1.1 Relevant Entity and References
These general terms and conditions (“general terms”) are used by the healthcare division of KGS Diamond Group SA (“KGS”).
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In the general terms, the terms “we”, “us” or “our” refer to KGS or affiliated entities that sell a product or service to you through the website.
The terms “you” or “your” refer to the customer purchasing a product from us.
These general terms and conditions of sale apply to all offers and agreements made or concluded on the website www.kgs-healthcare.ch (“website”) and its extensions between KGS and a customer (“Customer”, “you”).
These general terms apply whenever you buy a product or service on the website. The applicability of any other terms and conditions is excluded. This means that the Customer’s (standard) terms and conditions of purchase shall not apply, irrespective of their nature and of ‘without limitation’-terms. Standard terms and conditions that are mentioned in the Customer’s order request, e-mail, or comments, as well as standard terms and conditions placed on any documents received from Customer by KGS, have no contractual effect. Any deviation from these general terms is only valid if made in writing by KGS.
For certain products or services KGS may use specific terms and conditions that deviate from these general terms and conditions. In that case, those specific terms and conditions will apply.
2. Prices & Marketing Communications
The prices in our website include statutory Value Added Tax (VAT) and are either in Euro or in Swiss Francs. The shipping cost is not included in the price unless this is clearly stated on the product page.
We may at times feature our products or services in special offers, advertisements, external websites or other communications. Even though we prepare the content of our communications with care, it is possible that the price or other information related to the product or service does not or does no longer reflect the price or information given on the website. The price on the moment of purchase in the currency shown (EUR or CHF), given by the checkout system in the website, is the applicable price.
3. Retention of Title
KGS retains the ownership of all goods delivered until all fees associated with the purchase of the goods have been paid and received. This means that all products remain our property until you have paid all fees for the purchase of the product, particularly including the purchase price and transport costs.
After placing your order, you will see a confirmation web page and you will receive an e-mail to confirm that we have received your order (“Order Confirmation”). Here you can see the details of your order. We ask you to please verify that the order is correct. If any mistakes were made, please contact us through the e-mail address or phone number provided on the ‘contact’ section on the website, keeping your details such as order number at hand.
All orders are subject to acceptance by us. We confirm our acceptance by sending you an e-mail confirming that all, or some of, the products ordered by you are being dispatched (“shipping confirmation”). Only once we have sent the shipping confirmation for the relevant products does a binding agreement enter into force, and only for those specific products.
While we hope to be able to deliver all products that you have ordered, we reserve the right to, at our discretion and without the need to provide reasons, not to accept your order at any time before the goods have been dispatched. We will notify you as soon as reasonably possible should we have refused your order.
When buying products via our website, you can pre-pay when placing your order by any method of payment accepted by us on the website, notably including PayPal and Stripe. We may in specific cases, without the need to give reasons, decide not to offer certain methods of payment that may or may not otherwise be available, such as payment by invoice, to particular customers or for particular order amounts. We will contact you if there are any problems with the payment or card details provided during the order process.
The price payable is the price indicated on the website at the moment you place your order, unless otherwise indicated in these general terms.
If payment by invoice is available and you choose this option, you can pay the invoice within 30 days from the moment you have received the shipping confirmation. If payment is not made on time, you are in default. We will then send you a reminder, but we also have the right to charge you up to 5% interest per month that you are in default and charge late payment fees as compensation for costs incurred to claim the amount due to us. We may decide to charge or forego the mentioned interest and/or late payment fees at our sole discretion. If payment is not made after receiving a reminder, we are allowed to assign our claim to a collection agency that may charge its own additional processing fees. The claim will then only be considered settled if you pay all outstanding amounts to the collection agency directly.
Even though we take care to ensure that all prices and information on the website are accurate, errors may occur. If we discover an error in the price or information of a product you have ordered, we will inform you of this fact as soon as reasonably possible. You may re-confirm the order with the amended and correct price or information, or you may cancel your order.
Should we be unable to reach you regarding the error using the contact details you provided, we will treat your order as cancelled and notify you by e-mail.
You will pay the delivery fees either during the payment process on the website, or after the products have been delivered if a payment-upon-delivery option was available and has been chosen.
All information we provide about availability and delivery dates is non-binding, our shipping partners or KGS provide this information by way of indication only.
We strive to deliver the products you ordered as soon as possible, but do not guarantee the indicated delivery date. If full payment has not been received or if there was a problem with the payment we reserve the right not to ship the product you ordered until all outstanding payments have been settled.
If you were not there to take delivery and did not pick up your product from a pick-up point or if you refused to take delivery, the product will be sent back to us. We will then reimburse you the amount you paid with a deduction of the delivery service charge and a flat processing charge of 20 CHF or 15 EUR, depending on the currency you made the purchase in. Please contact us if there is a valid reason for missing or refusing delivery as we may be able to forego the processing charge.
On delivery you will have to check the condition of the packaging and whether the correct number of packages have been delivered. If anything is wrong or missing, you can contact us and we will send a new shipment for missing items and we will take damaged or incorrect items back and replace them free of charge (“promise to replace”). It is your responsibility to inform us within 7 days of receipt of the delivery about any damaged, missing or incorrect goods for the promise to replace to apply.
Our promise to replace the product does not apply if you have used the product improperly or if you have made any alterations to the product.
9. Cancelling Your Order and Returning Goods
9.1 Right of Return
Subject to the exceptions under 9.2.
If you have ordered a product that you wish to return, you may withdraw from the agreement and return the product to us within 14 days of receiving the shipping confirmation, regardless of your reasons for doing so, by notifying us clearly. This does not apply if you ordered a product that has been custom made for you.
During these 14 days, you agree to treat the product and its packaging with care and only unpack or use the product insofar as this is reasonably needed to determine the nature, characteristics or functioning of the product as you would be permitted to do in a store.
Any (mis)use of the product that is not reasonably needed, leading to the depreciation of the product can lead to your liability for the depreciation amount.
You agree to take reasonable care of the goods and to return all unwanted goods to us at your cost.
Once we have received the returned goods, we will reimburse you for the sum of the purchase price and standard delivery costs as soon as reasonably possible.
9.2 Exclusion to Right of Return
You may not return products that are sealed, for example in plastic, for health or hygiene reasons after opening or damaging their packaging. The nature of these products is such that they are not suitable for being returned once the packaging has been opened or damaged.
Face masks, disposable masks, protective masks, medical masks, surgical masks or respirators in particular may not be returned if the final packaging, which tends to be a transparent plastic packaging protecting them from external influences or contamination, has been opened.
We reserve the right to, at any time, amend or stop providing the website or to stop selling any or all goods via the website, with or without notice. We will not be liable for the modification, suspension or discontinuance of the website.
11. Digital Security
We endeavour to keep our website safe and free from viruses but we do not guarantee that the website is free from malicious content. For your own security, always take measures to ensure your digital safety, for example by installing the appropriate software that protects your device from malicious content on the internet.
12. Events Beyond Our Reasonable Control
We do not accept liability for delays, non-performance or inability to comply with these general terms if this was caused by an event outside of our control.
‘Events outside of our control’ are deemed to include at least all those events determined by existing case law, but specifically include strikes, fire or water damage, natural disasters, war, government measures, pandemics, epidemics and other crisis situations.
13. Intellectual Property
All intellectual property rights contained in or displayed on the website, including but not limited to surface patterns, product designs and the KGS logo or slogan, are our property.
The Customer may not make any alterations to goods or otherwise bring goods into the market as if they were the manufacturer, unless we have given signed authorization in writing.
14. Data Protection
We reserve the right to amend the general terms. These changes will only apply to the purchase of products or services made after the amendment.
If any provision or partial provisions of these general terms become void, nullified or obsolete, the other provisions of these general terms shall remain fully applicable. We will replace said (partial) provision with a valid provision, of which the purpose, purport and the legal effect most closely resembles that of the original provision.
All agreements entered into through the Website between you and KGS, including the provisions of these general terms, shall be subject to Swiss law. The application of the Convention on Contracts for the International Sale of Goods (Vienna, 1980) is hereby explicitly excluded.
In the unlikely event that we are unable to resolve a dispute together, the dispute will be submitted to the Swiss court.
For the interpretation of the contents and purport of our general terms, the English version thereof shall be decisive.