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 rotating dental instruments (hereinafter referred to as “products” or “goods”) purchased through our website www.rotatec-swiss.com (hereinafter referred to as “online shop” or “website”).

The website and online shop are operated by:

rotatec GmbH
Rütistrasse 6, 9050, Appenzell
Schweiz
UID-Nr. CHE-114.444.119
Phone: +41 71 788 20 40
Mail: info@rotatec-gmbh.ch

Individually agreed contracts with the customer take precedence over these GTC. Conflicting terms and conditions of the customer will not be recognized.

rotatec GmbH reserves the right to change these GTC at any time. All changes become effective upon the publication of the new GTC on the website. The applicable version of the GTC at the time of purchase is determined by the date on which the binding order is placed with us.

Please read these GTC carefully before placing a binding order. By placing a binding order for our products, you agree to the terms set forth below as well as our Privacy Policy and confirm that you are authorized to enter into legally binding contracts and are at least 18 years old.

2. Conclusion of a Purchase Agreement

The presentation of products in the online shop does not constitute a legally binding offer but merely a non-binding online catalog or an invitation to customers to order the product in the online shop. Rotatec GmbH expressly reserves the right to change the products as well as the content, such as images, assortment, prices, and descriptions of our products, at any time and without prior notice. Images, brochures, advertisements, and other product-related information are for informational purposes only and are not binding for Rotatec GmbH.

Customers can place a binding order for the products they have selected via our online shop. Selected products can be added to the “shopping cart,” but this does not constitute a binding order. An order becomes binding only when the customer clicks the “Order with obligation to pay” button at the end of the ordering process. Before submitting the order, the customer can modify and review the details at any time, recognize any input errors, and correct them before finalizing the binding order.

An order confirmation is automatically sent to the customer via email without delay. This confirmation email contains the order details and the GTC accepted during the ordering process. However, the confirmation email is for informational purposes only and does not constitute the conclusion of a purchase contract. By submitting the order, you confirm that you have read and unconditionally agree to the GTC. We recommend printing or saving the GTC for reference and documentation purposes.

Once you have placed a binding order, Rotatec GmbH reserves the right, at its sole discretion, to either accept or reject the order by sending a corresponding notification via email without assuming any liability towards you or third parties. Any payment already made will be refunded in the event of order cancellation. Possible reasons for rejecting an order include, for example, if a product is no longer available, if we cannot obtain authorization for the customer’s payment, or if there is reason to believe that the customer is violating these GTC, individual contracts, engaging in fraudulent or other criminal activities, or for any other important reason.

A binding purchase contract with the customer is only established once the ordered goods have been shipped.

Any commercial distribution or resale of our products is strictly prohibited.

3. Availability and Reservation of Performance for Unavailable Products

All information regarding the availability of our products, as well as the shipping and delivery of our goods, is preliminary and serves as an approximate guideline. These do not constitute binding or guaranteed shipping or delivery dates. Any liability for unavailable goods or delays in shipping or delivery is expressly excluded.

Our products are available while supplies last. If Rotatec GmbH determines during order processing that the goods you have ordered are unavailable, we will inform you immediately. In this case, no contract will be concluded for the unavailable goods, as they cannot be delivered.

Furthermore, we reserve the right to limit the quantity of items that a customer may purchase. In such cases, we will notify the customer accordingly via email.

4. Prices and Shipping Costs

Our products and prices correspond to those listed on the website. All prices are quoted in CHF (Swiss Francs) or Euros and include the applicable value-added tax (VAT). The total price of your order, including any potential additional and shipping costs and the VAT applicable to the respective country, will be displayed at the end of the ordering process. For shipments to countries outside Switzerland, no customs fees will apply. These will be paid by the seller.

By placing a binding order, you confirm that you agree with the total price for the ordered products. After placing the binding order, the price cannot be adjusted.

Rotatec GmbH reserves the right to change prices at any time. Products will be charged based on the prices available at the time the binding order is placed.

5. Payment Terms / Credit Check

Orders are generally due for payment immediately

The customer has the option to pay using the payment methods displayed on the website or during the order process. These payment methods may change from time to time and may vary depending on the country. Furthermore, we reserve the right to exclude certain payment methods in individual cases and refer the customer to other payment methods used by us (e.g., to secure our credit risk, only those methods that correspond to the customer’s creditworthiness). Rotatec GmbH is expressly authorized by the customer to perform credit checks at its discretion and, for this purpose, to disclose customer data to third parties.

By choosing a payment method, the customer authorizes the payment either by entering credit card details or by providing access credentials of a payment service provider. The customer grants Rotatec GmbH permission to collect the payment using the chosen method. If a chargeback occurs, Rotatec GmbH is entitled to reimbursement of any associated costs and bank processing fees. Furthermore, Rotatec GmbH is not responsible for any fees or other amounts that may be charged to you by the card issuer or your bank as a result of processing your payment according to your order.

When paying by credit card or an alternative payment method, we reserve the right to verify the validity of the card, check the availability parameters for collection, and verify address information. We may also request authorization from the card issuer or payment provider. You further confirm that the credit card is valid and the payment information entered is correct. If the payment is declined, Rotatec GmbH reserves the right to cancel the order and halt the shipment of products. In this case, we will contact you immediately.

When paying by invoice, the customer will receive the invoice with a payment slip either with the delivery of the goods or via email. Payment must be made using the payment slip within the payment period indicated on the invoice. If payment is not made on time, Rotatec GmbH is entitled to charge for each reminder at least CHF 50, plus additional costs associated with debt collection, as well as statutory interest on arrears. Should it become necessary to initiate debt collection proceedings, an additional handling fee of at least CHF 200 will be charged.

6. Delivery Terms

Delivery is generally carried out via the delivery service of the Swiss Post AG. For deliveries within Switzerland, shipping costs will be borne by the buyer. For deliveries to the EU, the following delivery service providers will be 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.

Goods ordered from our online shop that are in stock will be delivered to you, depending on the destination, within 1–9 working days after receipt of full payment. You can use the tracking number to check the current location of your order.

If the products are marked as out of stock at the time of ordering, Rotatec GmbH will make every effort to deliver the goods as soon as possible. Rotatec GmbH will take all necessary steps to meet the indicated delivery times. However, Rotatec GmbH is not responsible for any delivery delays, regardless of the cause. We will inform you immediately of any delivery delays that occur.

If the delay in performance lasts more than 4 weeks after the original delivery date, the customer is entitled to cancel their order. Further claims, especially claims for damages, are excluded.

If the delivery fails due to the customer’s fault despite two delivery attempts, Rotatec GmbH may withdraw from the contract. Any payments made will be refunded immediately.

7. Retention of Title

Rotatec GmbH remains the owner of the delivered goods until full payment has been made.

8. Right of Withdrawal and Return Policy

Conditions

For all purchases of our goods through our online shop (except for certain products; see the withdrawal restrictions below), you, as a consumer, have the right to withdraw from the contract without giving any reason within 14 days of receiving the goods. You can withdraw from the contract within 14 days after receiving the goods or a third party designated by you, who is not the carrier, by returning the goods to us at Rotatec GmbH, Hintere Achmühlstraße 1a, 6850 Dornbirn, Austria, and providing any additional details via email or by sending us a clear statement of withdrawal in text form (e.g., a letter sent by post, email, or fax) about your decision to withdraw from the contract. The 14-day return period begins the day after receipt of the goods and is considered met if the goods or the withdrawal notification are handed over for return or shipping to the post or another carrier on the last day. You can use the model withdrawal form available at the end of this document, but it is not mandatory.

To exercise the right of withdrawal, you must return the goods unused, complete, and intact, in their original packaging. The goods, along with the completed return slip, must be returned to the following address: Rotatec GmbH, Hintere Achmühlstraße 1a, 6850 Dornbirn, Austria.

Rotatec GmbH, Hintere Achmühlerstraße 1a, 6850 Dornbirn, Österreich

Consequences of Withdrawal

If you withdraw from the contract and properly return the goods, we will refund the total price paid by you, including delivery costs (except for costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than 14 days from the day we receive your withdrawal notification or the goods have arrived at our location. The refund will be made using the same payment method originally used, and will be transferred to the corresponding account used for the payment, unless expressly agreed otherwise; in no case will you be charged any fees for this refund. Please ensure you have access to the specified account, as Rotatec GmbH is not liable in this regard.

We may refuse to refund until we have received the goods back or you have provided proof that the goods have been returned, whichever is earlier.

You will be responsible for any decrease in value of the goods only if the decrease is due to handling them in a way that was not necessary to examine the nature, characteristics, and functioning of the goods.

Withdrawal Restrictions

The right of withdrawal is excluded in the following contracts:

Delivery of products that have been custom-made or clearly tailored to your specifications (so-called customized or individualized products);
When the delivery involves products that are not suitable for return due to health or hygiene reasons, and whose packaging has been opened after delivery.

9. Complaints/Warranty

Rotatec GmbH warrants that the goods correspond to the agreed specifications and are free from any defects that would impair their value or suitability for the intended use.

The customer must immediately check the products upon receipt for correctness, completeness, and any possible damage. Any defects or damages must be reported to Rotatec GmbH within 5 working days. Defects that could not be detected during a proper inspection and appear later must be reported in writing immediately upon discovery. If you fail to inspect or report the defect promptly, the product will be considered accepted, and you will no longer be entitled to make claims against us.

The statutory warranty provisions apply for defects due to manufacturing/material or production errors. The warranty period is 2 years from receipt of the product. Products that have been damaged due to the buyer’s own fault (e.g., using the instruments on incorrect materials, at the wrong speed, with excessive pressure, off-label use, etc.) are excluded from the warranty.

The warranty claims of the customer are limited to replacement delivery or repair/remedy, excluding all other claims, especially claims for reduction in price or compensation for indirect or consequential damages. Rotatec GmbH will decide at its own discretion whether to offer replacement delivery or repair. If the replacement delivery or repair fails, the customer is entitled to withdraw from the contract in the case of significant defects.

For complaints or service inquiries, please contact us at the following address, providing your order number, customer number, a description of the defect, 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, along 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 ensure that you obtain confirmation of your return and keep this confirmation, as in the event of a package loss, your warranty claim cannot be processed.

10. Registration for an Account

By registering a customer account, you can view information about your completed, open, and recently shipped orders, as well as manage and store your address details, payment information, and any newsletter subscriptions. Since your data is stored, you do not need to re-enter it for a subsequent purchase.

When registering for such an account, you are responsible for providing accurate and complete personal data required for the registration. You are obligated to keep your personal access data confidential and not disclose it to unauthorized third parties. Rotatec GmbH ensures that your data is treated confidentially and will not be shared with unauthorized third parties. For more information on data protection, please refer to our Privacy Policy at https://rotatec-swiss.com/datenschutz/.

Registration is free of charge. Each customer is only allowed to maintain one customer account. We reserve the right to delete multiple applications and warn, block, or delete or modify the content of registered customers who violate these terms and conditions or individual agreements.

Rotatec GmbH is not obligated to accept the registration or the order of a registered customer.

11. Complaints and Grievances

We place great importance on customer satisfaction. You can contact us anytime using the contact information provided at the beginning. We strive to review your inquiries and complaints as quickly as possible and will get in touch with you after receiving your documents or complaint. If you have complaints or grievances, please help us by providing the exact issue or signs of malfunction, and if possible, provide a copy of the order documents or at least the order number, customer number, etc. We aim to respond within 5 working days.

12. Liability

Rotatec GmbH is liable for damages caused by intentional wrongdoing or gross negligence in the breach of its duties under these Terms and Conditions (T&C) and related contractual relationships. Liability for slight or moderate negligence, as well as for indirect and consequential damages, is explicitly excluded. Indirect damages include, for example, lost profit, financial damage, reputational damage, damages from computer viruses, or data loss due to temporary disruptions or interruptions in the availability of Rotatec GmbH’s services. Furthermore, Rotatec GmbH assumes no contractual or non-contractual liability for damages caused by third-party assistants involved in the performance of services.

The above exclusions and limitations of liability do not apply to cases where Rotatec GmbH is directly responsible for harm to life, body, or health, or where mandatory legal provisions, including those of the Product Liability Act, apply.

Subject to the foregoing, Rotatec GmbH’s total liability under these T&C, regardless of the reason, and to the extent permitted by law, is limited to the price of the goods ordered by the customer.

Events Beyond Our Control

In the event of an occurrence outside our control and influence (so-called “force majeure”), we assume no liability or responsibility for failure to fulfill or delayed performance of any obligations under these T&C and the associated contractual relationship. Force majeure events include, but are not limited to:

strikes, blockades, or other industrial actions 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 unavailability of rail, shipping, air, or road transportation, or other means of public or private transport.

If an event outside our control occurs that affects our ability to fulfill our obligations under the contract, we will inform you as soon as possible.

13. Data Protection

Rotatec GmbH collects and processes personal data only within the scope of legal requirements, particularly in compliance with applicable data protection laws. For further information on the processing of your personal data, your rights, and related matters, please refer to our Privacy Policy at https://rotatec-swiss.com/datenschutz/, which forms an integral part of these T&C.

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, modification, 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 corresponding rights holder expressly reserve all such rights.

15. Online Dispute Resolution

Should any provision of these T&C be or become unlawful, invalid, or unenforceable for any reason, the validity of the remaining provisions shall not be affected. If no other agreement is made, the invalid provision shall be replaced by a valid provision that most closely reflects the economic purpose of the original provision and the intent of the parties at the time the contract was concluded. The same applies to any gaps in these T&C.

16. Streitschlichtung online

The European Commission has established an online platform for alternative dispute resolution (ADR) for consumers residing in the EU. This platform provides an out-of-court procedure for resolving disputes arising from online sales contracts. You may use this platform to resolve disputes arising from your online contract with us. The platform is available at the following link: http://ec.europa.eu/consumers/odr/.

17. Applicable Law and Jurisdiction

These T&C, the contractual relationships based on them, and any disputes are governed exclusively by the substantive laws of Switzerland, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For natural persons, the competent court is the seat of Rotatec GmbH or the customer’s place of residence. For legal entities, the exclusive place of jurisdiction is the seat of Rotatec GmbH.

These provisions apply only to the extent that there are no mandatory provisions of the law of the state in which the consumer has their usual residence that take precedence over these T&C.

Sample Withdrawal Form for Physical Products

If you wish to cancel the contract, please fill out this form and send it back to:

Rotatec GmbH
Rütistrasse 6, 9050, Appenzell, Switzerland, Mail: info@rotatec-gmbh.ch

I/we* hereby cancel the contract concluded by me/us* for the purchase of the following goods:

___________________________________________________________________________

Ordered on:

_______________________________

Received on: