General Terms and Conditions
This English version is a convenience translation. The German version prevails.
General Terms and Conditions
1. Applicability and Scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between rotatec GmbH (hereinafter referred to as "rotatec", "us" or "we") and the customer (hereinafter referred to as "Customer", "Buyer" or "you") for rotary dental instruments (hereinafter referred to as "Products" or "Goods") purchased via our website www.rotatec-swiss.com (hereinafter referred to as "Online Shop" or "Website").
The Website and the Online Shop are operated by:
rotatec GmbH
Rütistrasse 6, 9050 Appenzell
Switzerland
UID No. CHE-114.444.119
Phone: +41 71 788 20 40
E-mail:
info@rotatec-gmbh.ch
Individual agreements concluded with the Customer take precedence over these GTC. Conflicting terms and conditions of the Customer are not recognized.
rotatec GmbH reserves the right to amend these GTC at any time. All amendments take effect upon publication of the new GTC on the Website. The relevant point in time for the applicability of the valid GTC when purchasing a Product is the date on which the binding order is submitted to us.
Please read these GTC carefully before placing a binding order. By placing a binding order for our Products, you agree to the terms and conditions set out below as well as to our Privacy Policy, and you declare that you are authorized to enter into legally binding contracts and are at least 18 years of age.
2. Conclusion of a Purchase Contract
The presentation of the Products in the Online Shop does not constitute a legally binding offer, but merely a non-binding online catalogue or a non-binding invitation to customers to order the Product in the Online Shop. rotatec GmbH expressly reserves the right to change the Products themselves as well as the content, such as images, product range, prices and the descriptions of our Products, at any time and without prior notice. Illustrations, images, brochures, advertising and other information relating to our Products serve information purposes only and are not binding on rotatec GmbH.
The Customer may place a binding order for the Products they have selected via our Online Shop. The Customer may place the Products they select in the "shopping cart". This does not yet constitute a binding order. An order is only deemed to have been placed in a binding manner once the Customer clicks on the button "Order with obligation to pay" on the order page at the end of the ordering process. Before submitting the order, the Customer may view and change the details at any time, identify any input errors and, where necessary, correct them before the final binding submission of the order.
An order confirmation is sent to the Customer immediately and automatically by e-mail. This confirmation e-mail contains the details of your order and our GTC as accepted by you during the ordering process. The confirmation e-mail serves only as information that we have received your order. The automatic order confirmation does not yet bring a purchase contract into existence. By submitting the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out the GTC for the purposes of the online order and your records, or save them on your computer.
After you have placed a binding order, rotatec GmbH is free, at its own discretion, either to accept the order or to reject it by sending a corresponding notification by e-mail and without assuming any liability towards you or third parties. In the event of cancellation of the order, we will refund any payment already made. Reasons for rejecting an order may include, for example, a Product no longer being available, our being unable to obtain authorization for the Customer's payment, or there being reason to believe that the Customer is acting in violation of these GTC or individual contracts, is engaging in fraudulent or other criminal activities, or for any other good cause.
Upon acceptance of the order, a binding purchase contract with the Customer comes into existence. Acceptance takes place through the dispatch of the ordered Goods.
Any commercial distribution or resale of our Products is strictly prohibited.
3. Availability and Reservation of Performance for Unavailable Products
All information about the availability of our Products and the dispatch and delivery of our Goods is preliminary information and approximate guidance. It does not constitute binding or guaranteed dispatch or delivery dates. Any liability for unavailable Goods or for delays in the dispatch or delivery of the Goods is expressly excluded.
Our Products are available while stocks last. If, when processing your order, rotatec GmbH determines that the Goods you ordered are not available, we will inform you thereof without delay. In this case, no contract is concluded in respect of the Goods that cannot be delivered, as the ordered Goods cannot be supplied.
Furthermore, we reserve the right to limit the number of items that may be purchased by a Customer. In this case, we will inform the Customer accordingly by e-mail.
4. Prices and Shipping Costs
Our Products and prices correspond to those stated on the Website. All prices are quoted in CHF (Swiss francs) or in euros and are net prices, plus the statutory value added tax (VAT). The total price of your order, including any ancillary and shipping costs and the VAT payable for the respective country, is displayed at the end of the ordering process. No customs duties are incurred for shipments to countries outside Switzerland. These are paid by the seller.
By placing a binding order, you declare that you agree to the total price for the ordered Products. Once the binding order has been placed, the price can no longer be adjusted.
rotatec GmbH reserves the right to change prices at any time. The Products are invoiced on the basis of the prices offered at the time the binding order is placed.
5. Terms of Payment/Credit Check
Orders are generally due for payment immediately.
The Customer may pay using the means of payment displayed on the Website or during the ordering process. These may change from time to time and may vary by country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to safeguard our credit risk, only those corresponding to the respective creditworthiness). The Customer expressly authorizes rotatec GmbH to carry out credit checks at its own discretion and, for this purpose, to pass on Customer data to third parties where necessary.
By selecting the means of payment, the Customer authorizes the payment either by entering the credit card details or the access data of a payment service provider. The Customer authorizes rotatec GmbH to receive or collect payments by the corresponding means. In the event of chargebacks, rotatec GmbH is entitled to reimbursement of the associated costs and bank processing fees. Furthermore, rotatec GmbH is not liable for any fees or other amounts that the card issuer or your bank may charge you as a result of processing your payment in accordance with your order.
If you pay by credit card or an alternative payment method, we reserve the right to verify the validity of the card, to check the availability parameters for collection and the address details, and to request authorization from the card issuer or payment provider. Furthermore, you confirm that the credit card is valid and that the payment details entered are correct. If payment is declined, rotatec GmbH reserves the right to cancel the order and to suspend the dispatch of the Products. In this case, we will contact you immediately.
When paying by invoice, the Customer receives the invoice with a payment slip together with the delivery of the Goods or by e-mail. Payment must be made using the payment slip within the payment period stated on the invoice. If payment is not made on time, rotatec GmbH is entitled to charge its expenses of at least CHF 50.– for each reminder and further costs associated with debt collection as well as the statutory default interest. Should it become necessary to initiate debt enforcement proceedings, we will charge an additional processing fee of at least CHF 200.–.
6. Terms of Delivery
Delivery is generally made via the delivery service of Schweizerische Post AG. For deliveries to Switzerland, the shipping costs are borne by the Buyer. For deliveries to the EU, the following delivery services are used: DPD Direct Parcel Distribution Austria GmbH. The desired delivery service can be selected during the ordering process. The costs incurred must be paid by the Buyer in advance.
The Goods that you order in our Online Shop and that are in stock will be delivered to you within 1-9 business days of receipt of full payment, depending on the destination. You can use the tracking number to track the current location of your order.
If the Products are marked as not in stock at the time of ordering, rotatec GmbH will endeavour to deliver the Goods as quickly as possible. rotatec GmbH makes every effort to comply with the stated delivery times. However, rotatec GmbH is not responsible for delivery delays, regardless of their causes. We will inform you without delay of any delivery delays that occur.
If the impediment to performance lasts more than 4 weeks after the original delivery date, the Customer is entitled to revoke their order. Further claims, in particular claims for damages, are excluded.
Should the delivery of the Goods fail through the fault of the Customer despite two delivery attempts, rotatec GmbH may withdraw from the contract. Any payments already made will be refunded without delay.
7. Retention of Title
rotatec GmbH remains the owner of the delivered Goods until they have been paid for in full.
8. Right of Withdrawal and Return
Requirements
For all purchases of our Goods via our Online Shop (with the exception of certain Products; see the restrictions on withdrawal below), you as a consumer have a right of withdrawal within 14 days of receipt of the Goods without giving any reasons. You may withdraw from the contract within 14 days of receipt of the Goods by you or by a third party named by you who is not the carrier, by returning the Goods to the return address applicable to your country (see below) or by notifying us of your decision to withdraw from the contract by means of a clear declaration of withdrawal in text form (e.g. a letter sent by post, e-mail or fax). The 14-day return period begins on the day after receipt of the Goods and is deemed to have been observed if the Goods or the notice of withdrawal are handed over to the postal service or another transport company for return or dispatch on the last day. You may use the model withdrawal form available at the end of this document, although its use is not mandatory.
A condition for exercising the right of withdrawal is that you return the Goods to us unused, complete and intact, in the original packaging. The Goods, together with the completed return slip, must be sent back to the address applicable to your delivery country:
Returns from Switzerland: rotatec GmbH, Rütistrasse 6, 9050 Appenzell, Switzerland
Returns from all other countries: rotatec GmbH, Millennium Park 9, 6890 Lustenau, Austria
Consequences of Withdrawal
If you withdraw from the contract, and provided the Goods are duly returned, we will refund the total price paid by you, including delivery costs (with the exception of the additional costs arising from your having chosen a type of delivery other than the most economical standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received notification of your withdrawal from this contract or on which the Goods were received by us. The refund is made according to the payment method originally used and is always made to the associated account that was used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. Please ensure that you have access to the specified account, as rotatec GmbH assumes no liability in this respect.
We may withhold the refund until we have received the Goods back or until you have provided proof that you have returned the Goods, whichever is the earlier.
You are only liable for any diminished value of the Goods if this loss of value is attributable to handling of the Goods that was not necessary for examining their condition, characteristics and functioning.
Restrictions on the Right of Withdrawal
The right of withdrawal is excluded for the following contracts:
delivery of Products that have been individually made to your own specifications or that are clearly tailored to your needs (so-called customer-specific, customized Products);
where the delivery concerns Products that are not suitable for return for health or hygiene reasons and whose packaging has been opened after delivery.
9. Notice of Defects/Warranty
rotatec GmbH warrants that the Goods correspond to the assured characteristics and are free from defects that impair their value or their suitability for the intended use.
Upon receipt of the Products, the Customer must check them without delay for correctness, completeness and any damage. Errors or damage must be reported to rotatec GmbH within 5 business days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing without delay after their discovery. If you do not inspect the Product or do not report the defect without delay, the Product is deemed to have been approved and you are no longer entitled to assert claims against us.
The statutory warranty provisions against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the Product. Excluded from the warranty are Products that have been damaged through the Buyer's own fault (use of the instruments on the wrong materials, at the wrong rotational speed, with excessive contact pressure, off-label use, etc.).
The Customer's warranty claims are limited to replacement delivery or rectification of defects/repair, to the exclusion of all other claims, in particular price reduction or compensation for indirect and consequential damage. rotatec GmbH decides at its own discretion between replacement delivery and repair. If subsequent delivery or repair fails, the Customer is entitled to withdraw from the contract in the case of significant defects.
For complaint notifications or service enquiries, please contact us at the following address, stating the order number, the customer number, a description of the fault and any other helpful information:
rotatec GmbH, Rütistrasse 6, 9050 Appenzell, Switzerland.
The defective Product must be returned to the above address of rotatec GmbH together with a copy of the invoice and a detailed description of the defect. The return of a Product is at the Customer's cost and risk. Please have your return shipment confirmed and keep this confirmation, as your warranty claim cannot be processed in the event of a lost parcel.
10. Registration for an Account
When you register a customer account, you can view information about your completed, open and recently dispatched orders and manage and store your address data, any payment data and any newsletter subscription. As your data is stored, you do not have to enter it again when making a further purchase.
If you register for such an account, you are responsible for ensuring that the personal data required for registration is provided truthfully and completely. You are obliged to treat your personal access data confidentially and not to make it accessible to unauthorized third parties. rotatec GmbH undertakes to treat your data confidentially and not to pass it on to unauthorized third parties. For further information on data protection, please refer to our Privacy Policy at
/datenschutz
Registration is free of charge. Each Customer is only entitled to maintain one customer account. We reserve the right to delete multiple registrations and to warn or block registered Customers who violate these GTC or individual agreements, or to delete or modify the content.
rotatec GmbH is not obliged to accept the registration or the order of a registered Customer.
11. Complaints
We attach great importance to customer satisfaction. You can reach us at any time using the contact information provided at the beginning. We endeavour to review your enquiries and complaints as quickly as possible and will contact you after receiving the documents or your submission or complaint. If you have any complaints, please help us by informing us of the exact problem or the signs of the fault and, where applicable, by providing a copy of the order documents or at least stating the order number, customer number, etc. We endeavour to respond to you within 5 business days.
12. Liability
In the event of a breach of its own obligations under these GTC and the contractual relationships based thereon, rotatec GmbH is liable for proven damage caused by it through unlawful intent or gross negligence. Any liability for slight and medium negligence as well as for indirect and consequential damage, whether based on contract, tort or any other ground, is expressly excluded. Indirect damage includes, for example, loss of profit, financial loss, reputational damage, damage caused by computer viruses or loss of data due to temporary impairments or interruptions in the availability of the services of rotatec GmbH. In addition, rotatec GmbH assumes no contractual or non-contractual liability for damage caused by auxiliary persons engaged for the performance of the service.
The above exclusions and limitations of liability do not apply in the case of culpable injury to life, body or health caused directly by rotatec GmbH, or in the case of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability under these GTC, regardless of the ground and to the extent permitted by law, is limited to the price of the Goods that the Customer ordered from us.
Events Beyond Our Control
In the event of an occurrence that lies beyond our sphere of influence and our control (so-called force majeure), we assume no liability or responsibility for the non-performance or delayed performance of any obligations under these GTC and the contractual relationship based thereon. An event beyond our control exists, for example, in the following cases:
in the case of strikes, lockouts or other industrial action by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communication networks, or the inability to use rail, shipping, air or road routes or other means of public or private transport.
Should an event beyond our control occur that affects the performance of our obligations under the contract, we will inform you thereof at the earliest possible time.
13. Data Protection
rotatec GmbH collects and processes personal data only within the scope of the statutory provisions, in particular in compliance with the applicable data protection laws. Further information on the processing of your personal data, your rights and related questions can be found in our Privacy Policy at
/datenschutz
, which forms an integral part of these GTC.
14. Copyright
The information and content published on the Website are protected by copyright and are the property of rotatec GmbH or the respective rights holder. Reproduction, editing, distribution or any other form of exploitation is not permitted and requires the prior written consent of the respective rights holder. rotatec GmbH and the respective rights holder expressly reserve all rights in this respect.
15. Severability Clause
Should any of the provisions of these GTC be or become unlawful, invalid or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed replaced by a valid provision that takes the fullest possible account of the economic purpose of the provision and the intention of the parties at the time the contract was concluded. The same applies to any gaps in these GTC.
16. Online Dispute Resolution
The European Commission has established an online platform for alternative dispute resolution procedures for consumers residing in the EU, which provides an out-of-court procedure for settling all disputes in connection with and arising from online sales contracts. You may use this platform to settle disputes arising from the online contract concluded with us. The platform is available at the following link
http://ec.europa.eu/consumers/odr/
.
17. Applicable Law and Place of Jurisdiction
These GTC, the contractual relationships based thereon and any disputes are governed exclusively by Swiss substantive law, to the exclusion of the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for natural persons is the registered office of rotatec GmbH or the place of residence of the Customer. For legal entities, the registered office of rotatec GmbH is the exclusive place of jurisdiction.
These provisions apply only insofar as there are no mandatory provisions of the law of the state in which the consumer has their habitual residence that take precedence over these GTC.
18. Referral and Partner Programme
rotatec may offer a referral and partner programme in which registered participants refer customers and orders via a personal referral code or referral link. For validly referred orders that have been paid in full, the participant may receive a commission in the form of shop credit. There is no legal entitlement to participation or to any particular commission.
The commission is granted exclusively as a credit balance in the webshop. A cash payout or any settlement outside the shop is excluded. The credit expires if it is not redeemed in the shop within twelve months of arising.
No Self-Referral
A commission only arises for orders placed by other accounts that are independent of the participant. No commission is due on the participant's own orders. An own order is any order attributable to the participant, in particular orders placed through the participant's own account, through further accounts created or controlled by the participant, or through accounts economically or personally connected to the participant, for example involving the same person, the same business or the same delivery, billing or payment details.
Creating second or multiple accounts in order to earn a commission on one's own purchases is not permitted and is deemed abuse.
Abuse and Consequences
In the event of suspected abuse, in particular self-referral, multiple accounts, sham orders or circumvention of these terms, rotatec is entitled to withhold, reduce or cancel the affected credit, to re-charge amounts already redeemed, to exclude the participant from the programme and to block the account concerned. Cancelled or returned orders reduce the commission accordingly.
rotatec may change the programme as well as the commission rates and participation conditions at any time with effect for the future, or discontinue the programme. The programme terms published in the webshop apply in addition.
Model Withdrawal Form for Physical Products
If you wish to withdraw from the contract, please complete this form and return it to:
rotatec GmbH
Rütistrasse 6, 9050 Appenzell, Switzerland, E-mail: info@rotatec-gmbh.ch
I/we* hereby withdraw from the contract concluded by me/us* for the purchase of the following goods:
___________________________________________________________________________
Ordered on:
_______________________________
Received on:
_______________________________
Name of consumer(s)*:
Address of consumer(s)*:
Place and date:
Signature of consumer(s)*: