GENERAL TERMS AND CONDITIONS OF SALE
1.SCOPE OF APPLICATION
These General Terms and Conditions of Sale (GTC) define the rights and obligations of DEXOMED ("the Company") and its professional clients, including public hospitals, private clinics, social and medical establishments (EMS), and purchasing centers, in the context of the sale of medical consumables in Switzerland.
Any order placed with DEXOMED implies full acceptance of these GTCS, which prevail over any other document from the client, unless a written and signed agreement between the parties states otherwise.
2.PRODUCTS & INFORMATION
2.1. Product Description: The products offered for sale by DEXOMED are intended for professional use. The descriptions, characteristics, and illustrations of the products appearing in the Company's communication materials (website, catalogs, technical sheets) are provided for informational purposes only and cannot hold DEXOMED liable in case of modifications made by the manufacturers.
2.2. Product Availability: The Company strives to maintain sufficient stock of its products but does not guarantee their immediate availability. In the event of temporary or permanent unavailability of a product, the client will be informed as soon as possible. DEXOMED reserves the right to offer a substitute product or to cancel the relevant order.
3.ORDERS
3.1. Ordering Procedures: Orders must be placed in writing (email or via the DEXOMED online platform). Each order must specify the product references, the desired quantities, and the complete contact details of the client.
3.2. Acceptance of Orders: Orders only become final after written confirmation by DEXOMED. The Company reserves the right to refuse or limit an order in case of doubt about the customer's solvency or non-compliance with previous contractual obligations.
3.3. Modification and Cancellation: Any modification or cancellation of an order by the customer must be expressly accepted by DEXOMED. In case of unauthorized cancellation, management or compensation fees may be charged.
4.PRICES & PAYMENT TERMS
4.1. Price: Prices are indicated in Swiss francs (CHF) and are exclusive of taxes and delivery charges. DEXOMED reserves the right to change its prices at any time, with products being billed based on the rates in effect at the time of order confirmation.
4.2. Payment Terms: Unless otherwise agreed, invoices are payable within30 daysfrom their date of issue. Payment can be made by bank transfer or any other means agreed upon by the parties.
4.3. Late Payment: In case of late payment, penalties of5% per monthwill be applied. DEXOMED reserves the right to suspend or cancel ongoing orders and to require advance payment for future transactions.
5.DELIVERY & TRANSFER OF RISKS
5.1. Delivery Times: Delivery times are provided for informational purposes. The Company strives to meet the announced deadlines but cannot be held responsible for delays attributable to carriers, stock shortages, or force majeure.
5.2. Free Shipping: DEXOMED offers free shipping for any order and shipment amounting to500 CHF or more excluding taxes. For orders and shipments below this amount, shipping fees will apply and be indicated at the time of order confirmation.
5.3. Transfer of Risks: The transfer of risks to the customer occurs upon receipt of the goods by the customer. The customer is responsible for checking the condition of the products upon receipt and must immediately report any anomalies.
5.4. Complaints: Any complaint regarding a lack of conformity or a damaged product must be reported in writing within10 daysfollowing the receipt of the products. After this period, the products will be considered accepted without reservation.
6.WARRANTY & LIABILITY
6.1. Product Warranty: Products are covered by legal warranties and supplier warranties. The warranty only covers manufacturing defects and does not apply in cases of improper use, mishandling, or failure to comply with storage conditions.
6.2. Liability: DEXOMED cannot be held responsible for indirect damages related to the use of the products. The Company's liability is strictly limited to the replacement of defective products or the refund of their value.
7.RETURN OF PRODUCTS
7.1. Return Conditions: No product returns will be accepted without prior written agreement from DEXOMED. Products must be returned in perfect condition, in their original packaging, and accompanied by the return slip provided by the Company.
7.2. Return Fees: Return fees are the responsibility of the customer, except in cases of delivery errors attributable to DEXOMED or defective products.
8. Force Majeure: DEXOMED cannot be held responsible for partial or total non-performance of its obligations in the event of force majeure, including but not limited to strikes, natural disasters, pandemics, fires, or any other cause beyond its control.
9.CONFIDENTIALITY & DATA PROTECTION
9.1. Confidentiality: All information exchanged between DEXOMED and its clients is strictly confidential and will not be disclosed to third parties without prior agreement.
9.2. Data Protection: Personal data of clients is collected and processed in accordance with the applicable data protection legislation. The client has the right to access, rectify, and delete their data by sending a written request to DEXOMED.
10.APPLICABLE LAW & DISPUTE RESOLUTION
10.1. Applicable Law: These General Terms and Conditions are subject toSwiss law. Any questions regarding their interpretation or execution will be resolved according to the legislation in force in Switzerland.
10.2. Competent Jurisdiction: Any dispute will be brought before the competent court of the canton ofGeneva, unless there is a mandatory legal provision to the contrary.
11.AMENDMENT OF THE GTC
DEXOMED reserves the right to modify these GTC at any time. The new terms will apply to orders placed after their publication.