1 Scope of application and validity
The business relationship between Complemedis AG and its customers, in particular the purchasers of goods and products from Complemedis AG, is governed by these General Terms and Conditions (GTC) in the currently valid version. Complemedis AG expressly reserves the right to amend the GTC at any time. The currently valid version of the GTC can be viewed online at (www.complemedis.ch/agb). Ordering parties confirm that they have been informed of the currently valid GTC when placing an order.
2. orders
Complemedis AG is not obliged to accept orders. Insofar as Complemedis AG has accepted orders for execution, the ordering party recognises these GTC as part of the contract concluded between them and Complemedis AG, unless other agreements have been made, which must always be in writing.
3 Product range, prices and services
Complemedis AG reserves the right to change the product range, the sales prices and other contractual conditions, in particular the content and scope of the services offered by Complemedis AG, at any time. Unless otherwise agreed in writing, the conditions and prices valid at the time of the order shall apply. Unless otherwise stated, VAT, any other fiscal charges and shipping costs are not included in the prices published by Complemedis AG and will only be shown on the invoice.
4 Orders and conclusion of contract
The product and sales information published by Complemedis AG in the ordering programme (Compleware), on the Internet, in the catalogue, in the web shop or elsewhere, together with the prices stated therein, do not constitute a binding offer and are subject to change. An order can be placed by post, by telephone, by fax, by e-mail or via the Internet (Compleware ordering programme). Alternatively, an order confirmation by Complemedis AG or the delivery shall be deemed to be a declaration of acceptance. The ordering party must specify the place of purchase at the time of ordering. The therapists will generally provide information on the legally permissible places of purchase for therapeutic products, whereby those placing orders have the right to freely choose their preferred place of purchase from those permitted by law.
5 Delivery and special modalities for the delivery of therapeutic products
Complemedis AG fulfils orders as quickly as possible. The availability of herbal and other raw materials may cause delays in delivery in individual cases. Remedies are delivered to the ordering party by direct dispatch (by post), provided that the order is based on a medical prescription or if the order concerns a prescription or a remedy that can be assigned to dispensing category E. The delivery of therapeutic products to the ordering party is made to the practice of the prescribing doctor or the prescribing therapist, insofar as the latter is authorised under cantonal law to dispense the therapeutic product manufactured by Complemedis AG directly to the ordering patient. In all other cases, therapeutic products are delivered to a Complemedis partner pharmacy for the ordering party, from which the ordering party is obliged to collect the preparations/orders they have placed. The ordering party is responsible for providing the complete and correct delivery address. Additional costs incurred by Complemedis AG due to incorrectly communicated delivery addresses may be charged to the ordering party.
6 Obligation to deliver and collect
There is no contractual relationship between the ordering party and the dispensing centre (doctor, therapist, Complemedis partner pharmacy, see GTC, section 5, Delivery) with regard to the product/medicinal product ordered from Complemedis AG. The dispensing centre is obliged to hand over the Complemedis delivery to persons authorised to receive it (orderers or persons authorised by them to collect it), but this is exclusively based on the contractual internal relationship between it and Complemedis AG. Ordering parties are obliged to collect/receive the delivery ready for them at the collection point in good time, but this is exclusively based on the contractual relationship with Complemedis AG.
7 Invoicing and payment obligation
Complemedis AG will invoice the ordering party directly. Invoices are usually enclosed with the delivery. Invoices are payable by the ordering party directly to Complemedis AG within 30 days of the invoice date without deductions (discounts) of any kind. If payment is not received on time, Complemedis AG will charge CHF 20 on the second reminder.
8 Retention of title, benefit and risk
The products manufactured on behalf of the ordering party or otherwise delivered goods shall remain the property of Complemedis AG until the contract between the ordering party and Complemedis AG has been fully concluded. Once the products manufactured on behalf of the ordering party have been handed over to the Swiss Post or to a transport service commissioned by Complemedis AG or directly to the ordering party (self-collection), the benefit and risk of the goods are transferred to the ordering party. Complaints regarding defective deliveries and order fulfilment must be made in writing to Complemedis AG immediately, at the latest five working days after receipt of the delivery. Defective goods will be inspected by Complemedis AG and replaced if necessary.
9 Quality and right of return
Complemedis AG procures products and raw materials of the best possible quality available on the market. All products available from Complemedis AG are tested in Switzerland according to the strictest criteria for purity, safety and identity. A return by Complemedis AG within 14 days is possible for sealed packages with an intact seal and undamaged packaging. Postage costs for returns shall be borne by the ordering party.
10. data protection
Complemedis AG is obliged to protect the personal data received from the ordering party in the course of the business relationship, not to misuse it and in particular not to pass it on to third parties (duty of confidentiality), unless the ordering party has expressly consented to it being passed on, for example to the insurance company. Complemedis AG is entitled to collect, store and process the personal data received from the ordering party within the scope of the business relationship in order to fulfil its obligations arising from the ordering process and to use it for the purposes appropriate and necessary in the relevant medical environment. When handling such data, Complemedis AG is obliged to respect the relevant provisions of national and European law. By concluding a cooperation agreement, the persons responsible for the collection centres under contract with Complemedis AG undertake to do the same.
11 Disputes, applicable law and place of jurisdiction
In the event of disputes arising from contractual relationships between the ordering party and Complemedis AG, Swiss law shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is expressly excluded. The ordinary courts at the registered office of Complemedis AG shall have jurisdiction. Alternatively, Complemedis AG has the right to take legal action at the registered office of the party involved.
Complemedis AG
© Complemedis AG, General Terms and Conditions, Version February 2023
