Allgemeine Geschäftsbedingungen

Medical and therapeutic services, online consultations, packages and online shop

Provider: Oh yes baby yes GmbH

Address: Grossmünsterplatz 9, 8001 Zürich, Switzerland

Last updated: 15 September 2026 · Revised draft

These General Terms and Conditions (GTC) govern, in particular, medical and therapeutic appointments in person and online, private consultations and session packages offered by Oh yes baby yes GmbH. The provisions on physical wellness and cosmetic products apply additionally once such products are actually offered. Mandatory statutory rights remain unaffected.

1 Scope and contractual basis

1.1 These General Terms and Conditions apply to contracts with Oh yes baby yes GmbH. For medical and therapeutic services, we refer to patients or clients; for purchases of goods, we refer to customers. The GTC cover, in particular:

Medical consultations and treatments, including online consultations;
Therapeutic, sexual medicine, psychosomatic and advisory services;
Individual, couple and package services;
The sale and delivery of physical wellness and cosmetic products through the online shop;
The use of the website and the information provided on it.

1.2 In the event of any conflict, individual agreements take precedence over these GTC. Medical information and consent documents and the privacy policy supplement these terms within their respective scope. Mandatory statutory provisions remain applicable in all cases. Deviating terms apply only with the express consent of Oh yes baby yes GmbH.

1.3 The applicable version is the one made available before the contract is concluded. The GTC can be viewed, saved and printed on the website. For binding online appointment bookings, package bookings and orders for goods, consent is obtained through a checkbox that must be actively selected. For telephone or individual bookings, the GTC are provided before the contract is concluded and their incorporation into the contract is agreed. Consent to these GTC does not replace any separately required consent to treatment or data processing.

1.4 Consumers are natural persons acting for purposes predominantly unrelated to their commercial or professional activities. Where mandatory consumer law applies, it takes precedence.

2 Services, products and contracting party

2.1 The contracting party for the services and products described in these GTC is Oh yes baby yes GmbH. If, by exception, services or products are clearly offered by another professional or third-party provider in their own name, this will be expressly stated before the contract is concluded.

2.2 Images, descriptions and details on the website are provided for information. Minor, objectively justified variations, particularly in packaging, colour or presentation, are reserved, provided that they do not impair the agreed characteristics or usability.

2.3 Oh yes baby yes GmbH may decline enquiries or orders if a service is not professionally indicated, capacity is unavailable, a product is unavailable, legal requirements prevent acceptance, or there are legitimate doubts about solvency or identity.

3 Appointment booking and conclusion of the contract

3.1 Appointments for medical, therapeutic and advisory services and private packages can be requested or booked through the booking channels offered. The type of service, duration, price or basis of billing, and any advance payment are displayed or communicated before the binding booking. An online booking or order that entails an obligation to pay is placed using a clearly labelled button. The presentation of an offer alone does not create a contract.

3.2 Entries can be checked and corrected before submission. Receipt of an electronic booking or order is promptly confirmed electronically. An acknowledgement of receipt alone does not constitute acceptance; a booking, appointment or order confirmation expressly designated as binding does constitute acceptance.

3.3 For appointments and packages, the contract is concluded when the binding booking or appointment confirmation is issued. For goods, it is concluded upon express order confirmation, dispatch confirmation or handover. The agreed contractual information and the incorporated GTC are provided electronically in a form that can be saved.

3.4 Where advance payment is required, Oh yes baby yes GmbH may make acceptance or performance conditional on timely receipt of payment. If payment is not received on time, the reserved appointment or order may be released or cancelled after prior notification.

3.5 Bookings made by telephone, email or through an external appointment booking system become binding once confirmed. For contracts concluded entirely on an individual basis, the relevant confirmations and these GTC, where validly incorporated, apply.

4 Medical, therapeutic and advisory services

4.1 The nature, content and scope of the services depend on the individually agreed service, professional assessment, medical indication and informed consent. Oh yes baby yes GmbH provides its services in accordance with applicable professional standards, statutory requirements and rules of professional conduct.

4.2 Medical and therapeutic services require due care but do not guarantee a particular outcome. No specific medical, therapeutic, sexual, psychosocial or personal outcome is owed.

4.3 Effective cooperation requires truthful and complete information about relevant symptoms, pre-existing conditions, medication and changes. Recommendations and agreed safety measures should be followed. This does not limit the right to refuse or end treatment.

4.4 For couple or group sessions, a treatment or advisory relationship is established only with the persons expressly accepted as participants. Confidentiality, information sharing and documentation are clarified at the outset. Oh yes baby yes GmbH maintains the neutrality required by professional standards and is not obliged to take any participant's side.

4.5 Statutory rules on consent and representation apply to minors and persons who lack capacity of judgement. Oh yes baby yes GmbH may request the necessary consents or supporting evidence.

5 Online consultations and digital support

5.1 Online consultations take place through the platform designated by Oh yes baby yes GmbH. Participants are responsible for a suitable internet connection, a functioning device and a private setting. Unauthorised persons may neither participate nor make recordings. Sections 14.4 and 14.5 also apply to any use of AI-assisted medical documentation software, including during consultations in person.

5.2 Oh yes baby yes GmbH determines, in its professional judgement, whether an online consultation is suitable. If a physical examination, diagnostic assessment or treatment in person is required, the online consultation may be ended and an appointment in person or other appropriate care recommended.

5.3 Online consultations paid for privately must generally be paid for before the appointment; an invoice or payment request is provided for this purpose. The access link may be sent after payment is received. Medical services billed through health insurance are invoiced after they have been provided, in accordance with Section 8. Where billing is made directly to the insurer, patients receive a copy of the invoice. Different individual payment arrangements remain possible.

5.4 Oh yes baby yes GmbH is not an emergency service. In the event of acute or life-threatening symptoms, contact the local emergency services immediately, particularly 144 in Switzerland. Email, contact forms and ordinary messaging channels must not be used for urgent medical matters.

6 Appointments, late arrivals and missed appointment charges

6.1 Confirmed appointments are binding. Cancellations or requests to reschedule must reach Oh yes baby yes GmbH through one of the communication channels offered no later than 24 hours before the agreed start time.

6.2 If an individual appointment is cancelled or rescheduled less than 24 hours before its start, or if the person does not attend, the missed appointment charge is CHF 140, capped at the agreed appointment price. For an appointment within a privately paid package, one session is deducted from the remaining balance instead; no additional CHF 140 is charged. The deduction is recorded as a missed appointment, not as treatment provided. The charge requires a legally compensable loss arising from the missed appointment. Expenses saved and any alternative use of the appointment slot are taken into account; it remains possible to demonstrate that the loss was lower or that no loss occurred. For packages, a corresponding credit is applied. Mandatory termination rights remain unaffected.

6.3 Missed appointment charges and missed package sessions are billed privately and are not charged to health insurance as treatment provided. Reimbursement by basic or supplementary insurance is not guaranteed.

6.4 If a patient or client arrives late, there is no entitlement to an extension of the reserved appointment. Insofar as the service could be offered during the reserved time, the privately agreed fee remains payable; a voluntary extension in an individual case does not create any future entitlement. Services covered by insurance are billed only to the extent actually provided and permitted under the applicable tariff.

6.5 If Oh yes baby yes GmbH has to cancel an appointment due to illness, technical problems or other unforeseen circumstances, an alternative appointment will be offered where possible. Amounts already paid will be credited or refunded at the affected person's choice; package sessions will be credited back. Any further entitlement to damages is governed by Section 16 and the statutory requirements.

7 Private consultation packages and changing professionals

7.1 Private packages are tied to the person making the booking or, for couple services, to the agreed participants, and must generally be paid for in advance. They cannot be transferred to other persons. Changing the treating professional within Oh yes baby yes GmbH is a separate matter: it requires agreement with the person concerned and the professional taking over, as well as professional suitability and available capacity. There is no entitlement to switch to a particular professional. An agreed service provided personally by a particular professional will not be replaced without consent. A change does not automatically extend the usage period or alter the agreed scope of services without a separate agreement.

7.2 The usage period is twelve months from purchase, unless the specific offer states a different period. Appointments should be arranged in good time within this period. This is a period for scheduling appointments; it does not cause any remaining balance to expire automatically without compensation. Termination and settlement are governed by Section 7.4. If appointments cannot be offered for reasons attributable to Oh yes baby yes GmbH, a reasonable extension or refund will be agreed.

7.3 A package that has not yet started may be cancelled. Giving notice at least seven calendar days before the first appointment helps with planning. No flat administration fee is charged solely for exercising a mandatory right of termination or withdrawal. Section 6.2 applies to the short-notice cancellation or non-attendance of an already reserved appointment. Beyond this, only legally payable, proven costs or losses may be deducted; no amount is counted twice.

7.4 A mandate for medical or therapeutic services may be terminated at any time in accordance with mandatory statutory provisions. Package sessions already provided are charged at their agreed proportionate package price; there is no retrospective increase to the individual session price. Lawful missed appointment charges are accounted for once only. Any remaining balance is refunded within 30 days of the final settlement. Statutory claims arising from termination at an inopportune time remain reserved; lost future session fees are not claimed as a flat penalty.

7.5 In the event of prolonged illness, pregnancy, major life events or an extended absence for professional or personal reasons, Oh yes baby yes GmbH may grant a one-time extension of up to six months upon a timely written request. There is no entitlement to such an extension unless mandatory law provides otherwise.

8 Prices, insurance and payment

8.1 The prices displayed at the time of booking or ordering, or individually agreed prices, apply. For goods, the price actually payable and all compulsory surcharges are shown. Shipping costs and any import charges that cannot be calculated in advance are clearly identified before the contract is concluded.

8.2 Medically indicated consultations with a doctor, particularly for psychosomatic gynaecological conditions, may be billed through compulsory Swiss health insurance if the statutory benefit requirements and the necessary authorisation are met. The deductible and co-payment apply, subject to any statutory exceptions. A medical indication alone does not guarantee coverage. The KVG, KVV and KLV apply, together with the approved tariffs and tariff agreements applicable to the specific service, particularly TARDOC or the applicable outpatient flat rates. The Schedule of Services under Outpatient Medical Tariffs (LKAAT) and the tariff documents are available through OAAT: https://oaat-otma.ch/tardoc/tarifbrowser. Tariff requirements, limitations and statutory tariff protection are observed.

8.3 Patients must provide information about their insurance status and clarify the conditions of their insurance model and any required referrals. Oh yes baby yes GmbH does not guarantee approval of coverage and generally does not undertake voluntary advance checks of insurance coverage. Medical reports, applications and duties to cooperate required by law or the applicable tariff remain unaffected. If a service is likely not to be covered, or coverage is uncertain, information about a possible obligation to pay privately and the expected costs is provided before the service is delivered.

8.4 Invoices must be paid within the stated period using the payment methods offered. Private advance payments are governed by the offer and Section 5.3; medical services covered by insurance are billed afterwards. Statutory rules apply to late payment, including any default interest payable by law. Further debt collection costs are claimed only where a statutory entitlement exists and they are not already covered by default interest.

8.5 In addition to consultations, professionally necessary services outside the appointment may be charged, such as preparing or adjusting treatment plans, medical reports, medical assessments, the medical review and issuing of prescriptions, and professional telephone or email consultations. For services covered by insurance, this applies only insofar as the applicable tariff items and their requirements permit separate billing; services already covered are not charged twice. For private services, the basis of billing and the expected costs are agreed in advance. Purely organisational arrangements for appointments do not constitute a separately billable medical service under the tariff.

8.6 If a service intended to be billed to insurance is not covered, it may be invoiced privately to the patient, provided that a legally valid personal obligation to pay exists and the required cost information has been provided. Rejection by an insurer alone does not create a new obligation to pay or permit a switch to a higher private tariff. Statutory tariff protection remains in place; Oh yes baby yes GmbH's own billing errors are not passed on to the person treated.

8.7 Therapeutic or advisory services not covered by insurance are agreed privately after cost information has been provided in advance. Discounted packages may be offered for these services. The number and duration of sessions, usage period and discount depend on the specific offer; a particular discount applies only if it is stated there. Medically indicated services covered by insurance are not also charged to a private package. If the basis of billing changes during a package, the use or refund of the remaining balance is clarified separately.

8.8 Statements about Swiss basic health insurance presuppose the relevant insurance coverage and the applicable benefit requirements. These statements do not extend to foreign insurance. Any potential coverage under foreign law or international coordination rules must be clarified individually; it is neither guaranteed nor excluded by these GTC.

9 Future online shop for wellness and cosmetic products

9.1 The following provisions on goods apply only to products actually offered in the online shop. These may include physical wellness products, non-medical cosmetics and body care products, cosmetic creams or ointments, and intimate care products labelled accordingly. The legal classification depends on the individual product and its intended use. Medicinal products are not included in this shop offering. For medical devices, such as condoms classified as such, the respective product information and statutory requirements also apply.

9.2 Product descriptions and general instructions for use do not replace an individual medical examination, diagnosis or treatment. Professional advice should be sought in the event of symptoms, pregnancy, allergies, uncertainty or adverse reactions, and use should be discontinued where appropriate.

9.3 Products must be used in accordance with their labelling, instructions for use, age specifications and intended purpose. Misuse may be taken into account in the legal assessment of a loss or injury. This does not relieve Oh yes baby yes GmbH of responsibility for product defects or incorrect or missing safety information.

9.4 Orders in the online shop may be placed only by persons of legal age with legal capacity, or with the consent of their legal representative. Age restrictions for individual products remain reserved.

10 Availability, delivery and transfer of risk

10.1 Delivery is made to the countries and territories that can be selected in the online shop or at checkout. These may include, in particular, Switzerland, Liechtenstein, Germany and Austria. There is no entitlement to delivery to a territory that is not offered.

10.2 The delivery times stated in the offer or communicated before the order are applicable. If a delay becomes apparent, Oh yes baby yes GmbH informs the customer of the expected revised delivery date. Statutory rights in the event of delayed delivery, particularly the right to set an additional deadline and rescind the contract, remain unaffected.

10.3 Reasonable partial deliveries may be made without additional shipping costs. Before acceptance, an order may be declined due to lack of availability. After the contract is concluded, statutory rights apply in the event of obstacles to delivery; substitute goods are supplied only with consent. If the contract is validly rescinded or the obligation to perform ceases by law, the corresponding advance payments are refunded promptly.

10.4 For consumers, the risk of accidental loss or deterioration generally passes only when the goods are handed over to the recipient. For business customers, statutory rules apply unless otherwise agreed.

10.5 For cross-border deliveries, it is stated before the order whether import VAT, customs duties or handling fees are included in the final price. Where these are not included and are legally payable by the recipient, the recipient bears the relevant charges. Mandatory requirements concerning price and cost information remain reserved.

11 Returns and withdrawal for goods

11.1 For deliveries to Switzerland, Oh yes baby yes GmbH grants a voluntary right of return within 14 calendar days of receipt. To meet the deadline, it is sufficient to send a clear declaration of return in time, for example by email. The goods must then be returned within 14 days. This right of return also applies to Liechtenstein insofar as a mandatory statutory right of withdrawal does not already apply; any such rights are not restricted.

11.2 Where mandatory consumer law in Germany, Austria or Liechtenstein applies, statutory rights of withdrawal apply. The instructions and model form in the appendix explain the 14-day right of withdrawal. The statutory conditions for applicability are decisive, rather than nationality alone.

11.3 Excluding a return for reasons of health protection or hygiene requires that the goods were delivered sealed, are objectively unsuitable for return once unsealed, and were unsealed after delivery. This may apply, for example, to certain cosmetic ointments or intimate care products. Merely belonging to the category of cosmetics or condoms does not exclude a return. Statutory rights in respect of defects remain in place for such products as well. Further statutory exceptions may apply, in particular, to goods made to individual specifications or perishable goods.

11.4 Goods should be returned complete and securely packaged for transport, in the original packaging where possible. Original packaging is not a requirement for statutory rights of withdrawal. Compensation for diminished value is governed solely by the statutory requirements, particularly where the goods have been handled beyond what is necessary to inspect them.

11.5 The customer bears the direct costs of return shipping, provided that this was communicated before the contract was concluded and Oh yes baby yes GmbH has not agreed to cover them. For a justified complaint about defects or an incorrect delivery, the provider's statutory obligations to bear the costs apply.

11.6 Refunds are generally made using the original payment method. The refund periods and rules set out in the appendix concerning reimbursement of standard delivery costs and the right to withhold reimbursement until the goods or proof of dispatch have been received also apply to the voluntary right of return.

12 Defects, statutory warranty and transport damage

12.1 Customers should inspect deliveries upon receipt and report any obvious incorrect deliveries, defects or transport damage as soon as possible, with a description and, where reasonable, photographs. Failure to make such a report does not restrict mandatory consumer rights.

12.2 Statutory warranty rights apply to defective goods. For new goods, the warranty under Swiss sales law generally lasts two years from delivery. Mandatory rights under the applicable consumer law, particularly that of Germany, Austria or Liechtenstein, remain unaffected.

12.3 In the event of a justified complaint about defects, Oh yes baby yes GmbH may initially offer replacement or repair insofar as legally permitted. If this fails, is unreasonable or is precluded by mandatory rights, statutory claims for a price reduction or rescission of the contract apply.

12.4 Manufacturer guarantees are independent commitments and do not restrict statutory warranty rights.

13 Withdrawal from services booked online

13.1 Where a right of withdrawal exists for a non-medical service booked online or at a distance under the mandatorily applicable law of Germany, Austria or Liechtenstein, the withdrawal period is 14 days from conclusion of the contract. Details are set out in the appendix. A valid statutory withdrawal does not trigger a missed appointment or administration penalty; any permissible compensation for value received is governed by Section 13.2.

13.2 If the service is to begin before the withdrawal period expires, an express request is required during the booking process. Upon full performance of the contract, the right of withdrawal may expire if the express consent and acknowledgement of the loss of that right required by law have been provided. Where withdrawal occurs after the service has begun, a reasonable proportionate amount may be payable.

13.3 Statutory exceptions for healthcare services and mandatory special national rules remain reserved. These provisions do not restrict the right to terminate a mandate for medical or therapeutic services under the applicable mandatory law.

14 Data protection, professional confidentiality and communication

14.1 Oh yes baby yes GmbH processes personal data in accordance with applicable data protection law, particularly the Swiss Data Protection Act and, where applicable, the EU General Data Protection Regulation. The privacy policy available on the website and supplementary information for patients explain the purposes, data categories, recipients, retention, any transfers abroad and data subjects' rights. Health data and data concerning a person's intimate sphere receive particular protection. Acknowledging this information does not constitute blanket consent to any use of data.

14.2 Medical documentation and billing are kept technically and organisationally separate from the website, online shop and newsletter management. Medical data is not automatically transferred for newsletters, advertising or advertising profiles. Medical staff are given access only to the extent required for their tasks. Newsletters are sent independently of treatment or orders, following a separate subscription, and can be unsubscribed from at any time.

14.3 Medical professionals and those assisting them observe professional confidentiality; other persons involved are bound by confidentiality to the extent required. Specialised service providers may be used for appointment booking, medical documentation, billing and secure communication. Booking data may also contain health-related information and is protected accordingly. Information required by law to be disclosed to insurers or other authorised bodies is limited to what is necessary. Details of service providers, their roles and data locations are set out in the privacy policy.

14.4 Following appropriate implementation, Oh yes baby yes GmbH may use specialised AI-assisted software for medical documentation, preparing reports and following up on consultations. A professional reviews medical content and remains responsible for the assessment. Health data may be processed for these purposes only within systems that have been reviewed and approved for them; it is not made available for general AI training or advertising without a separate legal basis.

14.5 Before any AI-assisted listening, recording or transcription takes place, the persons concerned are informed about the purpose, scope, data processing and alternatives. Such a procedure takes place only with the prior express consent of all affected participants in the conversation. Agreement to these GTC is not sufficient for this purpose. Consent may be withdrawn with effect for the future; a consultation without AI listening remains available. Statutory retention obligations for treatment documentation already created remain in place.

14.6 Following its introduction, an AI-assisted telephone assistant may be used to answer calls and handle organisational matters. Its use and any recording or transcription are disclosed at the beginning of the call; any required consent is obtained before the relevant activity begins. A contact option without an AI assistant is provided. The assistant does not make diagnoses or independent treatment decisions and is not an emergency service.

14.7 Email is one of the communication channels offered. Suitable protected transmission channels are agreed for medical content, such as encrypted messages or a secure patient portal. End-to-end encryption is stated only for communication channels where it has actually been technically implemented. Standard email and public website forms should not be used for detailed health information. Where required, consent to a different communication channel is obtained after separate information has been provided.

14.8 Requests for access to information and other data protection enquiries can be sent to info@ohyesbabyyes.ch. Appropriate identity verification may be required before information is provided. Withdrawal of consent takes effect for the future. Statutory documentation and retention obligations and permissible billing purposes remain unaffected. Further details are set out in the privacy policy.

15 Website, content and intellectual property rights

15.1 General content on the website, in newsletters and on social media is provided for information and does not replace individual medical or therapeutic advice. Oh yes baby yes GmbH endeavours to provide accurate and up-to-date content but does not warrant that it is complete or free of errors at all times.

15.2 Text, images, design, logos and trademarks are subject to the rights of Oh yes baby yes GmbH or the respective rights holders. Uses permitted by law, particularly quotations, remain permissible. Any further reproduction, adaptation or commercial use requires the necessary consent. A purchase or booking does not transfer any trademark or other intellectual property rights. Details of the Swiss word/figurative mark and the protected goods and services are stated in the legal notice on the basis of the current register entry. Protection outside Switzerland is claimed only for territories where protection actually exists.

15.3 External links and references to cooperation partners lead to offerings for whose own content and services the respective operators are generally responsible. A link alone does not make Oh yes baby yes GmbH a contracting party for those offerings. The continuous availability of external links cannot be guaranteed. Responsibility for our own statements, our own selection duties and our own contractual services remains in place. Reports of incorrect or unlawful links can be sent to the contact address.

15.4 Uninterrupted technical availability of the website, booking systems and digital services cannot be guaranteed. In the event of disruptions, appointments can be arranged through another contact channel offered. For an interrupted paid online consultation, continuation, an alternative appointment or an appropriate credit or refund is agreed, depending on the extent of the service provided. Liability for attributable breaches of duty is governed by Section 16.

16 Liability by service area

16.1 Medical services: Oh yes baby yes GmbH is liable under the statutory requirements for the diligent fulfilment of its treatment, information, documentation and other contractual duties; insofar as legally permitted, Oh yes baby yes GmbH excludes liability for loss or damage not attributable to a breach of medical duties of care, information or documentation.

16.2 Therapeutic and advisory services: Liability is governed by the agreed service and the statutory and professional duties of care applicable to it. No particular personal or therapeutic outcome is guaranteed.

16.3 Privately billed services and packages: Private funding does not alter the duties of care and liability applicable to the treatment or advice concerned. Sections 6 to 8 also apply to refunds, missed appointments and package settlements.

16.4 Physical products: Statutory warranty rights and claims for damages, as well as mandatory product liability, apply.

16.5 Website and other commercial services: Free general information does not constitute an individual treatment recommendation. For separately booked paid services, the respective agreed scope of services remains binding. Section 15 also applies to technical disruptions and cooperation offerings; liability for our own breaches of duty is governed by law.

16.6 In particular, liability for intent and gross negligence, for death or injury to body or health, and all other mandatory liability claims remain unaffected. Responsibility for persons engaged to assist is governed by law. Any contributory fault of the injured party is taken into account in accordance with statutory rules.

17 Changes to services, products and GTC

17.1 Oh yes baby yes GmbH may adjust its services, products, prices and these GTC for future contracts. Contracts already concluded generally remain subject to the terms agreed when they were concluded.

17.2 Changes to ongoing contractual relationships are made only on the basis of a valid agreement, a clear contractual basis for amendments, or mandatory statutory or regulatory requirements.

18 Applicable law and jurisdiction

18.1 Swiss law applies. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded insofar as permitted. Mandatory rules of private international law remain applicable.

18.2 This choice of law does not deprive consumers of the protection of mandatory provisions of the law of their habitual residence where those provisions cannot be excluded under the applicable rules of private international law.

18.3 Insofar as an agreement on jurisdiction is legally permissible, the courts with subject-matter jurisdiction in the City of Zürich have jurisdiction. Mandatory statutory places of jurisdiction, particularly those protecting patients and private customers, take precedence. This also includes statutory restrictions on jurisdiction for claims brought by Oh yes baby yes GmbH against such persons.

19 Breaches of contract and final provisions

19.1 If any provision of these GTC is wholly or partly invalid or unenforceable, the remaining provisions remain valid. The statutory rule replaces the invalid provision. This is not intended to preserve an invalid clause by reducing it to a legally permissible scope to the detriment of consumers.

19.2 Legally relevant notices may be sent to the email address given above, unless the law or an agreement requires a stricter form.

19.3 In the event of a breach of contract, the entitled party may assert the claims provided for by law, particularly performance or an action for performance, injunctive relief, remediation and damages. In the event of serious misuse, digital access may be blocked in accordance with the principle of proportionality; rights to medical records and any continuation of treatment required by professional standards or an orderly handover remain protected.

19.4 Contractual penalties require a separate, valid agreement that clearly defines the specific breach and the amount or method of calculation. These GTC do not introduce a general contractual penalty. Mandatory rights of termination and withdrawal are not restricted. The missed appointment provisions in Section 6 serve to compensate for a legally compensable loss arising from a missed appointment; they do not create an additional penalty alongside compensation for the same loss.

Appendix: Withdrawal instructions

These instructions apply where a statutory right of withdrawal applies to private customers in Germany, Austria or Liechtenstein. The rules referred to in Section 11.1 apply accordingly to the voluntary return of goods. Statutory exceptions, particularly for certain healthcare services and unsealed hygiene products, remain reserved.

Right of withdrawal for goods

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day on which you, or a person designated by you who is not acting as the carrier, take possession of the goods. Where multiple goods from a single order are delivered separately, the period begins upon receipt of the last item.

Right of withdrawal for services

Where a right of withdrawal exists, you have the right to withdraw from this contract within 14 days from the day the contract is concluded without giving any reason.

Exercising the right of withdrawal

To exercise your right of withdrawal, you must inform us of your decision by means of a clear statement:

Oh yes baby yes GmbH, Grossmünsterplatz 9, 8001 Zürich, Switzerland, email: info@ohyesbabyyes.ch

You may use the model withdrawal form below or the electronic withdrawal function provided for online contracts that are subject to a statutory right of withdrawal; neither is mandatory. Receipt of an electronic withdrawal is promptly confirmed in a form that can be saved. To meet the deadline, it is sufficient to send your notice before the withdrawal period expires.

Effects of withdrawal

If you withdraw from the contract, we reimburse all payments received from you, including the cost of the least expensive standard delivery option offered, without undue delay and no later than 14 days after receiving your notice of withdrawal. We generally use the same payment method for reimbursement as for the original transaction, unless otherwise agreed. No reimbursement fees are charged.

For goods, we may withhold reimbursement until we have received the goods back or you have provided evidence that you have sent them back, whichever is earlier. You must return the goods without undue delay and no later than 14 days after your notice of withdrawal. You bear the direct costs of returning the goods.

You are liable for diminished value only if it results from handling the goods beyond what is necessary to establish their nature, characteristics and functioning.

If you requested that a service subject to a right of withdrawal begin during the withdrawal period, you must pay a reasonable amount for the proportion already provided up to withdrawal, provided that the statutory requirements are met.

Exclusion or early expiry

In particular, to the extent provided for by applicable law, the right of withdrawal does not exist or ceases to exist for sealed goods that are unsuitable for return for reasons of health protection or hygiene if the seal has been removed, and for goods made to individual specifications or perishable goods. For services that have been fully performed, the right of withdrawal may expire following express consent to performance beginning early and acknowledgement of the loss of that right. Mandatory special rules for healthcare services remain reserved.

Model withdrawal form

If you wish to withdraw from the contract, you may send this form to the contact address stated under Exercising the right of withdrawal.

Recipient: Oh yes baby yes GmbH; for the contact address, see Exercising the right of withdrawal

Declaration: I/We hereby withdraw from the contract concluded by me/us for the purchase of the following goods or the provision of the following service:

Goods or service

Ordered or concluded on:

Received on:

Name:

Address:

Date and signature: (Only for notices submitted on paper)