GENERAL TERMS AND CONDITIONS OF BUSINESS (GTCB) for the ON-LINE SHOP
of Hirslanden AG and its subsidiaries
I. AREA OF APPLICATION
The business relationship between HIRSLANDEN (hereinafter called the “SELLER”) and the Customer is governed exclusively by the following General Terms and Conditions of Business (GTCB) in the version valid at the time of the order.
Any divergent conditions of the Customer are not recognized unless the SELLER expressly agrees to their application in writing.
II. OFFERS AND DESCRIPTION OF THE SERVICE
The representation of the products in the on-line shop in pictorial form does not constitute a legally binding offer, but an invitation to make an offer to purchase in the form of an order.
The information on quantities given on the platform is not binding.
III. ORDERING PROCEDURE AND CONTRACT CONCLUSION
The Customer can select products from the SELLER’s range without entering into any commitment, and place these in a “shopping basket” by means of the button “Add to Basket”. The products selected and placed in the shopping basket may be changed e.g. deleted. The Customer can then move to the final stage of the order procedure by clicking on the button “Proceed to Checkout” he/she will see in the basket.
By clicking on the button “Place your order” the Customer places a binding order to purchase the goods in the basket. Before sending the order the Customer can amend and review the data at any time and, with the aid of the browser function “Back,” can also return to the basket or completely terminate the order procedure. Mandatory information is denoted by an asterisk (*).
The SELLER will send the Customer an order confirmation containing all the information about the order to the email address indicated by the Customer. The order confirmation constitutes the legal acceptance of the order and consequently the conclusion of the contract.
IV. DELIVERY, AVAILABILITY OF THE GOODS
Dates and times of delivery are not binding unless otherwise expressly agreed in writing.
The SELLER purchases its products from third-party suppliers. The information on specific dates and times of delivery by the SELLER is subject to correct and timely supplies from sub-contract suppliers and manufacturers.
If supply from these parties is no longer possible, the SELLER is entitled to send a replacement product of the same value. If this is not possible, the SELLER is entitled to withdraw from the contract and accordingly to return any payment already made.
The SELLER reserves the right to organize the orders as partial deliveries.
V. PRICES, DELIVERY COSTS AND DELIVERY INFORMATION
The prices contained in the product pages include the Value Added Tax imposed by law and the delivery costs.
The products are only sent within the relevant hospital.
The SELLER reserves the right to amend the prices at any time. The prices in the relevant order confirmation apply to products already ordered.
VI. METHODS OF PAYMENT
During the order procedure and prior to its conclusion the Customer may select from the available methods of payment. If third-party service-providers are authorized to manage the payment, their General Terms and Conditions of Business apply.
The definitive currency for the prices and payment of the products is Swiss francs (CHF).
If the due date of payment is specified according to the calendar, the Customer is in default without any formal reminder being sent if he/she fails to pay by the due date. In this case the Customer must pay the statutory default interest.
The obligation of the Customer to pay default interest does not rule out the assertion of claims for further compensation for default by the SELLER.
VII. RETENTION OF TITLE
Bis The goods supplied remain the property of the SELLER until payment has been made in full.
IIIX. WARRANTY FOR MATERIAL DEFECTS AND GUARANTEE
The warranty is determined by the provisions of law.
A guarantee only applies to the goods supplied by the seller if this guarantee was expressly given. Customers are informed of the guarantee conditions before commencement of the order procedure.
IIX. LIABILITY
The SELLER is only liable for loss or damage caused by gross negligence or intent. The SELLER is not liable for any consequential loss or damage of any nature whatsoever. Liability under the Swiss Product Liability Act (Produkthaftungsgesetz) remains unaffected.
To the extent that the SELLER’s liability is excluded or restricted, this also applies for the personal liability of all auxiliary personnel.
IX. DATA PROTECTION
With regard to the provisions of data protection legislation, your attention is drawn to Hirslanden’s Data Protection Statement. This can be accessed at:
(https://www.hirslanden.ch/en/corporate/data-protection-statement.html)
X. IDENTIFICATION
The SELLER reserves the right to amend the General Terms and Conditions of Business at any time.
If you have any questions about the General Terms and Conditions of Business, please contact the SELLER using the details that follow:
Hirslanden Klinik im Park Zürich, Seestrasse 220, 8027 Zürich, +41 44 209 21 11, klinik-impark@shop.hirslanden.ch
IX. FINAL PROVISIONS
These General Terms and Conditions of Business take precedence at all times over all terms and conditions of business of the Customer.
The SELLER’s location is the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. The legal relationship is subject to Swiss law.
If one or more provisions of these General Terms and Conditions of Business should be or become invalid, the validity of the other conditions is not affected thereby.
The SELLER reserves the right to amend or adapt these General Terms and Conditions of Business at any time. The most recent version applies.