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Terms

Terms and conditions

Legal provisions for orders placed via the online shop www.visomat.ch.

Overview

Contents

§ 1 Scope § 2 Conclusion of contract § 3 Prices & shipping costs § 4 Payment & retention of title § 5 Delivery § 6 Warranty for defects § 7 Liability § 8 Privacy § 9 Severability clause § 10 Applicable law
Contractual partner

Hardmeier Electronics AG

Weststrasse 115
CH 8408 Winterthur

visomat@hardmeier-electronics.ch +41 52 224 41 41
Terms

Terms and conditions

The following terms and conditions govern the contractual relationship between you as the customer and Hardmeier Electronics AG as the operator of the online shop www.visomat.ch.

§ 1 Scope and contractual partner

These General Terms and Conditions (GTC) apply to all contracts concluded between you as customer and us as operator of the online shop www.visomat.ch (hereinafter “seller”). As part of the ordering process, you acknowledge the GTC in the version valid at the time the order is placed. All oral and telephone agreements must be confirmed in writing to be binding. The requirement of written form is also fulfilled if a declaration is contained in an email.

The operator of the online shop www.visomat.ch and your contractual partner is:

Hardmeier Electronics AG
Weststrasse 115
CH 8408 Winterthur

The goods offered in our online shop are aimed exclusively at non-commercial buyers with habitual residence and a delivery address in Switzerland or Liechtenstein (hereinafter “customers”).

§ 2 Conclusion of contract

The presentation of our goods in the online shop does not constitute a binding offer of sale. The offer to conclude a purchase contract is made by you as the customer by clicking the “Buy now” button after completing the order page in full. You remain bound by your order for 1 week. The contract becomes binding when we accept your order within this period in accordance with section 3.

After submitting the order, you will receive an automated email confirming receipt of the order by us (order confirmation). The order confirmation merely serves to inform you that we have received your order.

A contract only comes into valid existence when we declare acceptance of the contract. We declare acceptance of the contract by issuing an invoice, confirming by email that the goods are leaving our warehouse (shipping confirmation), or at the latest by delivering the goods.

The contract only comes into existence for those items expressly listed in our invoice, order confirmation or shipping confirmation. This also definitively determines the scope of performance.

Your right of withdrawal (see § 6) remains unaffected by the above provisions.

The contract is concluded in German. The data stored by us serves as proof of the conclusion of the contract and the transaction.

You also have the option of printing your order and the data entered during the ordering process. If you have a customer account, you can also view your order data in your customer area by entering your personal access data.

§ 3 Prices and shipping costs

The prices stated in our online shop include statutory VAT and are quoted in Swiss francs (CHF).

All stated prices are exclusive of shipping costs.

§ 4 Payment and retention of title

Payment of the purchase price can be made, at our discretion, by advance payment, invoice, Postcard or credit card (VISA or Mastercard), insofar as provided for and available on the website.

If you choose payment in advance, we will provide you with our bank details in the order confirmation. We ask you to transfer the invoice amount to this account within 14 days.

In the case of purchase on account, the total invoice amount must be transferred to our account within 15 days of receipt of the goods.

We retain title to the delivered goods in every case until the respective invoice amount of a delivery has been paid in full (final and unconditional crediting of the total purchase price).

Our obligation to deliver only arises once full payment has been received. If full payment is not received within a maximum of 30 days after acceptance of the contract, we reserve the right to withdraw from the contract.

As a customer, you are not entitled to pledge the reserved goods or transfer them by way of security before ownership passes. You may only resell the reserved goods in the ordinary course of business. In the event of resale, you hereby assign to us in full all claims arising therefrom against your buyer as security for our claim. You will inform us immediately of any access by third parties to the reserved goods or the claims assigned to us and point out our rights to third parties.

§ 5 Delivery and transfer of risk

We deliver exclusively to delivery addresses in Switzerland and Liechtenstein.

Shipping costs are regulated in § 3.

The goods are shipped from our warehouse in Winterthur. This is also the place of performance.

If not all ordered products are in stock, we are entitled to make partial deliveries.

Our performance is an obligation to dispatch and is fulfilled upon handover to the transport person.

The delivery times stated in the online shop or in our order confirmation according to § 2 para. 2 are calculated from the time of our order confirmation, in the case of payment by bank transfer in advance, however, not before the invoice amount has been credited to our account.

§ 6 Obligation to inspect and notify defects, warranty for defects

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We provide warranty by remedying defects. This is done at our discretion either by subsequent performance, namely remedying a defect (repair), or delivery of a defect-free item (replacement delivery). Replaced products become the property of the seller.

If subsequent performance fails, the customer is entitled to withdraw from the contract. This does not apply in the event of insignificant defects. The customer has no right to reduction. This exclusion of liability also extends to all claims that compete with warranty rights, whether arising from contract (Art. 97 et seq. Swiss Code of Obligations), tort (Art. 41 et seq. Swiss Code of Obligations), contestation of the contract due to error (Art. 23 et seq. Swiss Code of Obligations), etc.

The customer does not receive guarantees in the legal sense from Hardmeier Electronics AG. Manufacturer guarantees remain unaffected. Advertising, public statements and praise by the manufacturer do not constitute a contractual quality specification of the goods.

Shipping and transport to the factory in Winterthur are at the buyer's expense.

We as seller accept no liability for descriptions by third parties, in particular customers, within customer reviews published in the online shop or on our social media presences.

§ 7 Liability

All cases of breach of contract and their legal consequences as well as all claims of the customer, regardless of the legal basis on which they are based, are exhaustively regulated in these GTC. In no case do claims exist on the part of the customer for compensation for damage that has not occurred to the product itself. Any liability claim exceeding the value of the order is excluded.

The exclusion of liability pursuant to para. 1 above does not apply in the event of unlawful intent (wilful misconduct) or gross negligence.

The ordered products may only be used for the agreed purpose. For other uses, prior written consent must be obtained.

§ 8 Privacy

The handling of customers' personal data by the seller is regulated in the privacy policy. This forms an integral part of these GTC. The privacy policy can be accessed on the website www.visomat.ch. For order processing, we store our customers' data and may pass it on to third parties for this purpose. The customer may object to the use of the data for advertising purposes at any time.

§ 9 Severability clause, reservation of amendments

Should individual provisions of these GTC be invalid or incomplete or should performance become impossible, this shall not affect the validity of the remaining provisions. The contracting parties undertake to replace the invalid provision with a permissible effective provision that comes closest in content to the original intention and the economic purpose pursued thereby.

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Deviating contractual conditions of the customer, in particular those that the customer declares applicable together with the acceptance of the contract, do not become part of the contract. They are only valid if and insofar as they have been expressly accepted by the seller in writing.

§ 10 Applicable law

The contractual relationship, including this provision, is governed by Swiss law. The exclusive place of jurisdiction is the registered office of Hardmeier Electronics AG in Winterthur. With the publication of an updated version of these provisions, older versions lose their validity.

Last updated: 01.01.2024

visomat Switzerland

Official Swiss distribution partner for blood pressure monitors, accessories and service.

  • Hardmeier Electronics AG
    Weststrasse 115
    8408 Winterthur
    Schweiz
  • 052 224 41 41
  • visomat@hardmeier-electronics.ch

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