General Terms and Conditions of WINTER Medizintechnik AG / Version 8.01.2018:

1. General Points

1.1. WINTER Medizintechnik AG has its headquarters at Oberdorfstrasse 68, 9100 Herisau. These General Terms and Conditions (hereinafter referred to as GTC) regulate the comprehensive terms and conditions of business and services between WINTER Medizintechnik AG and its customers.

1.2. All correspondence shall be handled through the secretariat of WINTER Medizintechnik AG, Oberdorfstrasse 68, 9100 Herisau, or by e-mail to info@wintermed.ch.

2. Offer

2.1. WINTER Medizintechnik AG's offer is aimed at customers over 18 years of age with legal capacity and residence in Switzerland. The offers of WINTER Medizintechnik AG are non-binding and are not to be understood as binding offers.

2.2. The customer will receive an order confirmation, which is not binding. In particular, WINTER Medizintechnik AG reserves the right not to accept orders if more than household quantities of an item are ordered. An order only becomes binding upon confirmation of dispatch or readiness for collection of the ordered goods.

3. Order and Delivery

3.1. Orders are accepted via the website www.wintermed.ch as well as via e-mail, telephone, or at our headquarters. If it is determined after the order confirmation that an item is not available, the corresponding order will be cancelled. The customer cannot assert further claims.

3.2. The delivery period stated in the offer or in the order confirmation is only an estimate and is not binding. Should WINTER Medizintechnik AG not be able to meet a delivery deadline, the customer may withdraw from the order 30 days after the order confirmation by written notification to the secretariat.

3.3. WINTER Medizintechnik AG is entitled to make partial deliveries. If part of the ordered goods cannot be delivered, there is no right to cancel the entire order. The customer cannot assert further claims.

3.4. Delivery is exclusively to addresses in Switzerland at the customer's expense and risk. In principle, delivery is only to the customer's curb/post office box.

3.5. In the case of a collection period, the customer must collect the ordered goods within four weeks after notification at our premises at Oberdorfstrasse 68, 9100 Herisau. The general opening hours apply for collection. If the goods are not collected within the collection period, WINTER Medizintechnik AG has the right to cancel the contract and may claim compensation for expenses.

3.6. The customer undertakes to check the delivered/collected goods immediately for correctness, completeness and integrity. Damage to the delivered/collected goods must be reported to the executing transport company and WINTER Medizintechnik AG as quickly as possible, but no later than 5 calendar days after delivery. In the event of complaints, all parts of the original packaging must be kept. These may only be disposed of after written consent from the transport company or WINTER Medizintechnik AG.

4. Prices

4.1. WINTER Medizintechnik AG has the right to change the price at any time. The price published at the time of the order applies. Price changes made after the order will not be taken into account.

4.2. All prices of WINTER Medizintechnik AG are inclusive of value added tax (VAT) and advanced recycling fee (ARF) in Swiss francs. Ancillary costs (e.g. shipping costs, packaging costs, surcharges for certain payment methods, small order surcharge, transport guarantee, services) are not included in the price and will be shown separately and may be charged additionally. Technical changes, errors and misprints are reserved.

5. Payment and Retention of Title

5.1. The payment methods indicated on www.wintermed.ch apply. WINTER Medizintechnik AG may exclude individual payment methods generally or for individual customers without further justification. WINTER Medizintechnik AG has the right to levy surcharges on individual payment methods.

5.2. When purchasing with debit and credit cards, the charge is made at the time of order. Data for payments via credit and debit cards are transmitted encrypted.

When purchasing by prepayment, the order is only triggered once the corresponding payment has been received by WINTER Medizintechnik AG. The desired items cannot be reserved during this time. In the event of low product availability, it may happen that the goods are not immediately deliverable until the order is triggered. If payment has not been received by WINTER Medizintechnik AG within 5 days, WINTER Medizintechnik AG may cancel the order. If it is agreed that the ordered goods will be collected by the customer at WINTER Medizintechnik AG, the entire purchase price including ancillary costs must be paid upon collection.

5.3. The products delivered by WINTER Medizintechnik AG or collected by customers remain the property of WINTER Medizintechnik AG until the entire purchase price (including all surcharges) has been received by WINTER Medizintechnik AG. The customer undertakes to treat the products carefully as long as they remain the property of WINTER Medizintechnik AG.

5.4 For payments on account, processing fees of CHF 15.00 may be charged per reminder if the payment deadline is not met.

6. Warranty and Repairs

6.1. Right of Return and Exchange

The customer has no general right of return or exchange. For individual articles, a right of return exists if the return conditions are met. Exchange is excluded. The delivery note or the printed and enclosed invoice serves as a warranty certificate. This must be kept carefully.

The return must always be requested in writing via e-mail or by telephone at 071 761 01 02.

A return is only possible up to 2 weeks (14 calendar days) after receipt of the goods. The date of delivery is decisive.

The goods must be returned in their original packaging, complete with all accessories and with the delivery note/warranty certificate enclosed. The return is at the customer's expense and risk – WINTER Medizintechnik AG recommends shipping via registered mail with the additional service "Assurance".

6.2 Procedure for defective products

The customer can claim a defect in the product, provided there are no exclusion grounds. Exclusion grounds may include, in particular, elemental damage, moisture damage, impact or fall damage, natural wear and tear, incorrect operation, damage caused by external influences. Wear parts are excluded from the warranty.

If there is a defect that is not covered by the exclusion grounds, the customer can contact the secretariat of WINTER Medizintechnik AG in writing or by telephone. In any case, the return to WINTER Medizintechnik AG must be agreed upon with WINTER Medizintechnik AG in advance. Otherwise, WINTER Medizintechnik AG may claim compensation for expenses.

Defective products will not be collected. The customer must send the defective product at his own expense and risk to the designated service center or deliver it to the designated location. The products must be sent in with all accessories in their original packaging, enclosing the sales receipt, or handed over in person. If the original packaging is missing, the product must be packaged in a transport-safe manner.

Returned products that do not fall under the warranty period, are sent to an incorrect address, whose return has not been agreed upon and/or whose packaging was defective or where accessories are missing, may be returned by WINTER Medizintechnik AG. A flat fee for expenses may be claimed.

If it is determined that a submitted product has no defects or that these do not fall under the warranty, an estimate of the expected repair costs will automatically be prepared. This will be charged to the customer with a flat fee of CHF 40.– plus VAT. If the customer decides to have the repair carried out, the flat fee for the estimate will be credited to him. If the customer does not respond to the estimate, the product will be disposed of. If the customer wishes the product back unrepaired, the corresponding shipping costs will also be added.

6.3 Warranty period and manufacturer's warranty

The warranty period is indicated per item on the delivery note. For new products, this is at least 2 years. Warranty exchange or warranty repair does not extend the original warranty period. The warranty does not limit the statutory warranty obligation.

The warranty period begins at the time of delivery. In the event of a waiting period until delivery, the warranty period does not yet run. In this respect, the warranty period for several products ordered simultaneously may differ in the case of a partial delivery.

The decision on the type of defect rectification generally lies with the manufacturer. During the repair period or the time until the delivery of a replacement device, there is no entitlement to a free replacement product. If the defective product is replaced by the manufacturer, the replacement product will be adjusted to the current value of the defective product. The defective product or the replaced parts become the property of the manufacturer. If a product is repaired or replaced, this does not lead to an extension of the original warranty period.

If the manufacturer decides to pay compensation instead of a repair or a replacement product, this will be adjusted to the current value of the defective product. The compensation will in no case be higher than the purchase price and takes into account that the customer was able to use the product until the defect occurred.

If it is determined that the product has no defects or that these are not covered by the warranty, the return shipment will be at the customer's expense and risk. Furthermore, a flat fee for expenses may be charged.

7. Liability

Claims for damages due to impossibility of performance, breach of contract, fault at the conclusion of the contract and unlawful acts are excluded, unless intentional or grossly negligent action is present. Liability for indirect damage and consequential damage resulting from use, malfunction or failure to perform is excluded.

8. Data Protection

8.1 Data protection declaration of WINTER Medizintechnik AG

For all visits to the website www.wintermed.ch, the data protection declaration of WINTER Medizintechnik AG applies.

8.2 Individual customer account

An order of goods and/or information about certain products is generally only possible if the customer registers on www.wintermed.ch. Regardless of an order, he must also provide his official first and last name, the residential address registered with the authorities, his date of birth and a valid telephone number in addition to his username (e-mail). When shopping via the individual customer account, a password must be defined. The products in the shopping cart are saved regardless of an order.

The data in the customer account is protected against access by unauthorized third parties. Access to the complete data is only possible for a limited number of authorized persons and will only be disclosed to third parties upon presentation of a power of attorney or in connection with an official investigation.

8.3 Advertising and Newsletter

The collected data may be evaluated and used for marketing and advertising purposes. WINTER Medizintechnik AG is not interested in the purchasing behavior of individual persons. With targeted evaluations, WINTER Medizintechnik AG forms target groups that enable customers to be informed individually about offers and other services.

However, the customer has the option to opt out of advertising at any time. If you decide that you no longer wish to receive advertising, you can inform the secretariat. Such a waiver refers only to advertising in connection with WINTER Medizintechnik AG.

Every customer can subscribe to an electronic newsletter, which can be easily unsubscribed at any time.

WINTER Medizintechnik AG uses Google Analytics and so-called cookies, text files that are stored on your computer and enable an analysis of your use of the website.

8.4 Data transfer

WINTER Medizintechnik AG excludes the transfer of data to third parties.

8.5 Retention obligation / Deletion of data

The data will be stored for 10 years after the end of the contractual relationship and then deleted.

9. Place of jurisdiction, applicable law

These General Terms and Conditions may be changed at any time. Swiss law is exclusively applicable. The place of jurisdiction is the registered office of WINTER Medizintechnik AG in Herisau.