1. Validity of the terms and conditions
The deliveries, services and offers of Cefaly Switzerland c/o Neurolite AG and its online store are based exclusively on these general terms and conditions, even if they are not expressly agreed again. These terms and conditions are deemed to have been accepted when the goods or services are ordered. The customer's general terms and conditions of purchase are hereby rejected. Deviations from the general terms and conditions are only effective if they are confirmed in writing by Cefaly Schweiz c/o Neurolite AG.
2. Terms of delivery
Delivery is only made to delivery addresses within Switzerland and the Principality of Liechtenstein.
All dates and delivery periods are non-binding, unless expressly agreed otherwise in writing.
Visible differences in quantity must be reported in writing to Cefaly Switzerland c/o Neurolite AG immediately upon receipt of the goods and hidden differences in quantity within 5 days of receipt of the goods. Complaints regarding damage, delay, loss or poor packaging must be made immediately upon receipt of the consignment.
3. Transfer of risk
The risk shall pass to the customer as soon as the consignment has been handed over to the company carrying out the transportation.
Cefaly Switzerland c/o Neurolite AG or the manufacturer guarantees the freedom from defects and functionality of the device for 3 years after delivery.
If the operating instructions are not followed, changes are made, parts are replaced or consumables are used that do not comply with the original specifications, any warranty/guarantee is void if the defect is attributable to this. This also applies if the defect is due to improper use, storage and handling of the devices, or tampering or opening of devices.
Insignificant deviations from the warranted characteristics of the goods do not trigger any warranty or guarantee rights. Liability for normal wear and tear, as well as consumables/accessories/used batteries/used or installed rechargeable batteries is excluded.
In the event of a warranty or guarantee claim, the customer is entitled to rectification, replacement or conversion. Cefaly Switzerland c/o Neurolite AG is entitled to choose the type of defect rectification. If Cefaly Schweiz c/o Neurolite AG decides to cancel the contract, a credit note will be issued at the sales price at the time of the order. The warranty period is not interrupted by any warranty or guarantee claim, but continues to run.
The replacement of appliances does not result in any new warranty periods coming into force.
5. Returns/returns during the test phase
In all cases, the customer is responsible for packing the goods to be returned in a transportable manner and for bearing the costs of this and the transportation.
Cefaly Switzerland c/o Neurolite AG accepts no liability for damage/destruction of the goods due to improper packaging. If the customer hands over the goods to a transport company, the customer bears the risk for the safe transportation of the goods.
If the goods are returned during the test phase, the purchase price minus the lump sum for the test phase(s) will be refunded to the customer after receipt of the used device (in the case of advance payment) or the test phase(s) will be charged in the case of purchase on account. In any case, the delivery date is decisive for the calculation of the number of test phases to be invoiced. A processing fee of CHF 45 will be charged for devices that are returned in their original packaging and unused within 14 days of the date of purchase. Thereafter, at least one test phase will be charged regardless of whether the device has been used. The delivery date is also decisive for the calculation. Cefaly Switzerland c/o Neurolite AG may refuse to issue a credit note until it has received the goods back or the customer has provided proof that he has returned the goods, whichever is the earlier.
6. Payment / reminder and overdue fees
The invoice will be paid within 125 days. The payment methods available for selection are published in the online store. Cefaly Switzerland c/o Neurolite AG reserves the right, if necessary, to carry out a credit check in accordance with the data protection declaration, which may restrict the payment method. For the purpose of the credit check, your personal data will be forwarded to Inkasso Med AG / Intrum AG and may be stored there. A payment is only deemed to have been made when Cefaly Switzerland c/o Neurolite AG can dispose of the amount. If payment is not made within the above-mentioned period, the customer is in default of payment.
In the event of late payment, Cefaly Switzerland c/o Neurolite AG may reduce the customer's creditworthiness, restrict payment methods and withhold outstanding deliveries. In addition, the customer will receive a written reminder. Cefaly Switzerland c/o Neurolite AG charges the following reminder fees:
1st reminder CHF 5.
2nd reminder CHF 10.-
In the event of unsuccessful reminders, Cefaly Switzerland c/o Neurolite AG may assign the claim to Inkasso Med AG / Intrum AG. Inkasso Med AG / Intrum AG will claim the outstanding amounts in its own name and for its own account and may charge additional processing fees.
7. Postage / Small quantity surcharge
Device - free postage
Electrodes - postage CHF 5.-
Gel - postage CHF 12.-
Postage is not charged for orders of CHF 100.- or more.
8. Limitation of liability
Claims for damages arising from impossibility of performance, breach of contract, culpa in contrahendo and tort are excluded against Cefaly Switzerland c/o Neurolite AG, as well as against auxiliary persons and substitutes, except in cases of willful misconduct or gross negligence. No liability is accepted for consequential damage resulting from the use of the products.
9. Data protection
10. Place of jurisdiction
Belp is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. The legal relationship is subject to Swiss law.
11. Final provisions
Cefaly Switzerland c/o Neurolite AG reserves the right to amend the General Terms and Conditions at any time.
Should any provision of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions or the General Terms and Conditions as a whole. In place of the invalid provision, the relevant statutory provisions shall apply.