1) Scope of Application
1.1 These General Terms and Conditions of Sale (GTC) apply to all contracts concluded between a consumer or a professional and Innovative MedTech Distribution & Academy SA (hereinafter referred to as the "seller") concerning products and/or services presented by the seller on its online store. These GTC supersede all conditions imposed by the customer, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is considered any natural person who acquires consumer goods or uses services to satisfy personal needs, without a direct connection to their professional activity. In these General Terms and Conditions of Sale, a professional refers to any natural or legal person with legal capacity acting within the scope of their commercial, industrial, or liberal activity.
2) Conclusion of the Contract and Order Processing
2.1 Product descriptions published on the Seller's online store are not firm offers from the Seller but allow the customer to submit a binding offer.
2.2 The customer can submit their offer through the order form integrated into the seller's online store. When placing such an order, the customer submits a binding offer relating to the goods and/or services contained in their shopping cart by clicking the button completing the order ("Confirm Order").
2.3 The Seller can accept the customer's offer within 5 days,
- by sending a written order confirmation or a confirmation in text form (fax or email) to the customer, with the receipt of the order confirmation by the customer being decisive.
- by delivering the ordered goods to the customer, with the receipt of the goods by the customer being decisive, or by prompting the customer to pay after submitting the order.
If multiple alternatives as mentioned above exist, the contract is concluded when one of the above alternatives takes effect first. If the seller does not accept the customer's offer within the aforementioned period, the offer is considered rejected, resulting in the customer no longer being bound by their declaration regarding the conclusion of the contract.
2.4 If the customer selects "PayPal Express" as the payment method, they also give the payment order to their service provider by clicking the button completing the ordering process. In this case, and contrary to article
2.5 The Seller declares acceptance of the offer at the time when the Customer initiates the payment process by clicking the button completing the ordering process.
2.6 The acceptance period of the offer begins on the day following the sending of the offer by the Customer and ends at the expiration of the fifth day following the sending of the offer.
2.7 If the Customer submits an offer using the online order form, the contract text is saved and sent to the customer together with these GTC in text form (email, fax, or letter). In addition, the contract text is archived and can be requested free of charge by the customer through their password-protected account by providing their login details.
2.8 Before placing a firm and final order via the seller's online form, the customer has the opportunity to correct their entries using the usual keyboard functions. Furthermore, all information provided is displayed again in a confirmation window just before the final validation of the order and can be corrected in the same way.
2.9 The French and German languages are both valid for the conclusion of the contract.
2.10 The processing of the order and communication take place via email and through an automated order processing system. The customer must ensure the accuracy of the provided email address for order processing and to receive emails sent by the seller. Additionally, the customer should particularly ensure that, in case of using unwanted email filters (anti-spam), all emails sent by the seller or by third parties involved in order processing can be received.
3) Right of Withdrawal
In principle, consumers have a right of withdrawal. More details on the right of withdrawal can be found in the seller's information regarding the exercise of the right of withdrawal.
4) Prices and Payment Terms
4.1 The prices indicated by the Seller include value-added tax (VAT) and other price components. However, additional delivery and shipping costs may apply. They are expressly displayed on the Seller's online store, if applicable.
4.2 The Customer can choose from several payment options displayed in the Seller's online store.
4.3 If advance payment is agreed, it must be made immediately after the conclusion of the contract.
4.4 If the "PayPal" payment method is chosen, the payment process is carried out via the PayPal (Europe) S.à r.l. et Cie, S.C.A. payment service provider, 22-24 Boulevard Royal, L-2449 Luxembourg, in accordance with the general terms of use (see https://www.paypal.com/ch/webapps/mpp/ua/useragreement-full?locale.x=en_CH). This presupposes, among other things, that the Customer has opened a PayPal account or already has such an account.
5) Delivery Conditions
5.1 The delivery of goods is regularly carried out by mail and to the delivery address specified by the Customer. The delivery address provided by the Customer to the Seller is decisive during the execution of the transaction.
5.2 If the transport company returns the goods to the Seller due to the impossibility of delivering the goods to the customer, the costs of the unsuccessful shipment are borne by the Customer.
5.3 The risks of loss and accidental deterioration of the sold goods are transferred to the Customer as soon as the goods are shipped or handed over to a person entrusted with the transport.
5.4 In the case of self-collection by the customer, the seller informs the customer by email that the ordered goods are ready for collection. After receiving this email, the customer can pick up the goods at the seller's registered office by arrangement with the seller. In this case, no shipping costs are charged.
6) Liability for Defects
Legal liability for defects applies.
7) Redemption of Promotional Vouchers
7.1 Vouchers with a limited validity period, issued free of charge by the seller as part of advertising campaigns that cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") are only valid in the seller's online store and only within the period indicated on the voucher.
7.2 Some products may be excluded from the promotional campaign, but only if this restriction is explicitly stated on the promotional coupon.
7.3 Only one promotional voucher can be used per order.
7.4 Promotional vouchers can only be used before the end of the order process. Subsequent compensation or reduction is impossible.
7.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
7.6 If the value of the promotional voucher is not sufficient to cover the entire order, the customer can choose to pay the difference using the other payment methods offered by the seller.
7.7 The value of the promotional voucher cannot be paid in cash and does not earn any interest.
7.8 The promotional voucher will not be refunded if the customer exercises their legal right of withdrawal and returns the goods paid for in full or in part with the promotional voucher.
7.9 The promotional voucher is transferable. The seller may deliver the goods to the person who used the promotional voucher in the store, even if it is not the original owner of the voucher. This does not apply if the seller knows or, by gross negligence, is unaware of the lack of authorization, legal incapacity, or lack of power of representation of the original owner.
8) Redemption of Gift Vouchers
8.1 Vouchers that can be purchased through the seller's online store (hereinafter referred to as "gift vouchers") can only be used in the seller's online store unless otherwise stated on the voucher.
8.2 Gift vouchers and their remaining balance can be used until the end of the third year following the year of purchase. The remaining balance will be credited to the customer until the expiration date of the vouchers.
8.3 Gift vouchers can only be used before the end of the order process. Subsequent compensation is impossible.
8.4 Gift vouchers can only be used to purchase goods and not for the purchase of other gift vouchers.
8.5 If the value of the gift voucher is not sufficient to cover the entire order, the customer can choose to pay the difference using the other payment methods offered by the seller.
8.6 The value of the gift voucher cannot be paid in cash and does not earn any interest.
8.7 The gift voucher is intended for the exclusive use of the person named on it. The transfer of the gift voucher to third parties is excluded.
9) Applicable Law, Jurisdiction
9.1 If the customer is a consumer within the meaning of Article 1.2, any legal relationship between the contracting parties is subject to Swiss law, excluding the laws relating to the international purchase of movable goods, and the competent court for any dispute related to this contract is exclusively the one at the customer's main residence.
9.2 If the customer is a professional, the competent court for any dispute related to this contract is exclusively that of the customer's main residence or the registered office of the Seller.