1. Subject matter of the contract
The General Terms and Conditions presented here govern the relationship between the company element medical Ltd (hereinafter referred to as “element”) and the buyer (hereinafter referred to as customer) of the products provided by element.
The customer’s order is placed by filling out the order form provided on the website of element and by clicking on the dialog box “Order confirmed”. In any case element has the right to refuse orders.
3. Contract finalization
The contract shall be finalized when the order is confirmed by element.
In principle, element is able to make deliveries to all national and international destinations. If for any reason it should not be possible to deliver the goods to a certain country, the customer will be notified. The orders are sent by Swiss post as “priority post”, by registered mail and insured. If certain articles should not be in stock, element will inform the customer about the estimated delivery date.
The prices published on the website of element are quoted in Swiss Francs and include shipping costs from a invoiced amount of CHF 75.-- on. Possible import fees charged by the country of destination are not indicated on the website of element and are to be determined and paid by the customer himself.
Switzerland: The sale prices include 8% VAT and are shown on the invoice.
Other countries: Prices are exclusive of value added tax and can be charged according to the import regulations of the customs authority of your country.
6. Payment terms
Payment shall be made directly to the postal account of element by credit card or advance payment. The customer can decide for himself which mode of payment he prefers.
7. Right of return
Should the customer not be satisfied with the goods provided by element, they shall be entitled to send the goods back to element without giving reasons and will be refunded the purchase price (without shipping costs). The customer is to declare the declaration of intent to return the goods within ten days after their delivery. The return shall only be accepted if the products are undamaged. The costs for the return are at the charge of the customer and will not be refunded.
If the goods provided by element contain a defect within 12 months of the delivery that is not due to natural or improper handling, element will replace the defective product for free. Any additional warranty or guarantee claims issued by the customer shall be excluded.
Advice for use:
The instruction manual regarding the use and handling of the products are binding. element shall not assume any liability for problems or damages arising from non-compliance with the instruction manual. The products provided by element are not toys for children.
The company element shall not assume any liability arising from damages which have not occurred to the product itself.
10. Severability clause
If any provision of the present General Terms and Conditions is held to be unenforceable, the enforceability of all remaining provisions shall not be affected thereby.
11. Applicable law and jurisdiction
The sales contract finalized between the customer and element, including the present General Terms and Conditions, is subject to Swiss law with the exception of the U.N. Convention on Contracts for the International Sale of Goods (CISG).
For any disputes arising from or in connection with the sales contract, the exclusive jurisdiction shall lie with the courts of CH-Biel/Bienne.