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General terms and conditions

Scope of Application:

These General Terms and Conditions ("GTC") apply to the entire business of the company named below.

 

Swiss Medical Consulting
The Circle 6

8058 Zurich, Switzerland

Managing director authorised to represent the company: Dr. med. Murat Yilmaz

VAT no. 

 

Contact details:

Phone: +41 79 712 86 96

E-mail: info@swissmedicalconsulting.ch

 

1. conclusion of contract

The conclusion of the contract is effected by the confirmation of the Company of the agreement concerning the purchase of products and / or services by the Customer. 

The contract is also concluded when the customer uses the services offered by the company and / or orders products via the company's online shop or buys them directly.

 

2. prices

Unless otherwise offered, all prices are in Swiss francs (CHF). All prices are exclusive of any applicable value added tax (VAT).

Prices are exclusive of any other applicable taxes and exclusive of packaging and shipping costs.

The Company reserves the right to change prices at any time.  The prices according to the price list of the Company valid at the time of the conclusion of the contract shall apply.

 

3 Payment

The Customer is obliged to pay the invoiced amount within 30 days of the invoice date. 

If the invoice is not paid within the aforementioned payment period, the customer will be warned. If the customer does not settle the invoice within the set reminder period, he will automatically be in default. 

If the Company also offers products for purchase, rent or other use via an online platform, it may also demand payment electronically as part of the ordering process (credit cards, Paypal or other payment systems). 

 

4. obligations of the company

 

4.1 Delivery / Delivery Dates

Delivery shall be made within the days specified at the time of purchase after receipt of the order. In the event that timely delivery is not possible, the Company shall inform the Customer within the working days specified at the time of purchase after receipt of the order and the new delivery date shall be communicated. 

 

4.2 Provision of Services

Unless otherwise agreed, the Company shall fulfil its obligation by providing the agreed service. If no other provisions are agreed, the place of performance shall be the registered office of the Company. 

 

5. obligations of the client

The Customer shall promptly make all arrangements necessary for the Company to provide the Services. The Customer shall make the arrangements at the agreed place at the agreed time and to the agreed extent. Depending on the circumstances, this may include the provision of appropriate information and documentation to the Company. 

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5.1 Withdrawal

Both parties have the right to withdraw from the contract at any time. The expenses already incurred shall be paid in full to the other party. Withdrawal at inopportune times is not permitted and any claims for damages remain reserved. 

 

5.2 Exchange

An exchange of products is generally excluded.

 

5.3 Withdrawal

The customer has the right to withdraw from the contract within five (5) days of sending the order in writing or implicitly by returning the products. In order to comply with the withdrawal period, it is sufficient to send the withdrawal or the product in due time. In the event of a revocation, the customer shall bear the costs of the return shipment. In the event of an effective revocation, the services received by both parties shall be refunded. The products must be returned in their original packaging, otherwise the Customer shall fully indemnify the Company for any damage caused by the opening of the packaging or damage to the product.

 

5.4 Warranty

The statutory warranty provisions shall apply.

The Company must be notified immediately of any defect. The Company shall be entitled to decide whether the defective product is to be repaired or replaced. Only if replacement or repair is not possible is the customer entitled to a reduction or refund of the purchase price. The claim for reimbursement of costs in the case of third-party repairs is excluded. During the time of repair, the customer shall not be entitled to a replacement product.

 

5.5 Liability

Liability for any direct and indirect damage and consequential damage is excluded in full.

This limitation of liability does not apply to direct damage caused by gross negligence or intent.

The client is obliged to report any damage to the company immediately. 

Any liability for auxiliary persons is excluded in its entirety.

 

5.6 Data protection

The Company may process and use the data recorded within the framework of the conclusion of the contract for the purpose of fulfilling the obligations arising from the contract. The Company shall take the measures necessary to secure the data in accordance with the statutory provisions. The Client fully agrees to the storage and contractual use of his data by the Company and is aware that the Company is obliged and entitled to disclose information from the Client to these or third parties by order of courts or authorities. If the Client has not expressly prohibited it, the Company may use the data for marketing purposes.

 

5.7 Changes

These General Terms and Conditions may be amended by the Company at any time. 

The new version shall come into force by publication on the Company's website.

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5.8 Priority

These GTC take precedence over all older provisions and contracts. Only provisions from individual contracts which still specify the provisions of these GTC shall take precedence over these GTC.

 

5.9 Severability clause

Should any provision of this contract or any annex thereto be or become invalid, this shall not affect the validity of the remainder of the contract. The contracting parties shall replace the invalid provision by a valid provision which comes as close as possible to the intended economic purpose of the invalid provision. The same shall apply to any loopholes in the contract.

 

6. Applicable Law / Place of Jurisdiction

These GTC are subject to Swiss law. Unless mandatory legal provisions prevail, the court at the registered office of the company shall have jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (SR 0.221.221.1) is explicitly excluded. 

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