General Terms and Conditions AGB

1. general
1.1 These General Terms and Conditions (GTC) are binding if they are declared applicable in the offer or in the order confirmation. Any other terms and conditions of business or purchase of the customer shall only be valid if they have been expressly accepted in writing by MP Medical Partner AG.

2 Delivery and dispatch
2.1 The type of shipment, shipping route and packaging shall be determined by MP Medical Partner AG. MP Medical Partner AG is not responsible for the return of empties (cartons, plastic, etc.). No minimum order quantities or small quantity surcharges. Orders received by 16:00 will be processed and dispatched on the same day.

a) All orders with a value of CHF 250 or more are delivered postage-free throughout Switzerland (express deliveries or bulky goods excluded).

b) Small consignments with a value of goods of up to CHF 250 = actual shipping costs.

c) For express shipments requested by the customer, the corresponding additional costs will be charged.

2.2 Deliveries by MP Medical Partner AG are made daily (excluding statutory rest days and public holidays) from a warehouse in Switzerland by postal parcel. MP Medical Partner AG does not guarantee the availability of the ordered goods. Subject to availability in stock, delivery is usually made within a few working days of the order being placed. However, MP Medical Partner AG accepts no liability for delays in delivery. Partial deliveries are permitted. Each partial delivery is considered a separate purchase contract.

2.3 The delivery period shall be extended accordingly:

a) If obstacles occur which MP Medical Partner AG cannot avert despite exercising due care, irrespective of whether they occur at its premises, at the customer's premises or at the premises of a third party. Such hindrances include, but are not limited to, operational disruptions of any kind such as system failure, strike, fire, war, shortage of raw materials and events of force majeure, etc., which release us from the obligation to deliver on time for the duration of the resulting disruptions.

b) If the customer or third parties are in arrears with the services to be performed by them or are in default with the fulfillment of their contractual obligations, in particular if the customer does not comply with the terms of payment. 

2.4 Benefit and risk shall pass to the customer upon dispatch of the delivery ex warehouse of MP Medical Partner AG.

2.5 In the event of transport damage, the corresponding reservations must be made during unloading and MP Medical Partner AG must be informed of this damage immediately.

3. prices
3.1 The prices of MP Medical Partner AG products are subject to change at any time. Unless otherwise expressly agreed, the prices according to the price lists valid at the time of receipt of the order shall apply to the individual purchase contract. Prices are quoted net in CHF, ex warehouse MP Medical Partner AG. Value added tax is shown separately.

3.2 The prices published by MP Medical Partner AG in catalogs, brochures or on the Internet are for information purposes only and are not to be understood as binding offers.

3.3 If, during the processing of a long-term order, the price of the products sold increases, the new prices may be applied to the remaining quantities still to be purchased. In this case, the buyer is entitled to withdraw from the contract within one month of the announcement.

3.4 Dealer prices, access data and logins may not be passed on to third parties or competitors. Infringement may have consequences under criminal law.

4. resale
4.1 Resale of the products offered by MP Medical Partner AG via resale platforms such as Ebay, Amazon, Digitec/Galaxus, Ricardo etc. (non-exhaustive list) is not permitted without written permission. 

5. terms of payment
5.1 The payment period is 30 days from the invoice date. Prices are understood to be net purchase prices in CHF from the company's registered office plus VAT at the statutory rate. We reserve the right to make any changes to prices or conditions as well as technical product innovations. Any other terms and conditions of the purchaser shall only be valid if they have been acknowledged in writing by MP Medical Partner AG in advance.

5.2 The goods remain the property of MP Medical Partner AG until the invoice has been paid.

5.3 If payment is not made within 30 days of the due date, the customer shall be in default. In this case, MP Medical Partner AG reserves the right to charge the customer reminder fees in addition to the invoice amount. While no fees are charged for the payment reminder, the reminder fees are CHF 5.00 for the first reminder, CHF 10.00 for the second reminder and CHF 20.00 for the third reminder. The outstanding invoice amount (including default interest of 15% and reminder fees) can be handed over or sold for the purpose of collection. In addition to settling the invoice amount, the customer is also obliged to reimburse all costs incurred as a result of late payment.

6. selection consignments
6.1 We grant a 10-day right of return, provided that the goods meet the conditions set out in section 7, after which the goods will be automatically charged.

7 Warranty and product returns
7.1 The customer has no rights or claims for defects of any kind in deliveries or services other than those expressly stated in this clause 6 and in clause 7 (Liability).

7.2 The warranty period is 24 months. It begins with the departure of the deliveries from the place of dispatch. The warranty expires prematurely in the event of improper handling of the products by the customer or third parties.

a) The customer is obliged to inspect the products immediately upon receipt and to report any defects or damage in writing within 3 working days, stating the reasons. If this is not done, the deliveries and services shall be deemed to have been approved.

b) If there is a manufacturing defect or if unsuitable material has been used, we undertake to replace the goods as quickly as possible. Any further claim by the buyer, in particular for damages or termination of the contract, is excluded.

c) If the delivered products are defective, MP Medical Partner AG shall take the products back and immediately provide the customer with defect-free products.

7.3 Unsuitable or erroneously ordered standard items will be taken back subject to the following conditions:

a) Returns will only be accepted after prior consultation.

b) Returns will only be accepted if the return slip is enclosed.

c) Products must be unworn and without signs of use/odor or defects.

d) Products must be returned in undamaged original packaging including all package inserts.

7.4 Standard items will not be credited or only partially credited if the following conditions are observed:

a) Kone return possible with items that have been removed from our current range or whose design has been changed.

b) Ka withdrawal possible in the event of signs of use such as animal hair or other defects. This also includes contamination due to traces of odors such as cigarette smoke, skin/rheumatism etc.

c) 20% deduction for damaged, incomplete or labeled original packaging.

d) 20% deduction for products with removed product label/labels.

Note:
A flat-rate processing fee of CHF 50.00 will be charged for each return.