OPED Group

General Terms and Conditions (GTC)

1. Scope of application
These GTC are an integral part of all offers and contracts for the delivery of goods and the provision of services by OPED AG with companies as well as with consumers (hereinafter referred to as the customer) and also apply to online trading.
The terms and conditions apply to all current and future business relationships. Deviating, conflicting or supplementary terms and conditions of customers shall not become part of the contract, even if they are known, unless OPED AG has agreed to them in writing.

2. Conclusion of contract
Our offers are subject to change. We reserve the right to make technical changes as well as changes in shape, color and/or weight within reasonable limits. By ordering goods, the customer makes a binding declaration that he wishes to purchase the ordered goods. OPED AG is entitled to accept the contractual offer contained in the order within two weeks of receipt. Acceptance can be declared either in writing, by e-mail or by delivery of the goods to the customer.

3. description of services
The characteristics specified in the descriptions define the properties of the delivery item comprehensively and conclusively. Unless otherwise stated, the prices refer to the items shown in the description, but not to the contents, accessories and decoration. OPED AG is entitled to deliver goods of equivalent quality and price instead of the ordered goods.

4. price/shipping costs, payment modalities
The prices quoted include the statutory value added tax. For each delivery within Switzerland, a packaging and shipping fee of CHF 9.00 will be charged; for deliveries to other countries, the actual costs will be charged. For orders over a total value of CHF 100.00, OPED AG bears the costs for packaging and shipping for deliveries within Switzerland. Delivery is usually made on account. The invoice amount is due for payment without any deductions within 30 days. After expiry of the payment period, the customer shall be in default without further reminder and default interest of 5% (five percent) per year shall be owed. OPED AG may demand payment in advance. The customer agrees to receive invoices, credit notes and reminders in electronic or paper form.

5. delivery time/dispatch
OPED AG shall endeavor to deliver the object of purchase as quickly as possible. Delivery times are not binding. The customer will be informed in the event of longer delivery times. Partial deliveries are permissible within the scope of reasonableness. OPED AG shall bear any resulting additional costs for shipping and packaging. The goods shall be delivered from the registered office of OPED AG. The risk shall pass to the customer as soon as the delivery has been handed over to the company or person commissioned with the shipment. The price includes delivery to the front door on the first floor, but does not include transportation to the customer's home, unpacking, installation or assembly. If acceptance is refused, the customer shall be liable for all costs. OPED AG is entitled to withdraw from the contract and may withhold further deliveries from other sales transactions.

5a. Returns
Your satisfaction is our top priority. If you do not like your order or it does not fit, you can of course return it to us within 14 days. Please enclose the delivery bill with the return shipment. You will have to pay the shipping costs yourself. Be sure to keep the proof of delivery (postal receipt). This document proves the return date and the receipt number of your return. The right of return does not apply to contracts for the delivery of goods that are not suitable for return due to their nature (e.g. ointments or creams).

5b.Condition of goods on return
We will gladly take back your order if you are not satisfied with it. Please note, however, that the goods must be in a condition that corresponds to normal use for testing the goods (as with a fitting in a store). In addition, the goods must be in their original packaging and have the original label. All returns that are damaged or obviously used (stains, odor, signs of wear) or can no longer be sold will not be accepted. They will be sent back to the customer and invoiced.

6. Retention of title
The delivery item shall remain the property of OPED AG until full payment has been made. In the event of default of payment, the customer is obliged to surrender the goods subject to retention of title. If the reserved goods are sold by the customer, the customer shall assign the claims arising from the resale with all ancillary rights to OPED AG, which hereby accepts the assignment.

7. Warranty rights
In the event of timely and justified notification of defects, OPED AG may, at its discretion, remedy the defect or deliver a defect-free item.
OPED AG assumes no warranty for the existence of the respective clinical picture through the delivery of the goods, nor for the healing success of the aid or its accuracy of fit.

8. notice of defects
The customer is obliged to inspect the object of purchase immediately after delivery and to report defects in writing within 7 calendar days of discovering the defect. The defects must be described in as much detail as possible for the customer.

9. exclusion of liability
OPED AG shall only be liable in cases of intent or gross negligence as well as fraudulent concealment of defects. Any further legal and material warranty is excluded to the extent permitted by law. Also excluded from liability are damages resulting from improper use, careless and improper handling, disregard of the recommendations for use, natural wear and tear and ageing of the material, excessive strain, improper use of aids and other reasons for which OPED AG is not responsible.

10. Rental contracts
The GTC also apply accordingly to rental contracts.
The customer is liable for damage, in particular for damage caused by improper use. The customer must report defects and damage to the rental property immediately. The rental period begins upon receipt of the rental object and is limited in time according to the information in the catalog or according to the medical prescription. The rental period therefore ends without the need for termination. At the end of the rental period, the rental items must be returned to OPED AG. If the customer is in default with the return, OPED AG shall be entitled to demand compensation corresponding to the agreed rent for the duration of the withholding. Any tacit extension of the rental relationship is hereby rejected.

11. data protection
The customer agrees to the storage, processing and forwarding of personal data insofar as this is necessary for the support and/or proper execution of the order. OPED AG processes the customer's personal data in accordance with the Swiss Data Protection Act (DSG) and the associated decrees.

12. Place of performance/choice of law/jurisdiction
The place of performance for the customer's payments is the registered office of OPED AG.

Swiss law shall apply; the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (UN Sales Convention) shall be excluded.

The place of jurisdiction for any disputes is Zug/Switzerland.

13. Final provisions
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

 

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