General Terms and Conditions
Version effective as of January 17, 2021
1 General Aspects
1.1 Altamira Medica AG (c/o Otolanum AG, Bahnhofstrasse 21, 6300 Zug, Switzerland, registered in the Commercial Register of the Canton Zug under No. CHE-437.410.127) (hereinafter “Altamira Medica”, “we”, “us”, “Seller”) is the operator of the website www.bentrio.com as well as the online store at https://www.bentrio.com/shop/.
1.2 These General Terms and Conditions (“GTC”) govern the purchase of products of Altamira Medica (hereinafter “Product” or “Products”) by its customers (hereinafter “Customer”) (Seller and Customer hereinafter collectively the “Parties”) through Altamira Medica’s online store at https://www.bentrio.com/shop/. By using this website and our online store, you accept these GTC. These GTC does not apply to the purchase of Products available for purchase through our external business partners, such as through the external pharmacy links under https://www.bentrio.com/shop/.
1.3 Please note that we may revise these GTC at any time without further notice. The current version of the GTC published on this website shall apply.
2 Product Orders
2.1 Product Orders shall be placed directly in our online store. The Customer’s purchase orders shall become binding for the Seller upon electronic order confirmation from the Seller. The order confir-mation shall be sent to Customer via e-mail and shall contain a unique order reference number.
2.2 Upon placement of the Customer’s first purchase order, the Seller may review the Customer’s creditworthiness.
2.3 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
3 Condition of Products, Application Advice, Use
3.1 The condition of Products is to be assessed solely based on the conditions described by the Seller by means of product descrip-tions, specifications and labels. Public statements, promotions and advertisements shall not be considered to provide information on the condition of a Product.
3.2 The Seller provides its application advice in writing to the best of its knowledge. The application use falls beyond the Seller’s scope of control and is therefore solely the Customer’s responsibil-ity.
4 Product Prices, Shipping Fees, Delivery of Products
4.1 The Product prices listed in our online store at the time of the order shall apply. All Product prices stated are final prices, including the applicable statutory value added tax. Shipping fees will be added to the indicated Product prices. Product prices and shipping fees are subject to change without further notice.
4.2 Seller shall deliver the ordered Product(s) within the indicated shipping time after the order confirmation. An overview of our ship-ping times and fees can be found in our Shipping and Returns Poli-cy.
4.3 In exceptional cases, the shipment may be delayed (such as the Product is not in stock, the Product manufacturer is unable to deliver or other operational disruptions, traffic or shipping disturb-ances). In such cases, Seller will notify Customer of the Product availability and extended delivery time.
4.4 Seller reserves the right to execute the Product order in partial deliveries.
5.1 Payments for Product purchases shall be made by credit card or by PayPal.
5.2 If the Customer chooses to pay by credit card, the Customer must submit his or her credit card details (name of card holder, card number, card expiry date, card security code) at the time of placing the order. After proof of the Customer’s legitimation as a legitimate card holder, Seller will request the credit card company to initiate the payment transaction immediately after the placement of the order. The payment transaction is automatically carried out by the credit card company and the Customer’s credit card is charged.
5.3 In case of payment via PayPal, the Customer will be redi-rected to the website of the payment provider PayPal after placing the order. In order to be able to pay the invoice via PayPal, the Customer must be registered with PayPal or must first register, legitimize himself or herself with his or her access data and confirm the payment instruction to Seller. The payment transaction is auto-matically carried out by PayPal immediately after the Customer’s confirmation.
6 Retention of Ownership
The Product(s) remain the property of Seller until the full payment has been made by the Customer.
7 Warranty, Returns, Liability
7.1 The Seller shall deliver the Product(s) in accordance with the applicable standards and these GTC.
7.2 Upon receiving the Product(s), the Customer is obliged to immediately check the delivery for any incompleteness, incorrect-ness or defects.
7.3 Complaints due to incomplete or incorrect deliveries or obvi-ous defects must be reported immediately in writing at email@example.com, at the latest within fourteen (14) days following the receipt of the Product(s), and in case of hidden defects, immedi-ately after discovery of the defect, and sent back to Seller in accord-ance with our Shipping and Returns Policy, or else the delivery shall be considered accepted. The costs of returning the defective Prod-uct(s) to the Seller and the costs of replacement are borne by the Seller.
7.4 Product(s) may be returned in accordance with our Shipping and Returns Policy with a return label that we will provide to you, after we have approved the eligibility of the return. Products that are eligible for returns have to be returned in perfect and unused condi-tion and in the original packaging within 14 days after the return label has been issued.
7.5 No replacements shall be provided under any circumstances for a) Products designated as samples; b) damaged, broken or opened packaging, provided this is not a delivery error.
7.6 Products that have been recalled for reasons of medical device safety shall be reimbursed at the purchase price, provided the return is made in accordance with this section and our Shipping and Returns Policy, within one (1) month after the notification of the Product recall.
7.7 With the exception of mandatory liability cases (e.g. product liability, gross negligence of Seller), Seller excludes all liability in full.
8 Data Protection
9 Governing Law and Jurisdiction
9.1 The rights and obligations of the Parties arising from or in connection with these GTC shall be subject to and interpreted under Swiss law, disregarding its conflict of law provisions.
9.2 The Parties agree that they shall first attempt an amicable resolution, through discussion and negotiation, of all disputes arising from or in connection with these GTC. Any disputes that cannot be amicably resolved shall fall under the exclusive jurisdiction of the competent courts of the city of Zug, Switzerland. The Seller shall also be entitled to assert its claims at the Customer’s general place of jurisdiction.
10 Contact Information
10.1 The Customer may report complaints, incidents, side effects, adverse events and any similar occurrences related to the use of the Product via e-mail at firstname.lastname@example.org).
10.2 Any questions on these GTC may be sent to email@example.com.