TERMS OF SERVICE
CONTENTS
1. Scope
2. Offers and service descriptions
3. Order
4. Conclusion of a contract
5. Prices and shipping costs
6. Delivery, availability of goods
7. Payment methods
8. Retention of title
9. Material defect warranty and guarantee
10. Liability
11. Right of withdrawal
12. Exclusion of the right of withdrawal
13. Returns
14. Return costs in the event of cancellation
15. Storage of the contract text
16. Data protection
17. Place of jurisdiction, applicable law, contract language
1. SCOPE OF APPLICATION
1.1. For the business relationship between of Novobiomedical GmbH (hereinafter "Seller") and the Customers (hereinafter "Customer"), the following General Terms and Conditions apply exclusively in the version valid at the time of the order, provided that no individual contract has been concluded between the customer and the seller.
1.2. You can reach our back office for questions, complaints and complaints on weekdays from 1:00 p.m. to 5:00 p.m. by email at info@novobiomedical.ch
1.3. A customer within the meaning of these terms and conditions is any natural or legal person who can conclude a legal transaction for a purpose (Art. 12 or Art. 53 ZGB).
1.4. Deviating or conflicting conditions of the customer will not be recognized unless the seller expressly agrees to their validity in writing.
2. OFFERS AND SERVICE DESCRIPTIONS
2.1. The seller's offers are always subject to change and non-binding.
2.2. The type and scope of the service is agreed orally or in writing.
2.3. The presentation of the products on the website is not a legally binding offer, but a visualization of the products. Action descriptions and further descriptions on the website and in the seller's product descriptions do not have the character of an assurance or guarantee and do not replace reading the package insert.
2.4. The following general terms and conditions apply exclusively to all contractual relationships between the seller and the customer. Deviations from these terms and conditions are only effective if they are confirmed in writing by the seller.
3. ORDER
3.1. The customer can make a binding order from the seller's range of products by telephone, in writing by email, fax or the contact form.
3.2. The following three order types are available to the customer:
3.2.1. The customer can order one (or more) articles, which will be delivered and charged directly.
3.2.2. By sending a selection mail, the customer receives various coordinated products, stating a specific operation date. The customer must report its use or non-use no later than one day after the operation. If you use it, we will send you an invoice. When not in use, the customer is instructed to return the product in its original packaging and undamaged. Shipping costs are borne by the customer. (See also 13.)
3.2.3. Customers with a consignment warehouse receive products for storage. The customer agrees in writing with the seller on the type and scope of the items that he would like to have in stock. The customer reports the consumption of an article immediately so that it can be offset and subsequently delivered. In the event that the item could not be delivered, the seller offers alternatives. The customer can return items that are not used at any time. Buyer pays for shipping. Articles that will expire in the foreseeable future without being used must be reported and returned. The seller reserves the right to carry out regular warehouse controls and to offset all unreported products that are no longer in stock.
4. CONCLUSION OF A CONTRACT
4.1. During the order process or in his order request, the customer can express the wish for an order confirmation and the type of invoicing (e-banking, by e-mail or by post).
4.2. The seller processes the order on working days between 1:00 p.m. and 5:00 p.m. and, if he so wishes, sends the customer an order confirmation in which the customer's order is listed again. In addition, the consignment number is communicated to the post office.
4.3. The purchase contract between the parties is concluded upon receipt of the order. If the buyer has requested an order confirmation, the contract only comes into effect when it is delivered.
5. PRICES
5.1. Prices are not specified on the seller's website and will be communicated on request by telephone or in writing if there is no contract between the seller and customer that sets the product prices.
5.2. All prices are in Swiss Francs (CHF) and do not include VAT.
5.3. The prices valid at the time of the conclusion of the contract apply according to the seller's price list. The seller reserves the right to change prices at any time.
6. DELIVERY, AVAILABILITY OF GOODS
6.1. The seller will provide the services agreed in writing in the contract with the customer in accordance with the contract. The same applies to verbal agreements.
6.2. Delivery dates, deadlines and periods that have not been expressly confirmed as binding by us are exclusively non-binding information.
6.3. The delivery time is also extended to a reasonable extent in the event of labor disputes and unforeseen events that can be shown to have delayed the production or delivery of the order.
6.4. If no copies of the product selected by the customer are available at the time of the customer's order, the seller shall notify the customer of this in the order confirmation. If the product is permanently unavailable, the seller will inform the customer and suggest alternative products.
6.5. If the product specified by the customer in the order is only temporarily unavailable, the seller will also notify the customer of this immediately in the order confirmation. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract.
7. PAYMENT METHODS
7.1. The customer can choose from the available payment methods (e-banking, e-mail or post) as part of and before completing the order process.
7.2. Payment of the invoice must be made within 30 days of receipt of the goods and the invoice.
7.3. If the customer is in default after the first reminder, he owes default interest.
8. RESERVATION OF TITLE
8.1. The delivered goods remain the property of the seller until they have been paid for in full.
8.2. If the customer acts contrary to the contract, in particular if the customer does not meet his payment obligation despite a reminder from the seller, the seller can withdraw from the contract after setting a reasonable deadline and demand the surrender of the goods that are still in his property. Any shipping costs incurred are borne by the customer.
9. DEFECT WARRANTY AND GUARANTEE
9.1. The guarantee is based on the statutory provisions.
9.2. The goods delivered by the seller are only guaranteed if this has been expressly given.
9.3. If there is a guarantee, obvious defects must be reported no later than 3 days after receipt of the goods and defects discovered later as soon as possible, otherwise the goods are considered accepted.
9.4. In the case of justified complaints, the seller can choose either a replacement delivery after receipt of the defective goods or a credit note. In the case of a replacement delivery, the seller bears the costs of the return and new delivery.
9.5. If the owed supplementary performance fails a second time, the customer has the right to reduce the purchase price or to withdraw from the contract.
9.6. If the customer chooses to withdraw from the contract due to a defect after a failed supplementary performance, he is not entitled to any additional claims for damages due to the defect. This does not apply if the breach of contract was fraudulently caused by the seller.
9.7. If the delivered goods are damaged in the mail, the buyer must return them to the seller and receive a replacement.
10. LIABILITY
10.1. The following exclusions and limitations of liability apply to the seller's liability for damages, irrespective of the other statutory entitlement requirements.
10.2. The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
10.3. The seller's liability only ends when the goods are handed over to the customer. There is no liability for delays in delivery by an independent body (e.g. Swiss Post) for which the seller is not responsible.
10.4. Claims for damages by the customer due to a defect expire one year after delivery of the goods. This does not apply to gross negligence on the part of the seller.
11. RIGHT OF WITHDRAWAL
11.1. Customers may revoke the contract declaration within 7 days without giving a reason in text form (e-mail), or upon receipt of the goods by returning them.
The 14-day period begins after receipt of this instruction in text form, but not before receipt of the goods by the customer (or not before receipt of the first partial delivery in the case of recurring orders for similar goods).
The timely dispatch of the cancellation or the item (date of the postmark) is sufficient to meet the cancellation deadline. The revocation must be sent to:
by email at info@novobiomedical.ch .
The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline.
11.2 In the event of an effective cancellation, the mutually received services are to be returned and any benefits (e.g. interest) surrendered. If the goods cannot be returned or can only be returned in a deteriorated condition, the customer must pay compensation. However, this is only to be paid if the damage can be traced back to the use and inspection of the goods. Damage that already existed at the time of delivery does not have to be compensated by the customer.
11.3 The costs for the return (including postage) are borne by the customer.
12. EXCLUSION OF RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to the delivery of goods that are manufactured according to customer specifications or that are clearly tailored to personal needs.
13. RETURNS
13.1. Before returning the goods, customers are asked to report the return to the seller due to damage or disuse by e-mail to info@novobiomedical.ch in order to announce the return. In this way you enable the seller to assign the products as quickly as possible. The customer is responsible for the costs of the return (including postage).
13.2. Customers are asked to send the goods back to the seller as a prepaid package and to keep the postal receipt.
13.3. Goods that are not in their original packaging, opened, opened or no longer salable are excluded from return. The customer is obliged to send the products securely packaged. Should damage occur that can be traced back to inadequate packaging or careless behavior on the part of the customer, the customer will be charged the full price of the product.
13.4 Customers are liable for the products ordered until the seller has received them.
14. RETURN COSTS IN THE EVENT OF WITHDRAWAL
The customer assumes all costs in the event of a cancellation (including postage).
15. STORAGE OF THE CONTRACT TEXT
The terms and conditions are available online at any time. The German version is authoritative.
16. PRIVACY POLICY
16.1. The seller processes personal data of the customer for a specific purpose and in accordance with the statutory provisions.
16.2. The personal data provided for the purpose of ordering goods (such as name, email address, address, payment data) will be used by the seller to fulfill and process the contract. These data are treated confidentially and are not passed on to third parties who are not involved in the ordering, delivery and payment processes.
16.3. Upon request, the customer has the right to receive information free of charge about the personal data stored about him by the seller. In addition, he has the right to correct incorrect data, block and delete his personal data, as long as there is no legal obligation to retain it.
16.4. Further information on the type, scope, location and purpose of the collection, processing and use of the required personal data by the seller can be found in the data protection declaration .
17. PLACE OF JURISDICTION, APPLICABLE LAW, CONTRACTUAL LANGUAGE
17.1. The place of jurisdiction and fulfillment is the registered office of the seller if the customer is a merchant, a legal entity under public law or a special fund under public law.
17.2. Swiss law applies. This does not apply if mandatory customer protection regulations prevent such an application.
17.3. The contract language is German.
Status of the GTC August 2020