1. Scope & Application

These Terms of Sale (“Terms”) apply to all offers, sales, and purchases of OVOMIND products and services (“Product“) made through the OVOMIND® website (“Site”). We reserve the right to amend or update these Terms at any time by posting the revised Terms on the Site. References to “us” “we” or “our” refer to OVOMIND SA and its affiliates, while “you” or “your” refers to the purchaser of the Product via the Site.

2. Final Sale Policy

All purchases are final, non-cancelable, and non-refundable, except as provided in the applicable cancellation or exchange policies below.

3. Offers, Acknowledgments, and Acceptance; Cancellation Policy 

3.1 Prices, quotations, and descriptions on the Site are subject to availability and do not constitute binding offers. These may be withdrawn or revised at any time prior to our express acceptance of your order.

3.2 While we strive to ensure product availability, we cannot guarantee that all items are in stock or available for immediate delivery across all regions. We may reject your order if we are unable to process or fulfill it, and we will refund any prior payment for unfulfilled items.

3.3 By placing an order, you submit an offer to purchase the Product in accordance with these Terms, subject to our acceptance.

3.4 Any automatic email acknowledgment of your order does not constitute formal acceptance.

3.5 Our acceptance of your order occurs when we dispatch the Product and process your payment.

3.6 After acceptance, order modifications or cancellations are only allowed with our prior written consent. However, we may cancel your order at any time before shipment at our discretion, providing a credit or refund. For pre-orders, you may cancel until the Product is shipped (the foregoing collectively constitutes our “Cancellation Policy“).

4. Pricing and Payment Terms

4.1 Prices at the time of dispatch are binding unless otherwise agreed. In case of discrepancies, the final price is as notified in our order acceptance.

4.2 We reserve the right to modify prices or withdraw discounts before acceptance due to increases in costs (e.g., materials, taxes) or errors in product descriptions or pricing.

4.3 The regions to which we deliver the Product (“Territory”) are listed on the Site.

4.4 Prices exclude shipping costs, VAT, and other taxes unless specified otherwise. You are responsible for these costs.

4.5 Payment must be made before delivery using methods specified on the Site.

4.6 Payments will be charged upon acceptance, and we reserve the right to verify payment details before proceeding.

5. Delivery and Risk

5.1 Delivery times are estimates, and while we aim to meet them, we are not liable for delays.

5.2 Delivery will be made to the address specified in your order. Any changes may incur extra charges.

5.3 You must notify us in writing of any delivery issues within 5 days of receipt to raise a claim.

5.4 Risk of loss or damage transfers to you upon delivery or when the Product is in your possession or that of a carrier arranged by you.

6. Rejection, Damage or Loss in Transit; Exchange Policy

6.1 Subject to applicable consumer rights, you may reject a Product only in cases of damage or loss during transit, provided you notify us within 5 working days of receipt.

6.2 To request an exchange for damaged items, you must contact [email protected], and we will arrange for the return and replacement at no cost to you.

6.3 Exchanges are void if the Product has been altered, returned without full details, or damaged due to improper use or failure to follow instructions (the foregoing collectively constitutes our “Exchange Policy“).

7. Software

Any software included with the Product is subject to the terms of the license agreement governing the use of the software. The software is provided “as is” with no warranties regarding installation, configuration, or operation.

8. Limitation of Liability

8.1 To the fullest extent permitted by law, our liability will not exceed the cost of the Product related to your damages. We are not liable for special, incidental, indirect, or consequential damages, including lost profits or revenue.

9. Product Specifications; Disclaimer of Warranties

9.1 Product specifications on the Site are for general reference and do not constitute a warranty of conformity.

9.2 The Product is provided “as is” without any express or implied warranties, including merchantability or fitness for a particular purpose. We offer no support for the Product unless explicitly provided under the Exchange Policy.

10. Consents, Customs Duties & Export Compliance

10.1 You are responsible for obtaining necessary licenses or consents for importing the Product and complying with export control laws.

10.2 You may be liable for customs duties or taxes upon the Product’s arrival in the destination country, and these charges are your responsibility.

11. General Provisions

11.1 We are not liable for delays or damages caused by events beyond our control, such as natural disasters, strikes, or government actions.

11.2 These Terms supersede all prior agreements and prevail over conflicting terms. We reserve the right to amend these Terms, with the option for you to reject changes for orders already accepted but not yet fulfilled.

11.3 Waivers of any term must be in writing and signed by us.

11.4 These Terms are governed by Swiss law, and the courts of Geneva, Switzerland, have exclusive jurisdiction in any legal disputes.