General terms and conditions of sale

Oftamedic SA (hereinafter “Oftamedic”) delivers its products in Switzerland and Liechtenstein, subject to these general terms and conditions of sale. The client (hereinafter the “Client”) may not impose any other general terms and conditions or terms and condition of purchase unless they have obtained Oftamedic’s written consent to this effect.

1. Scope of application

These general terms and conditions of sale apply to all orders placed with and handled by Oftamedic. When the Client places an order, they hereby acknowledge these general terms and conditions of sale. Unless otherwise agreed, Oftamedic’s sales offers are non-binding and valid as long as the items have not been sold in the meantime.

2. Orders

Placing an order: Clients may place orders either in written form (on paper or electronically), by telephone, on Oftamedic’s web shop, or through Oftamedic’s sales representative. The order will only be final once it has been accepted by Oftamedic in the form of an order confirmation. Any errors that may appear on the order confirmation must be reported by the Client upon receipt of the latter. If the Client places an order via the web shop, they will receive a password from Oftamedic. The Client undertakes to change the password immediately upon receiving it, and to keep it confidential. If the password is lost or forgotten, the Client may at any time ask Oftamedic for a new one and request that electronic ordering be blocked. The Client should only disclose their identification number and/or password to persons authorised to place orders. The Client assumes liability for any misuse of their identification number and/or password.

3. Price

Price: Goods and services are invoiced at the prices in effect at the time of the order. Product catalogues in various forms (paper, electronic, etc.) may be published for information purposes; their content is not considered as binding. Prices exclude VAT and any other taxes. Prices are liable to change without notice and at any time.

Delivery costs: Delivery costs are not included in prices, and may be charged extra.

Cancellation: Order cancellations require written consent from Oftamedic. Any costs incurred in connection with the order cancellation are payable by the Client.

4. Delivery and consignment

Delivery: The products are delivered by transporters at the expense and risk of the Client. Delivery usually takes 1 to 2 working days. All orders placed can be delivered anywhere in Switzerland or Liechtenstein.

Partial deliveries: Oftamedic may make partial deliveries. In the unlikely event of a delay, the Client is asked to grant Oftamedic a reasonable period of time to make the delivery. The Client is entitled to claim for compensation for late delivery insofar as it may be proved that the delay was Oftamedic’s fault and the Client can prove that losses resulted from this. However such compensation may not exceed the loss that Oftamedic anticipated as a possible consequence of the delay when the order was confirmed. No compensation will be payable if the Client received a replacement delivery. No delay or loss of goods may be attributed to Oftamedic once the transport company has taken charge of the delivery.

Agreed destination: Delivery will be made to the address the Client specified in their personal account when placing the order. If the means of access or structure of the premises prevents delivery to the agreed destination, delivery shall be made as close to the destination as possible.

Reservation of ownership: Oftamedic remains owner of the goods until all of the client’s financial obligations (including the debit balances of current accounts) resulting from the business relationship, or resulting from simultaneous or subsequent contracts, have been met. If the Client fails to pay the amount due in full, Oftamedic is entitled, after a reasonable additional period, to terminate the contract and demand the return of the goods for which ownership is reserved.

Inspection of deliveries: The Client should inspect the goods and write, in the transporter’s presence, any specific, detailed and qualified reservations on the transporter’s delivery note, which should be duly dated and signed. Any reservations should be confirmed in writing no later than 3 working days after delivery.

5. Invoicing and payment

Invoicing: An invoice for all products delivered is sent with each order. Within ten days of receiving the invoice, the Client may raise reasoned written objections against it. If they fail to do so, the invoice is deemed to have been accepted.

Payment terms: Invoices are payable within thirty (30) days of the invoice date. If the Client does not respect the agreed payment terms, they are liable to pay interest of 5% as from expiry of the 30-day period. Oftamedic reserves the right to claim compensation for any other damages.

6. Returns

Defective products can be returned to Oftamedic subject to prior agreement. The period within which to file a complaint about a delivery is limited to two (2) days. Clients will receive products free from defects. Oftamedic does not accept items returned due to client order mistakes or storage problems. Goods delivered in error will only be refunded if they have remained intact and do not bear any marks or stickers affixed after delivery.

7. Warranty, liability

The warranty is valid for 24 (twenty-four) months unless other conditions have been agreed upon. The warranty period begins as soon as the goods leave Oftamedic’s warehouse. The warranty only applies to the attributes expressly guaranteed in the sales offer or order confirmation. Such guarantees are only valid up until expiry of the warranty.

The warranty expires prematurely if:

• the Client or third parties undertake to make any improper alterations
• it is not proven that a defect results from faulty material (e.g. poor maintenance, non-compliance with operating instructions, or excessive use)
• in the event of a defect, the Client does not immediately take appropriate measures to limit the damage or if the Client does not immediately and comprehensively inform Oftamedic thereof
• it is a consumable product.

If a defect is found that has no reason to be excluded from the warranty, the Client should contact Oftamedic by telephone or email in order to obtain consent before returning the goods.

The Client will return the defective item(s) suitably packaged, and at their own expense and risk.

8. Client’s obligations regarding maintenance, vigilance, and traceability

Maintenance: Medical devices must be used and maintained as per their operating instructions, and Oftamedic may not be held liable in the event that the Client fails to comply with this provision. 

System of vigilance: the Client agrees to:

• Immediately inform Oftamedic of any suspected or actual incident or any near-miss that casts doubt on the functioning of the medical devices supplied by Oftamedic
• Provide access to all information required to analyse and resolve said incident
• Follow Oftamedic’s guidelines for initial treatment as the case may be.

Patient traceability: the Client will implement any means necessary to ensure legal traceability of its customers and patients.                            

9. Delivery restrictions

Certain Oftamedic products can only be delivered to authorised persons, pursuant to the provisions that apply to the products in question. Oftamedic will check the existence of the relevant authorisation or request it from the competent authorities. The Client must inform Oftamedic immediately of any circumstances that could affect their authorisation.

Oftamedic is also entitled, at any time, to review the existence of this authorisation. Each Client is personally responsible for compliance with the conditions to which they are subject concerning delivery of the products they have ordered; Oftamedic accepts no liability in this regard.

10. Data protection

The processing of personal data can be found in the data protection declaration This is an integral part of the general terms and conditions of sale.https://en.oftamedic.com/privacy-policy

11. Modification of the general terms and conditions of sale

Oftamedic reserves the right to amend the general terms and conditions of sale at any time. Each order is subject to the version of the general terms and conditions of sale published at the time the order was confirmed.

12. Force majeure

In the event of force majeure (e.g. natural disasters, war, epidemics, pandemics, accidents) and similar circumstances which affect the activities of Oftamedic, its suppliers, or auxiliaries, and which make it impossible or considerably more difficult to ensure delivery, Oftamedic may cancel an order without being required to pay compensation.

13. General provisions

If any provision of these terms and conditions of sale are rendered invalid or unenforceable, the parties undertake to renegotiate said provision in good faith, and to replace it with a valid and enforceable provision that reflects the intent and purpose of the original provision as closely as possible.

These general terms and conditions of sale govern the entire relationship between the parties regarding sales. They will prevail over any statements, arrangements, discussions, or other communications between the parties, whether written or oral.

No changes, alterations, or modifications will be valid unless the parties have agreed otherwise in writing. Written agreement is mandatory to waive the requirement that changes, alterations, or modifications to be validated in writing.

Lastly, the parties undertake to keep strictly confidential any information on commercial, corporate and technical matters of which they have had or will have knowledge as regards the delivery, even once the contractual relationship has ended, and for as long as this information will not be publicly available

14. Applicable law and jurisdiction

This contract is governed by Swiss substantive law. The courts of Geneva will have sole jurisdiction in the event a dispute arises during fulfilment of this contract.

 

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