1. Subject matter of the General Terms and Conditions

These General Terms and Conditions govern the contractual relationship between AcuMax Med AG (hereinafter referred to as “AcuMax ”) and the customer (trader, company, end user). Any deviating terms and conditions on the part of customers shall only apply with the written consent of AcuMax.

2. Offer and Order

The offer on www.acumax.ch is non-binding. By placing an order by telephone, fax, email or via the internet (online shop), the customer makes a binding offer to conclude a contract. The contract is concluded upon acceptance of this offer by AcuMax by telephone, fax, post, email or through delivery of the order. The price stated in the order confirmation or at the time of delivery shall apply. AcuMax ’s products are intended for customers based or resident in Switzerland. Overseas customers wishing to enter into a business relationship with AcuMax are requested to contact AcuMax. We reserve the right to make changes to the products presented on www.acumax.ch with regard to images, design, packaging or technical specifications.

3. Credit limit

The credit limits for individual retailers are set by AcuMax. Credit limits are reviewed on an ongoing basis and, where possible, adjusted in line with business volume.

4. Minimum order value

To cover costs, AcuMax reserves the right to introduce a minimum order value at any time. For orders with a net value of less than CHF 100, a minimum order surcharge of CHF 7.50 will be applied.

5. Shipping and Delivery Terms

Goods are dispatched at the customer’s risk and, as a rule, from stock. Packaging and delivery costs will be invoiced to the customer. All delivery dates stated by AcuMax are non-binding unless confirmed in writing. However, items available from stock are usually delivered within 24 hours. If the delivery date agreed in writing cannot be met, AcuMax is entitled to deliver within the following 30 days. The customer has no right of withdrawal. Unless otherwise stated on the order, AcuMax reserves the right to make either full or partial deliveries at its discretion. Claims for damages by the customer arising from delayed delivery are excluded to the extent permitted by law.

Delivery via Swiss Post or DPD

Orders with a value of CHF 400 or more are delivered free of charge within Switzerland and Liechtenstein. For orders with a value of less than CHF 400, delivery charges are calculated as follows:

With DPD, the delivery charge per parcel is CHF 11.--.

With Swiss Post, the A-Post delivery charges are CHF 14 per parcel.

All orders received by 2.00 pm will be dispatched on the same day, provided the goods are in stock.

Delivery by courier

Large deliveries (pallets) as well as treatment tables, medical equipment and similar items are delivered by a haulage contractor or via the AcuMax delivery service and are charged individually based on the cost and delivery address.

6. Prices and Terms of Payment

Our prices are quoted in Swiss francs (CHF). All prices are exclusive of VAT. The customer may choose between payment in advance or, in special cases, by invoice.
AcuMax reserves the right to change prices after the contract has been concluded if there is evidence that the cost factors relevant to pricing have changed.
In the event of special agreements that deviate from the standard terms of payment, in particular in the case of payment by instalments or individual payment arrangements, we reserve the right to charge a surcharge of up to CHF 50.– to cover the additional administrative costs incurred.

7. Retention of title

The goods supplied remain the property of AcuMax until all outstanding amounts have been paid in full. AcuMax is authorised to have a corresponding entry made in the relevant register.

8. Warranty and Liability

The customer’s warranty claims are limited to the scope of the warranty provided by the respective manufacturer to AcuMax. AcuMax accepts no guarantee or liability whatsoever for the fulfilment of the intended purpose of certain products or their functionality within the customer’s application. AcuMax accepts no liability whatsoever, to the extent permitted by law, for any direct or indirect damage or financial loss arising from defects or the improper handling of the product.

9. Returns

Exchanges are only possible in the event of incorrect delivery or manufacturing defects. The goods must be inspected immediately upon receipt. Any defects must be reported in writing within 5 working days. Before returning any goods, a return authorisation number (RMA number) must be obtained from AcuMax. The issue of an RMA number does not in any way constitute an acknowledgement of a defect or any other complaint made by the customer. The following are generally excluded from return:

• Products not purchased from AcuMax
• Products without original packaging
• damaged products
• incomplete products
• Promotions and discounted items (clearance stock)

Returns are at the customer’s expense and risk. Returns must be made within 5 working days of receipt of the goods. Goods returned after this period may be refused by AcuMax.

10. Security measures and product information

By ordering and purchasing products, the customer undertakes to ensure the proper storage and use of the products. The customer is obliged to take all necessary precautions with regard to themselves, patients and furniture. Special safety precautions apply, particularly when using moxa. The customer must ensure they are fully informed in this regard.

Should the product information for a medical device be provided in fewer than the three official languages of Switzerland, or should it be limited to German or English, by accepting the Terms and Conditions the customer confirms that they are a healthcare professional, possess the necessary professional and linguistic qualifications, and agree to these terms. Furthermore, the customer confirms that the protection of patients, users and third parties is guaranteed, and that the effective and performance-related use of the product is not compromised.

11. Data Protection

AcuMax complies with the provisions of Swiss data protection legislation when collecting, processing and using personal or company-related data. Personal data is collected and used solely for the purpose of fulfilling contractual obligations. This data will only be disclosed to third parties to the extent that this is absolutely necessary for the proper fulfilment of the contract. Furthermore, personal data is appropriately protected against access by unauthorised third parties.

12. Jurisdiction and applicable law

All obligations arising from the contractual relationship are governed by Swiss law. For all legal disputes arising from the contractual relationship, as well as concerning its formation and validity, the place of jurisdiction for both business customers and private individuals is Bad Zurzach.

13. Privacy Policy regarding the use of Google Analytics

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie regarding your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is enabled on this website, your IP address will be truncated by Google beforehand within Member States of the European Union or in other signatory states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. Google will use this information to evaluate your use of the website, to compile reports on website activity for the website operators, and to provide other services relating to website and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the data on Google’s behalf. The IP address transmitted by your browser as part of Google Analytics will not be merged with other data held by Google. You can prevent the installation of cookies by adjusting your browser settings accordingly; we would like to point out that, in this case, you may not be able to make full use of all the functions of this website. By using this website, you consent to the processing of data collected about you by Google in the manner and for the purposes set out above.

AcuMax Med AG, Promenadestrasse 6, 5330 Bad Zurzach, 1 January 2019