General terms and conditions of WINTER Medizintechnik AG

1. General points

1.1. WINTER Medizintechnik AG has its headquarters at Oberdorfstrasse 68, 9100 Herisau. The general terms and conditions (hereinafter referred to as general terms and conditions) govern the comprehensive terms and conditions and services between WINTER Medizintechnik AG and its customers.

1.2. All correspondence is handled through the secretariat of WINTER Medizintechnik AG, Oberdorfstrasse 68, 9100 Herisau, or by email to info@wintermed.ch.

2. Offer

2.1. The offer from WINTER Medizintechnik AG is aimed at customers over 18 years of age with legal capacity and residence in Switzerland. The offers from WINTER Medizintechnik AG are non-binding and are not to be understood as binding quotes.

2.2. The customer receives an order receipt confirmation, which is not binding. WINTER Medizintechnik AG reserves the right in particular not to accept orders if more than customary household quantities of an item are ordered. An order is only concluded upon confirmation of shipping or readiness for pickup of the ordered goods.

3. Order and delivery

3.1. Orders are accepted via the website www.wintermed.ch as well as by email, telephone, or at our headquarters. If, after the order receipt confirmation, it is determined that an item is not deliverable, the corresponding order will be canceled. The customer may not assert any further claims.

3.2. The delivery period stated in the offer or in the order receipt confirmation is only a guideline and is not binding. If WINTER Medizintechnik AG is unable to meet a delivery period, the customer may withdraw from the order 30 days after the order receipt confirmation by written notice to the secretariat.

3.3. WINTER Medizintechnik AG is entitled to make partial deliveries. If part of the ordered goods cannot be delivered, there is no right to cancel the entire order. The customer may not assert any further claims.

3.4. Delivery is made exclusively to addresses in Switzerland at the customer’s cost and risk. As a rule, delivery is made only to the customer’s curbside/mailbox.

3.5. In the case of a pickup deadline, the customer must pick up the ordered goods within four weeks after notification at our registered office at Oberdorfstrasse 68, 9100 Herisau. General opening hours apply to pickup. If the goods are not accepted within the pickup deadline, WINTER Medizintechnik AG has the right to cancel the contract and may claim Expense compensation.

3.6. The customer undertakes to immediately check the delivered/picked-up goods for correctness, completeness, and integrity. Damage to the delivered/picked-up goods must be reported as quickly as possible, but no later than 5 calendar days after delivery, to the executing transport company and WINTER Medizintechnik AG. In the event of complaints, all parts of the original packaging must be kept. These may only be disposed of after written approval from the transport company or WINTER Medizintechnik AG.

4. Prices

4.1. WINTER Medizintechnik AG has the right to change the price at any time. The price published at the time of the order applies. Price changes made after the order will not be taken into account.

4.2. All prices from WINTER Medizintechnik AG include value added tax (VAT.) and the advance recycling fee (Advance recycling fee) in Swiss francs. Additional costs (e.g., shipping costs, packaging costs, surcharges for certain means of payment, small-quantity surcharge, transport warranty, services) are not included in the price and are shown separately and may be charged additionally. Technical changes, errors, and printing mistakes are reserved.

5. Payment and retention of title

5.1. The means of payment specified on www.wintermed.ch apply. WINTER Medizintechnik AG may exclude individual means of payment generally or for individual customers without further justification. WINTER Medizintechnik AG has the right to charge surcharges for individual means of payment.

5.2. When purchasing with debit and credit cards, the charge is made at the time of the order. The data for payment by credit and debit cards is transmitted in encrypted form.

When purchasing by advance payment, the order is only triggered once the corresponding payment has been received by WINTER Medizintechnik AG. The desired items cannot be reserved during this time. If goods availability is limited, it may happen that the goods are not immediately available for Dispatch by the time the order is triggered. If payment has not been received by WINTER Medizintechnik AG within 5 days, WINTER Medizintechnik AG may cancel the order. If it is agreed that the ordered goods will be picked up by the customer at WINTER Medizintechnik AG, the entire purchase price, including additional costs, must be paid upon pickup.

5.3. The products delivered by WINTER Medizintechnik AG or picked up by the customer remain the property of WINTER Medizintechnik AG until the entire purchase amount (including all surcharges) has been received by WINTER Medizintechnik AG. The customer undertakes to treat the products with care as long as they are the property of WINTER Medizintechnik AG.

5.4 In the case of payments by invoice, processing fees of CHF 15.– may be charged per reminder if the payment deadline is not met.

6. Warranty and repairs

6.1. Return and exchange right

The customer has no general return and exchange right. For individual items, a right of return exists subject to compliance with the return conditions. Exchange is excluded. The delivery note or the printed and enclosed invoice serves as the warranty certificate. This must be kept carefully.

The return must in all cases be requested in writing by email or via telephone number 071 761 01 02.

A return is possible exclusively up to 2 weeks (14 calendar days) after receipt of the goods. The date of Dispatch is decisive.

The return shipment of the goods must be made in the original packaging, complete with all accessories and with the delivery note/warranty certificate enclosed. It is carried out at the cost and risk of the customer – WINTER Medizintechnik AG recommends shipping via registered mail with the additional service “Assurance”.

6.2 Procedure for defective products

The customer may assert a defect in the product, provided there are no grounds for exclusion. Grounds for exclusion may include, in particular, damage caused by natural hazards, moisture damage, impact or fall damage, natural wear and tear, incorrect handling, or damage caused by external influences. Wear parts are excluded from the warranty.

If there is a defect that does not fall under the grounds for exclusion, the customer may contact the secretariat of WINTER Medizintechnik AG in writing or by telephone. In all cases, the return shipment to WINTER Medizintechnik AG must be agreed in advance with WINTER Medizintechnik AG. Otherwise, WINTER Medizintechnik AG may claim Expense compensation.

Defective products will not be picked up. The customer must send the defective product to the designated service center or deliver it to the designated location at their own cost and risk. The products must be sent or handed over in person with all accessories in the original packaging and with proof of sale enclosed. If the original packaging is missing, the product must be packaged in a transport-safe manner.

Returned products that do not fall within the warranty period, are sent to an incorrect address, whose return shipment was not agreed upon and/or whose packaging was inadequate, or where accessories are missing, may be returned by WINTER Medizintechnik AG. Expense compensation may be claimed.

If it is determined that a submitted product is not covered by the warranty, a cost estimate for the expected repair costs will be prepared automatically. This will be invoiced to the customer with a flat fee of CHF 40.– Plus VAT. If the customer decides in favor of a repair, the flat fee for the cost estimate will be credited to them. If the customer does not respond to the cost estimate, the product will be disposed of. If the customer wants the product returned unrepaired, the corresponding shipping costs will also be added.

6.3 warranty period and manufacturer’s warranty

The warranty period is shown on the delivery note for each item. For new products, this is at least 2 years. A warranty replacement or warranty repair does not lead to an extension of the original warranty period. The warranty does not restrict the statutory warranty obligation.

The warranty period begins at the time of Dispatch. In the event of any waiting time until Dispatch, the warranty period does not yet run. In this respect, in the case of a partial delivery, the warranty duration of several products ordered at the same time may differ.

The decision on the type of defect remedy generally lies with the manufacturer. For the duration of the repair or the time until delivery of a replacement device, there is no claim to a free of charge replacement product. If the defective product is replaced by the manufacturer, the replacement product will be adjusted to the current value of the defective product. The defective product or the replaced parts become the property of the manufacturer. If a product is repaired or exchanged, this does not lead to an extension of the original warranty duration.

If the manufacturer decides to provide compensation instead of a repair or replacement product, this will be adjusted to the current value of the defective product. The compensation is in no case higher than the purchase price and takes into account that the customer was able to use the product until the defect occurred.

If it is determined that the product has no defects or that these are not covered by the warranty, return shipping will be at the customer’s cost and risk. Furthermore, Expense compensation may be charged.

7. Liability

Claims for damages arising from impossibility of performance, breach of contract, fault when concluding the contract, and unlawful acts are excluded, unless intentional or grossly negligent conduct is present. Liability for indirect damage and consequential damage resulting from use, defective performance, or failure of performance is excluded.

8. Data protection

8.1 privacy policy of WINTER Medizintechnik AG

For all visits to the website www.wintermed.ch, the privacy policy of WINTER Medizintechnik AG applies

8.2 Individual customer account

An order of goods and/or information about certain products is generally only possible once the customer has registered on www.wintermed.ch. Regardless of an order, they must provide, in addition to the username (email), their official first and last name, the residential address registered with the authorities, their date of birth, and a valid telephone number. When shopping via the individual customer account, a password must be defined. The products in the Shopping cart are saved regardless of an order.

The data of the customer account is protected against access by unauthorized third parties. Access to the complete data is possible only for a limited number of authorized persons and is disclosed to third parties only upon presentation of a power of attorney or in connection with an official investigation.

8.3 Advertising and newsletter

The data collected may be evaluated and used for marketing and advertising purposes. WINTER Medizintechnik AG is not interested in the purchasing behavior of individual persons. With purpose-bound evaluations, WINTER Medizintechnik AG forms target groups that make it possible to inform customers individually about offers and other services.

However, the customer has the option at any time to opt out of advertising. If you decide that you no longer wish to receive advertising, you can notify the secretariat. Such an opt-out relates solely to advertising in connection with WINTER Medizintechnik AG.

Every customer can subscribe to an electronic newsletter, which they can unsubscribe from again at any time in a simple manner.

WINTER Medizintechnik AG uses Google Analytics and uses so-called cookies, text files that are stored on your computer and enable analysis of the use of the website.

8.4 data disclosure

WINTER Medizintechnik AG excludes disclosure of data to third parties.

8.5 retention obligation / deletion of data

The data is retained for 10 years after the end of the contractual relationship and then deleted.

9. Place of jurisdiction, applicable law

These general terms and conditions may be changed at any time. Swiss law applies exclusively. The place of jurisdiction is at the registered office of WINTER Medizintechnik AG in Herisau.