Terms of service
General Terms and Conditions of WINTER Medizintechnik AG / Version 29.06.2026:
1. General points
1.1. WINTER Medizintechnik AG has its head office at Oberdorfstrasse 68, 9100 Herisau. These General Terms and Conditions (hereinafter referred to as "GTC") govern the comprehensive terms of business and services between WINTER Medizintechnik AG and its customers.
1.2. All correspondence is handled through the office of WINTER Medizintechnik AG, Oberdorfstrasse 68, 9100 Herisau, or by email to info@wintermed.ch.
2. Offer
2.1. The offer of WINTER Medizintechnik AG is directed at customers with legal capacity over 18 years of age who are resident in Switzerland. The offers of WINTER Medizintechnik AG are non-binding and are not to be understood as binding quotations.
2.2. The customer receives an order receipt 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. A contract is only concluded upon confirmation of shipment 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 by email, telephone or at our head office. If, after the order receipt confirmation, it is determined that an item is not available, the corresponding order will be cancelled. The customer cannot assert any further claims.
3.2. The delivery period stated in the offer or in the order receipt confirmation is only a guideline and is not binding. Should a delivery period not be met by WINTER Medizintechnik AG, the customer may withdraw from the order 30 days after the order receipt confirmation by written notice to the office.
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 any further claims.
3.4. Delivery is made exclusively to addresses in Switzerland at the customer's expense and risk. In principle, delivery is only made to the customer's curbside/PO box.
3.5. In the case of a collection period, the customer must collect the ordered goods within four weeks of notification at our location 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 to WINTER Medizintechnik AG as soon 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 from 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 are not taken into account.
4.2. All prices of WINTER Medizintechnik AG are understood to include value added tax (VAT) and the advance recycling fee (VRG) in Swiss francs. Additional costs (e.g. shipping costs, packaging costs, surcharges for certain means of payment, minimum quantity surcharge, transport insurance, services) are not included in the price and are shown separately and may be charged additionally. Technical changes, errors and misprints are reserved.
5. Payment and retention of title
5.1. The means of payment stated on www.wintermed.ch apply. WINTER Medizintechnik AG may exclude individual means of payment in general or for individual customers without further justification. WINTER Medizintechnik AG has the right to levy surcharges on individual means of payment.
5.2. When purchasing with debit and credit cards, the charge is made at the time of the order. The data when paying by credit and debit card is transmitted in encrypted form.
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 limited product availability, it may happen that the goods cannot be delivered immediately until the order is triggered. If payment is not received by WINTER Medizintechnik AG within 5 days, WINTER Medizintechnik AG may cancel the order. If it is agreed that the ordered goods are to be collected from WINTER Medizintechnik AG by the customer, the entire purchase price including additional costs must be paid upon collection.
5.3. The products delivered by WINTER Medizintechnik AG or collected by the customer remain the property of WINTER Medizintechnik AG until the entire purchase sum (including all surcharges) has been received by WINTER Medizintechnik AG. The customer undertakes to handle the products with care as long as they are the property of WINTER Medizintechnik AG.
5.4 For payments by invoice, processing fees of CHF 15.– per reminder may be charged if the payment deadline is not met.
6. Warranty and repairs
6.1. Right of return
The customer has a 14-day right of return. The date of delivery is decisive. The return must be requested within 14 calendar days of receipt of the goods in writing by email to info@wintermed.ch or by telephone at 071 761 01 02.
A prerequisite for a return is that the product is in as-new condition: unworn, unused, with tags, in its original packaging and complete with all accessories, enclosing the delivery note/warranty certificate. If the product has been used or is no longer in as-new condition, WINTER Medizintechnik AG reserves the right to deduct a reasonable amount for the loss of value or to refuse the return.
The return shipment is at the customer's expense and risk. WINTER Medizintechnik AG recommends sending by registered mail with the additional "Assurance" service. Exchange is excluded; the desired item can be ordered separately after the return has been accepted. The delivery note or the printed and enclosed invoice serves as the warranty certificate and must be kept carefully.
6.2 Procedure for defective products
The customer can assert a defect in the product, provided that no grounds for exclusion exist. Grounds for exclusion may include in particular force majeure damage, moisture damage, impact or drop damage, natural wear, incorrect handling, and damage caused by external influences. Wear parts are excluded from the warranty.
If there is a defect that does not fall under the grounds for exclusion, the customer can contact the office of WINTER Medizintechnik AG in writing or by telephone. In any case, the return to WINTER Medizintechnik AG must be agreed in advance with WINTER Medizintechnik AG. Otherwise WINTER Medizintechnik AG may claim compensation for expenses.
Defective products are not collected. The customer must send the defective product at their own expense and risk to the designated service point or hand it in at the designated location. The products must be sent in or handed in personally with all accessories in the original packaging, enclosing the proof of purchase. If the original packaging is missing, the product must be packaged so that it is fit for transport.
Returned products that do not fall within the warranty period, are sent to a wrong address, whose return was not agreed and/or whose packaging was defective or where accessories are missing, may be returned by WINTER Medizintechnik AG. Compensation for expenses may be claimed.
If it is determined that a product sent in does not fall under the warranty, a cost estimate of the expected repair costs is automatically prepared. This is invoiced to the customer with a flat fee of CHF 40.– plus VAT. If the customer decides on a repair, the flat fee for the cost estimate is credited to them. If the customer does not respond to the cost estimate, the product is disposed of. If the customer wants the product back unrepaired, the corresponding shipping costs are also added.
6.3 Warranty period and manufacturer's warranty
The warranty period is shown per item on the delivery note. For new products this is at least 2 years. The warranty exchange or warranty repair does not extend the original warranty period. The statutory warranty obligation is not limited by the warranty.
The warranty period begins at the time of delivery. In the event of any waiting time until delivery, the warranty period does not yet run. In this respect, the warranty period of several products ordered at the same time may differ in the case of a partial delivery.
The decision on the type of defect remedy generally lies with the manufacturer. For the duration of the repair or the time until 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 is 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 extend the original warranty period.
If the manufacturer decides to provide compensation instead of a repair or a replacement product, this is adjusted to the current value of the defective product. The compensation is in no case 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 faults or that these do not fall under the warranty, the return shipment is at the customer's expense and risk. Furthermore, compensation for expenses may be charged.
7. Liability
Claims for damages arising from impossibility of performance, from breach of contract, from fault at the conclusion of the contract and from tort are excluded, unless there is intentional or grossly negligent conduct. Liability for indirect and consequential damage arising from use, malfunction or failure of performance is excluded.
8. Data protection
8.1 Privacy policy of WINTER Medizintechnik AG
The privacy policy of WINTER Medizintechnik AG applies to all visits to the website www.wintermed.ch
8.2 Individual customer account
An order of goods and/or information about certain products is generally only possible once the customer has registered on www.wintermed.ch. Independently of an order, the customer must provide, in addition to the username (email), their official first and family name, the residential address registered with the authorities, their date of birth and a valid telephone number. When shopping via the individual customer account, a password must be defined. The products in the shopping cart are stored independently of an order.
The data of 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 is only 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 purpose-bound evaluations, WINTER Medizintechnik AG forms target groups that make it possible to inform customers individually about offers and other services.
However, the customer has the option at any time to opt out of advertising. Should you decide that you no longer wish to receive advertising, you can notify the office. Such a waiver relates solely to advertising in connection with WINTER Medizintechnik AG.
Every customer can subscribe to an electronic newsletter, which they can easily unsubscribe from again at any time.
WINTER Medizintechnik AG uses Google Analytics and uses so-called cookies, text files that are stored on your computer and that enable an analysis of the use of the website.
8.4 Data transfer
WINTER Medizintechnik AG only transfers personal data insofar as this is necessary for the provision of the Services, in particular to Shopify as the platform operator as well as to payment, logistics, shipping and marketing service providers. The details are governed by the privacy policy, which prevails in the event of any conflict.
8.5 Retention obligation / deletion of data
The data is kept for 10 years after the end of the contractual relationship and is then deleted.
9. Place of jurisdiction, applicable law
These General Terms and Conditions can be changed at any time. Swiss law applies exclusively. The place of jurisdiction is at the registered office of WINTER Medizintechnik AG in Herisau.