Terms and Conditions
General terms and conditions with customer information
Wellmedica Practice & Academy
Claridenstrasse 8, 8810 Horgen, Switzerland
Table of contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Applicable law
10. Place of jurisdiction
11. Code of Conduct
12. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Wellmedica Praxis & Academy (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.
2.2 The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full . If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., by email, fax, or letter) after the order has been sent. The Seller will not make the contract text available beyond this time.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the order process.
2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the product description of Wellmedica Praxis & Academy, the prices quoted are total prices and include statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2 The payment option(s) will be communicated to the customer in the Wellmedica Praxis & Academy online shop.
4.3 If a payment method offered via the "PayPal" payment service is selected, payment will be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If Wellmedica Praxis & Academy also offers payment methods via PayPal for which the seller makes advance payments to the customer (e.g., purchase on account or payment by installments), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal will conduct a credit check using the transmitted customer data. Wellmedica Praxis & Academy reserves the right to refuse the selected payment method to the customer in the event of a negative check result. If the selected payment method is accepted, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer can only make payments to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, Wellmedica Praxis & Academy remains responsible for general customer inquiries, e.g., regarding goods, delivery times, shipping, returns, complaints, declarations of revocation and reshipments, or credit notes.
4.4 If you select a payment method offered via the "Stripe" payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe will be communicated to the customer in the Wellmedica Praxis & Academy online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information about Stripe can be found online at https://stripe.com/de .
4.5 If you select the payment method by credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method if the credit check is negative.
4.6 If you select a payment method offered via the "Klarna" payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here: https://www.klarna.com/ch/
5) Delivery and shipping conditions
5.1 If Wellmedica Praxis & Academy offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided by Wellmedica Praxis & Academy during order processing is decisive for the processing of the transaction. Exception: If PayPal is selected as the payment method, the delivery address provided by the customer to PayPal at the time of payment is decisive.
5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by Wellmedica Praxis & Academy as a result. This does not apply to shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in Wellmedica Praxis & Academy's cancellation policy apply to return shipping costs.
5.3 If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as Wellmedica Praxis & Academy has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as Wellmedica Praxis & Academy has delivered the item to the freight forwarder, carrier, or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier, or other person or institution designated to carry out the shipment and Wellmedica Praxis & Academy has not previously named this person or institution to the customer.
5.4 Wellmedica Praxis & Academy reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not the responsibility of Wellmedica Praxis & Academy and the latter has concluded a specific hedging transaction with the supplier with due diligence. Wellmedica Praxis & Academy will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.5 Self-collection is not possible for logistical reasons.
6) Retention of title
6.1 The Seller reserves title to the delivered goods until full payment of the purchase price owed by the Consumer.
6.2 The Seller reserves title to the delivered goods until all claims arising from an ongoing business relationship have been settled in full.
6.3 If the customer acts as an entrepreneur, the following applies:
In the event of processing of the delivered goods, the seller is deemed the manufacturer and acquires ownership of the newly created goods. If the processing takes place together with other materials, the seller acquires ownership in the ratio of the invoice value of its goods to that of the other materials. If, in the event of the seller's goods being combined or mixed with a customer's item, the latter is deemed to be the main item, co-ownership of the item shall pass to the seller in the ratio of the invoice value of the seller's goods to the invoice value, or in the absence of such, to the market value of the main item. In these cases, the customer shall be deemed the custodian.
The customer may neither pledge nor assign as security items subject to retention of title or retention of title. The customer is only entitled to resell the reserved goods in the ordinary course of business. The customer assigns all resulting claims against third parties to the seller in advance, in the amount of the respective invoice value (including sales tax).
This assignment applies regardless of whether the reserved goods have been resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller's authority to collect the claims itself remains unaffected. However, the seller will not collect the claims as long as the customer fulfills its payment obligations to the seller, does not default on payment, and no application for the opening of insolvency proceedings has been filed.
The customer must immediately notify the seller of any access to the goods owned or co-owned by the seller or to the assigned claims. The customer must immediately remit to the seller any amounts assigned to the seller and collected by the customer, to the extent the seller's claim is due.
If the value of the Seller's security rights exceeds the amount of the secured claims by more than 10%, the Seller will release a corresponding portion of the security rights at the Customer's request.
7) Liability for defects (warranty)
Unless otherwise stated in the following provisions, the statutory liability for defects shall apply. The following applies to contracts for the delivery of goods:
7.1 If the customer acts as an entrepreneur,
• the seller has the choice of the type of subsequent performance;
• For new goods, the limitation period for defects is one year from delivery of the goods;
• in the case of used goods, rights and claims due to defects are excluded;
• the limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.
7.2 The limitations of liability and shortening of deadlines set out above shall not apply
• for claims for damages and reimbursement of expenses by the customer,
• in the event that Wellmedica Praxis & Academy has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for any existing obligation of Wellmedica Praxis & Academy to provide updates for digital products in the case of contracts for the delivery of goods with digital elements.
7.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.
7.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he or she is subject to the commercial duty of inspection and notification of defects pursuant to Section 377 of the HGB. If the customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.
7.5 If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify Wellmedica Praxis & Academy of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.
8) Liability
Wellmedica Praxis & Academy is liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:
8.1 Wellmedica Praxis & Academy is liable without limitation for any legal reason
• in case of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• based on a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.
8.2 If Wellmedica Praxis & Academy negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages under the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on Wellmedica Praxis & Academy according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the customer can regularly rely.
8.3 Otherwise, Wellmedica Praxis & Academy shall not be liable.
8.4 The above liability provisions also apply with regard to the liability of Wellmedica Praxis & Academy for its vicarious agents and legal representatives.
9) Applicable law
All legal relationships between the parties shall be governed by Swiss law, excluding the laws governing the international sale of movable goods.
In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
10) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in Switzerland, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
If the customer is based outside of Switzerland, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity.
In the above cases, however, the Seller is entitled in any case to bring the dispute before the court at the Customer’s registered office.
Competent court: District Court of Horgen, Switzerland.
11) Code of Conduct
The seller has submitted to the terms and conditions of participation for the eCommerce initiative “Fairness in Trade,” which are available online at https://www.fairness-im-handel.de/teilnahmebedingungen/ .
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.