (the original warranty period is extended for the entire product);

  • partial or complete replacement with an equivalent used product (new 1-year warranty period from the date of replacement if this occurs in the second year);  

  • replacement with a new H2W product (new 2-year warranty period from the date of replacement);

  • credit equal to the current value of the purchased product (80% of the original purchase price in the 3rd year, 60% in the 4th year, 40% in the 5th year);  

In case of warranty extension with the "Pick-up & Return" option, an appointment is scheduled by phone to pick up or deliver the product to the customer's address. The device must be properly packaged and ready at the agreed pick-up time. Bulk shipments can only be picked up and delivered at the curbside.

7.4 Warranty extension / Express replacement

Customers can extend the warranty of a purchased product with a rapid replacement service. The rapid replacement service is valid for the entire warranty period of the product. In case of a warranty claim, thanks to the rapid replacement service, it is not necessary to wait for the repair: H2W will replace the defective product with a new and equivalent one within one working day from receipt of the defective product, or will refund the purchase price. The shipping costs for the defective product are covered by H2W. In case of replacement, the new warranty period is two years from the date of replacement. The rapid replacement service can be purchased for one product at a time and is not applicable to the replacement product.  

8 Liability and Disclaimer

8.1 Liability

Liability is governed according to the applicable and current legal provisions. H2W assumes no liability for (i) slight negligence, (ii) direct, indirect, consequential damages and loss of profit, (iii) unrealized savings, (iv) damages from delivery delays, as well as (v) for all actions and omissions of H2W's auxiliary personnel, whether contractual or non-contractual. In addition, H2W (or the Merchant) assumes no liability for damages resulting from the following causes:

H2W or the merchant declines all responsibility in the following cases:

  • storage, regulation or improper, non-contractual or illegal use of the products;

  • insertion of incompatible spare parts or accessories (e.g. power supply);

  • lack of maintenance and/or improper modification or repair of the products by the customer or third parties;

  • force majeure, in particular elemental damage, humidity, falling, impact, etc., not attributable to H2W, as well as orders from the authorities.

8.2. Limitations of liability

H2W assumes no responsibility for any losses or damages of any kind – direct, indirect, or consequential – resulting from the use of or access to H2W websites or from hyperlinks (links) leading to third-party websites. H2W does not guarantee that individual parts of its sites will function perfectly. H2W declines any responsibility regarding manipulations of the Internet user's computer system by unauthorized persons.

Further information is available in the detailed Disclaimer section.

8.3 Obligations and responsibilities of the customer

Clients are required to keep their customer account access data strictly confidential and to take appropriate measures to protect it from unauthorized access, using a secure password, two-factor authentication, an updated version of the browser, and antivirus software/measures, etc.

All actions, in particular orders that are processed through the customer account, are attributed to the customer themselves.

9 Payment

9.1 Payment methods

All payment requests for products and services purchased through the Online Store are sent to the customer by H2W. Upon conclusion of the purchase contract, the Merchant assigns to H2W the entire payment claim arising from the purchase contract between the Merchant and the customer. The customer acknowledges this assignment and is required to make all payments exclusively in favor of H2W.

Payments must be made in Swiss francs.

Cash payment is only possible in case of collection at a branch. For all products and services of a Merchant, the possibility of collection at a branch is excluded and therefore also cash payment.

Customers can use the payment methods listed in the online store under "Payment Methods".

The current rates are listed under the "Payment methods" section and are detailed during the ordering process.

In case of payment by credit card, the charge is made immediately after placing the order.

In case of advance payment, delivery takes place only after receipt of payment. Products from the H2W central warehouse are reserved until the payment deadline expires, for at least 11 calendar days. This also applies to externally ordered products that are processed and shipped through the H2W warehouse. Products delivered directly by merchants or external distributors are ordered only after payment has been made. 

In the case of payment by invoice (only for H2W products and goods), the customer undertakes to pay the full invoice amount within 20 calendar days of receipt of delivery without any deduction. In the case of partial return of delivered products, the invoice amount may be reduced accordingly.

9.2 Payment delays

If the customer does not fully fulfill their payment obligations, all outstanding amounts owed to H2W, for any reason, must be settled immediately (in the case of advance payment, within 8 calendar days from the first payment reminder). H2W reserves the right to claim immediate payment of all outstanding amounts and to suspend any deliveries.

 For the first reminder, a handling fee of CHF 5 will be charged and for the third reminder a fee of CHF 20.  In the case of unsuccessful reminders, invoice amounts may be assigned to a debt collection agency. In this case, an effective annual interest rate of up to 15% may also be charged from the invoice due date. The debt collection agency enforces the outstanding amounts in its own name, on its own account, and may charge additional administrative fees.

9.3 Retention of title

The ordered products remain the property of H2W (or the Merchant) until full payment has been made. H2W (or the Merchant) has the right to make the relevant entry in the register of retention of title agreements. Before the transfer of ownership, neither pledging, assignment as security, nor any processing or transformation is permitted without the explicit consent of H2W.

10 Modification or cancellation of the order

Orders are binding and the customer is required to accept the products and services. H2W (or the Merchant) may, at its discretion, accept any changes or cancellations of orders and reserves the right to charge the customer a convenience fee equal to 20% of the value of the canceled order, with a minimum of CHF 60.–, as well as any depreciation of the products from the time of the order.

If at the end of the order a total or partial impossibility of delivery, as referred to in point 3, becomes apparent, the customer is promptly informed by e-mail. If the customer has already made the payment, the total amount will be refunded. If payment has not yet been made, the customer is released from the obligation to pay. Further claims in case of delay or non-delivery are excluded.

11 Return of non-defective items

Among the conditions listed in the Return Policy, H2W (or the Merchant) grants the right to return the ordered products. Whether and for how long customers can return a product can be seen on the product page itself, under "Returns and warranty".

The customer undertakes to register the return within their customer account, under the "Returns and warranty" section on h2w.store and to return it according to the instructions described therein. The products and all accessories must be properly packaged in the original packaging. Damaged products will not be accepted and all related costs will be charged to the customer.

When returning an IT device or a product containing a data archive, it is essential to consider the possibility of complete data loss. The customer is solely responsible for performing backups and protecting their own data. H2W (or the Merchant) assumes no responsibility for any possible data loss.

If customers exercise the right of withdrawal, H2W will refund the full purchase price minus any minimum quantity surcharge that may have been paid and the return costs listed in the return policy.

In relation to any return of products where customs clearance has taken place on behalf of the customer, the customer authorizes and instructs H2W to declare the returned products for export and to request any refund of Swiss customs duties on behalf of the customer. If customers cannot deduct import tax and other requirements for the refund of such tax due to the re-export of the ordered products are met, H2W will refund the tax paid by customers in advance after receiving the corresponding amount from the Federal Customs Administration. If the customer exercises their right of withdrawal, according to the conditions indicated above, H2W undertakes to reimburse the full amount of the purchase price, excluding any minimum quantity surcharge.

In this context, customers assure H2W that the information and the list of returned products are complete and correct based on the return receipt generated by the customer in the return process, and that the return shipment actually contains the products indicated in the return receipt. Customers release H2W from all third-party claims relating to an incomplete or incorrect customs declaration by the customers. H2W has the right to verify the information provided by its customers as part of random checks.

12 Out-of-warranty repair

The repair costs of products out of warranty are borne by the customer, as per point 7. If the items do not show detectable defects, or if the defect is not covered by the warranty, as per point 7, H2W (or the Merchant) reserves the right to charge the customer for the costs of defect verification, along with the shipping costs.

13 Community

By posting comments or contributions within our Community, you automatically acknowledge and accept the H2W daa Community conditions.

14 Additional provisions

14.1 Non-assignable residues

Returns that cannot be assigned to a customer or cannot be delivered are kept for six months by H2W (or by the Merchant) and subsequently disposed of.

14.2 Goods under warranty not collected or undeliverable

If, following a warranty service as per point 7, the goods are not collected by the customer within six months from the notice of collection, or if they cannot be delivered within this period, H2W has the right to use them and proceed with disposal.

14.3 Data protection

For the modification of personal data by H2W, the Data Protection Policy applies.

14.4 Partial invalidity

Should one or more provisions of these GTC prove to be invalid or ineffective, every other provision and clause of these GTC shall remain in full force and effect.

14.5 Competent court and applicable law

All legal relationships between H2W (or the Merchant) and the customer are governed by Swiss substantive law. The Vienna Convention on the International Sale of Goods does not apply.

Only the following jurisdictions apply.

For all claims arising from sales contracts in which H2W is a contracting party:
the competent court for consumer actions is S.Vittore or their place of domicile. In all other cases, the court of S.Vittore has exclusive jurisdiction.

For all complaints arising from sales contracts in which a Merchant based abroad is a contracting party:
for all consumer complaints, the domicile or registered office of the Merchant has jurisdiction. In all other cases, the court of the Merchant's registered office has exclusive jurisdiction.

For all claims arising from sales contracts in which a Merchant based abroad is a contracting party:
In all other cases, the court of the customer's place of domicile has exclusive jurisdiction.

14.6 Copyright Notice

All rights to these GTC, namely all copyright, belong to H2W.

Any reproduction, disclosure, or further use is strictly prohibited and may only be permitted with the explicit written agreement of H2W. In case of violation of this ordinance, H2W reserves the right to take legal action.

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