For the delivery of products and the provision of services
1. General, scope of application
The present General Terms and Conditions (GTC) are valid for all our business relations, especially for ordering or delivery of products and provision of services. Viocap AG does not recognize deviating general terms and conditions, unless Viocap AG has expressly agreed to them in writing.
2. Conclusion of contract (Online-Shop)
The product range offered in the online store is a non-binding presentation. It does not represent an offer to conclude a sales contract with Viocap AG. If a customer orders online, he makes an offer for the conclusion of a sales contract with Viocap AG; the same applies to orders transmitted by telephone or in writing.
The sales contract between the customer and Viocap AG is only concluded when Viocap AG accepts the customer’s order by sending the ordered goods to the customer or by issuing an invoice or by an explicit declaration of acceptance.
3. Terms of payment, prices
The prices of our offers are shown in Swiss Francs (CHF) and include the legally required value added tax of Switzerland. Shipping costs are not included in the indicated prices. For deliveries abroad, additional customs duties, taxes and fees may apply. Errors and price changes are reserved.
It is possible to pay in cash, by Paypal or debit or credit cards. As a rule, advance payment is required, especially for new and private customers. Dermatologists and cosmetic institutes receive the ordered goods on account with 30 days payment term.
After the expiration of the payment period, the customer falls into arrears without further reminder. In this case Viocap AG is entitled to charge a customary interest on arrears in addition to reminder fees.
4. Reservation of proprietary rights
Until the complete payment the goods remain in the property of Viocap AG.
5. delivery, dispatch, risk
The dispatch of the ordered products takes place by postal delivery or courier service. Information on delivery times are indicative and therefore not binding. The products have to be checked for correctness, completeness and intactness immediately after arrival. The risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer upon handover to a suitable transport person or to the customer himself or to a person designated by the customer.
6 Warranty for material defects
Wrong deliveries or defective deliveries are to be reported to Viocap AG in writing immediately, at the latest within five days after receipt of the goods, and are to be returned within 14 days.
Obvious defects are to be reported to Viocap AG immediately, at the latest within five days after receipt of the goods. Hidden defects, which appear later, are to be reported to Viocap AG immediately, at the latest within five days after their discovery and in any case before the expiry of the declared expiry date of the goods. The claims for warranty because of defects of the goods become statute-barred two years after their delivery to the buyer.
Viocap AG reserves the right, at its own discretion, to either remedy defects eligible for warranty free of charge or to deliver a replacement of equal value. Viocap AG is also entitled to withdraw from the purchase contract and to refund the purchase price in case of justified warranty claims. Alternatively Viocap AG can recognize on reduction and refund only the reduced value of the commodity.
7. No right of return
For hygienic reasons, exchange and return of our products (e.g. of goods ordered by mistake or goods subsequently no longer desired) are generally not possible.
8 Liability for product deliveries
The liability of Viocap AG is limited to gross negligence and intentional acts. Viocap AG is not liable under any circumstances for damages that did not occur to the delivered item itself; in particular Viocap AG is not liable for indirect damages, loss of profit or other financial losses of the purchaser or third parties. Furthermore, any compensation for missing or delayed delivery is excluded.
9. Duty of care
All products are to be used in strict compliance with the instructions, precautions and guidelines applicable to them. Viocap AG declines any liability in case of lack of compatibility or lack of success.
10. Data protection
All personal data will be treated confidentially and will only be passed on to other companies for order processing. Viocap AG is entitled to transfer the personal data to third parties for the purpose of credit checks and credit monitoring.
11 Place of jurisdiction, applicable law
Swiss law is applicable. Competent are the ordinary courts at the domicile of Viocap AG.