1.
Validity of the terms and conditions
The deliveries, services and offers of Cefaly
Switzerland c/o Neurolite AG and its online store are based exclusively on
these general terms and conditions, even if they are not expressly agreed
again. These terms and conditions are deemed to have been accepted when the goods
or services are ordered. The customer's general terms and conditions of
purchase are hereby rejected. Deviations from the general terms and conditions
are only effective if they are confirmed in writing by Cefaly Schweiz c/o
Neurolite AG.
2.
Terms of delivery
Delivery is only made to delivery addresses within
Switzerland and the Principality of Liechtenstein.
All dates and delivery periods are non-binding,
unless expressly agreed otherwise in writing.
Visible differences in quantity must be reported in
writing to Cefaly Switzerland c/o Neurolite AG immediately upon receipt of the
goods and hidden differences in quantity within 5 days of receipt of the goods.
Complaints regarding damage, delay, loss or poor packaging must be made
immediately upon receipt of the consignment.
3.
Transfer of risk
The risk shall pass to the customer as soon as the
consignment has been handed over to the company carrying out the
transportation.
4.
Warranty/Garantee
Cefaly Switzerland
c/o Neurolite AG or the manufacturer guarantees the freedom from defects and
functionality of the device for 3 years after delivery.
If the operating instructions are not followed,
changes are made, parts are replaced or consumables are used that do not comply
with the original specifications, any warranty/guarantee is void if the defect
is attributable to this. This also applies if the defect is due to improper
use, storage and handling of the devices, or tampering or opening of devices.
Insignificant deviations from the warranted
characteristics of the goods do not trigger any warranty or guarantee rights.
Liability for normal wear and tear, as well as consumables/accessories/used
batteries/used or installed rechargeable batteries is excluded.
In the event of a warranty or guarantee claim, the
customer is entitled to rectification, replacement or conversion. Cefaly
Switzerland c/o Neurolite AG is entitled to choose the type of defect
rectification. If Cefaly Schweiz c/o Neurolite AG decides to cancel the
contract, a credit note will be issued at the sales price at the time of the
order. The warranty period is not interrupted by any warranty or guarantee
claim, but continues to run.
The replacement of appliances does not result in
any new warranty periods coming into force.
5.
Returns/returns during the test phase
In all cases, the customer is responsible for
packing the goods to be returned in a transportable manner and for bearing the
costs of this and the transportation.
Cefaly Switzerland c/o Neurolite AG accepts no
liability for damage/destruction of the goods due to improper packaging. If the
customer hands over the goods to a transport company, the customer bears the
risk for the safe transportation of the goods.
If the goods are returned during the test phase,
the purchase price minus the lump sum for the test phase(s) will be refunded to
the customer after receipt of the used device (in the case of advance payment)
or the test phase(s) will be charged in the case of purchase on account. In any
case, the delivery date is decisive for the calculation of the number of test
phases to be invoiced. A processing fee of CHF 45 will be charged for devices
that are returned in their original packaging and unused within 14 days of the
date of purchase. Thereafter, at least one test phase will be charged
regardless of whether the device has been used. The delivery date is also
decisive for the calculation. Cefaly Switzerland c/o Neurolite AG may refuse to
issue a credit note until it has received the goods back or the customer has
provided proof that he has returned the goods, whichever is the earlier.
6.
Payment / reminder and overdue fees
The invoice will be paid within 125 days. The
payment methods available for selection are published in the online store.
Cefaly Switzerland c/o Neurolite AG reserves the right, if necessary, to carry
out a credit check in accordance with the data protection declaration, which
may restrict the payment method. For the purpose of the credit check, your
personal data will be forwarded to Inkasso Med AG / Intrum AG and may be stored
there. A payment is only deemed to have been made when Cefaly Switzerland c/o
Neurolite AG can dispose of the amount. If payment is not made within the
above-mentioned period, the customer is in default of payment.
In the event of late payment, Cefaly Switzerland
c/o Neurolite AG may reduce the customer's creditworthiness, restrict payment
methods and withhold outstanding deliveries. In addition, the customer will
receive a written reminder. Cefaly Switzerland c/o Neurolite AG charges the
following reminder fees:
1st reminder CHF 5.
2nd reminder CHF 10.-
In the event of unsuccessful reminders, Cefaly
Switzerland c/o Neurolite AG may assign the claim to Inkasso Med AG / Intrum
AG. Inkasso Med AG / Intrum AG will claim the outstanding amounts in its own
name and for its own account and may charge additional processing fees.
7. Postage / Small
quantity surcharge
Device - free postage
Electrodes - postage CHF 5.-
Gel - postage CHF 12.-
Postage is not charged for
orders of CHF 100.- or more.
8.
Limitation of liability
Claims for damages arising from impossibility of
performance, breach of contract, culpa in contrahendo and tort are excluded
against Cefaly Switzerland c/o Neurolite AG, as well as against auxiliary
persons and substitutes, except in cases of willful misconduct or gross
negligence. No liability is accepted for consequential damage resulting from the
use of the products.
9. Data
protection
Cefaly Switzerland c/o Neurolite
AG undertakes to comply with data protection regulations when processing
customer data. Further information on the handling of customer data can be
found in the separate data protection declaration. The Privacy Policy is an
integral part of these General Terms and Conditions. By accepting the General
Terms and Conditions, the customer also agrees to the data protection
declaration.
10. Place of
jurisdiction
Belp is the exclusive place of jurisdiction for all
disputes arising directly or indirectly from the contractual relationship. The
legal relationship is subject to Swiss law.
11. Final
provisions
Cefaly Switzerland c/o Neurolite AG reserves the
right to amend the General Terms and Conditions at any time.
Should any provision of these General Terms and
Conditions be invalid, this shall not affect the validity of the remaining
provisions or the General Terms and Conditions as a whole. In place of the
invalid provision, the relevant statutory provisions shall apply.