1. General
1.1 These General Terms and Conditions of Sale and Delivery (GTC) apply to the company medical esthetic GmbH, Chli Ebnet 3, 6403 Küssnacht am Rigi.
1.2 Deviating general terms and conditions of the buyer shall only apply if medical esthetic GmbH has agreed to them in writing.
2. Offers and Contracts
If offers from medical esthetic GmbH do not specify a validity period, they are non-binding and only become legally binding through written confirmation of the order by medical esthetic GmbH to the buyer or upon delivery of the goods.
3. Prices
Delivery is made at the prices listed in the valid price list at the time of purchase. All prices are stated in Swiss Francs (CHF) and are subject to the applicable VAT, which must be borne by the buyer.
4. Payment and Offsetting
4.1 Goods deliveries must be paid no later than the due date stated on the invoice, within 30 days from the invoice date, without any deductions.
4.2 In the event of late payment by the buyer, medical esthetic GmbH is entitled to charge interest at the usual bank rates for overdraft credit, but at least interest of 8% per annum. Any collection costs shall be borne by the defaulting buyer.
5. Delivery, Shipping, and Acceptance
5.1 Delivery of goods is carried out by shipping or personal delivery to the customer. Shipping costs for express and special urgent deliveries may be charged as a flat-rate fee.
5.2 Events of force majeure entitle medical esthetic GmbH to postpone delivery for the duration of the disruption or to withdraw from the contract in whole or in part, without any claims arising against medical esthetic GmbH. Force majeure includes all circumstances that temporarily make performance impossible or excessively difficult, such as strikes, mobilization, war, war-like conditions, blockades, export bans, traffic restrictions, government measures, energy and raw material shortages, and weather disasters.
5.3 Partial deliveries are permitted.
6. Retention of Title
6.1 All delivered goods remain the property of medical esthetic GmbH until full payment has been received. The seller is entitled to register the retention of title in accordance with Article 715 of the Swiss Civil Code (ZGB) in the retention of title register at the buyer’s place of business.
7. Complaints and Warranty
7.1 The scope of the warranty is determined by the applicable product specifications, including the specified shelf life where applicable.
7.2 The buyer is obliged to inspect the delivered goods immediately upon receipt. Defects must be reported in writing within 14 days of receipt of the goods. Hidden defects must be reported immediately upon discovery, stating the order date, invoice numbers, and, if possible, including a defective sample.
7.3 If a complaint is justified, we will provide warranty services exclusively by repairing the defective goods or replacing them with new ones at our discretion.
7.4 Any warranty is excluded for goods that do not comply with the technical specifications and application instructions set by us or the manufacturer, that have been altered in any way, or that have been repaired by unauthorized persons. Improper handling also voids the warranty.
7.5 Sterile products that have been opened by mistake cannot be returned.
8. Liability
8.1 Claims for direct or indirect damages against medical esthetic GmbH, its employees, or agents—regardless of the legal basis—are excluded.
8.2 In the event of delayed delivery, the buyer remains obliged to accept the goods, subject to the conditions specified in section 5.3.
8.3 In accordance with section 7.4, any liability for damages is excluded if it cannot be ruled out that the damage resulted from the specified circumstances.
9. Returns and Warranty
9.1 Delivered goods may not be returned or exchanged without prior approval from medical esthetic GmbH. Approved returns will be credited at the sale price. Products in sterile packaging and goods delivered more than three months ago cannot be returned or exchanged. All returns are at the buyer’s expense and risk.
9.2 medical esthetic GmbH provides a 24-month warranty from the delivery date for any material and construction defects in delivered equipment. The warranty includes the repair or replacement of defective parts. The warranty does not cover parts subject to normal wear and tear.
10. Applicable Law and Jurisdiction
10.1 The place of fulfillment for delivery and payment and the exclusive place of jurisdiction for both contracting parties is Küssnacht am Rigi (SZ). Customers with a registered office or residence outside Switzerland recognize the competent debt collection office in Küssnacht am Rigi as the place of debt enforcement for all claims arising from their contracts with medical esthetic GmbH.
10.2 Swiss law shall apply exclusively.
In effect since: 01.01.2023
