Terms and Conditions
Last updated in August 2023
These GTC apply to all offers from WINTER Medizintechnik AG, including through Biomag Switzerland. Purchases via our online shop are additionally subject to the terms and conditions published there.
General Terms and Conditions of WINTER Medizintechnik AG
1. General Points
1.1. WINTER Medizintechnik AG has its headquarters at Oberdorfstrasse 68, 9100 Herisau. The 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 via the secretariat of WINTER Medizintechnik AG, Oberdorfstrasse 68, 9100 Herisau or by email to info@wintermed.ch.
2. Offer
2.1. The range of products and services offered by WINTER Medizintechnik AG is aimed at legally competent customers over the age of 18 residing in Switzerland. Offers from WINTER Medizintechnik AG are subject to change and are not to be understood as binding offers.
2.2. The customer receives an order confirmation, which is not binding. WINTER Medizintechnik AG reserves the right in particular not to accept orders if more than standard household quantities of an item are ordered. An order only comes into effect upon confirmation of dispatch 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 headquarters. If, after confirmation of the receipt of the order, 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 specified in the offer or in the order confirmation is only an approximation and is not binding. If a delivery period cannot be met by WINTER Medizintechnik AG, the customer may withdraw from the order 30 days after the order confirmation upon written notice to the secretariat.
3.3. WINTER Medizintechnik AG is entitled to make partial deliveries. If a portion 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 expense and risk of the customer. In principle, delivery is only made to the curb/PO Box of the customer.
3.5. If a collection period is set, the customer must collect the ordered goods within four weeks of notification at our headquarters 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 as quickly as possible, but at the latest within 5 calendar days of delivery, to the transport company carrying out the delivery and to WINTER Medizintechnik AG. 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 has been placed will not be taken into account.
4.2. All prices of WINTER Medizintechnik AG are in Swiss francs, including value added tax (VAT) and advanced recycling fee (ARF). Additional costs (e.g. shipping costs, packaging costs, surcharges for certain payment methods, minimum quantity surcharge, transport guarantee, services) are not included in the price and are shown separately and may be charged additionally. Technical modifications, errors and printing errors reserved.
5. Payment and Retention of Title
5.1. The payment methods specified on www.wintermed.ch apply. WINTER Medizintechnik AG may exclude individual payment methods in general or for individual customers without further explanation. WINTER Medizintechnik AG has the right to levy surcharges on individual payment methods.
5.2. When purchasing with debit and credit cards, the charge is made at the time of the order. The data for payment via credit and debit cards is transmitted in encrypted form.
When purchasing by advance payment, the order is only triggered once the corresponding payment has been received by WINTER Medizintechnik AG. The desired items cannot be reserved during this period. In the event of tight product availability, it may happen that the goods cannot be delivered immediately by the time the order is triggered. If the payment has not been received by WINTER Medizintechnik AG within 5 days, WINTER Medizintechnik AG can cancel the order. If it is agreed that the ordered goods will 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 amount (including all surcharges) has been received by WINTER Medizintechnik AG. The customer undertakes to treat the products with care as long as they remain the property of WINTER Medizintechnik AG.
5.4 For payments on account, administrative fees of CHF 15.00 per reminder may be charged if the payment term is not met.
6. Warranty and Repairs
6.1. Right of Return and Exchange
The customer does not have a general right of return and exchange. For individual items, a right of return exists subject to compliance with the return conditions. Exchange is excluded. The delivery note or the printed and enclosed invoice serves as the warranty certificate. This must be kept carefully.
In any case, the return must be requested in writing via email or via telephone number 071 761 01 02.
A return is only possible up to 2 weeks (14 calendar days) after receipt of the goods. The delivery date is decisive.
The goods must be returned in their original packaging, complete with all accessories and accompanied by the delivery note/warranty certificate. It is carried out at the expense and risk of the customer – WINTER Medizintechnik AG recommends shipping via registered mail with the additional service "Assurance".
6.2 Procedure for Defective Products
The customer can claim a defect in the product, provided there are no grounds for exclusion. Reasons for exclusion can include elemental damage, moisture damage, impact or fall damage, natural wear and tear, handling errors, damage due to external influences. Wear parts are excluded from the warranty.
If there is a defect that does not fall under the exclusion reasons, the customer can contact the secretariat 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 will not be collected. The customer must send the defective product to the designated service center at their own expense and risk or deliver it to the designated location. The products must be sent in or delivered in person with all accessories in the original packaging accompanied by the sales receipt. If the original packaging is missing, the product must be packed in a manner suitable for transport.
Returned products that do not fall within the warranty period, are sent to the wrong address, whose return was not agreed upon and/or whose packaging was defective or where the accessories are missing, can be returned by WINTER Medizintechnik AG. Compensation for expenses may be claimed.
If it is determined that a submitted product is not covered by the warranty, a cost estimate for the expected repair costs will automatically be created. This will be invoiced to the customer with a flat fee of CHF 40.– plus VAT. If the customer decides to proceed with a repair, the flat fee for the cost estimate will be credited. If the customer does not respond to the cost estimate, the product will be disposed of. If the customer wants the product returned unrepaired, the corresponding shipping costs will also be added.
6.3 Warranty Period and Manufacturer's Warranty
The warranty period is visible on the delivery note for each item. This is at least 2 years for new products. The warranty replacement or warranty repair does not lead to an extension of the original warranty period. The statutory warranty obligation is not restricted by the warranty.
The warranty period begins at the time of delivery. In the event of a possible waiting period until delivery, the warranty period does not yet run. In this respect, in the case of a partial delivery, the warranty period of several products ordered at the same time may differ.
The decision on the type of remedy of defects usually 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 will be adjusted to the current value of the defective product. The defective product or replaced parts become the property of the manufacturer. If a product is repaired or replaced, this does not lead to an extension of the original warranty period.
If the manufacturer decides to offer a monetary credit instead of a repair or a replacement product, this will be adjusted to the current value of the defective product. Under no circumstances will the credit be higher than the purchase price, taking 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 are not covered by the warranty, the return shipping is carried out at the expense and risk of the customer. Furthermore, compensation for expenses may be charged.
7. Liability
Claims for damages from impossibility of performance, from breach of contract, from negligence when concluding the contract and from tort are excluded, unless intentional or grossly negligent action is present. Liability for indirect damage and consequential damage resulting from use, due to faulty performance or failure of performance is excluded.
8. Data Protection
8.1 Privacy Policy of WINTER Medizintechnik AG
For all visits to the website www.wintermed.ch, the privacy policy of WINTER Medizintechnik AG applies
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. Regardless of an order, the customer must state, in addition to the username (email), their official first name and family name, the residential address reported to 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 saved regardless 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 will only be 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 analyzed and used for marketing and promotional purposes. WINTER Medizintechnik AG is not interested in the purchasing behavior of individual people. With targeted evaluations, WINTER Medizintechnik AG forms target groups, which make it possible to inform customers individually about offers and other services.
However, the customer has the option to opt out of advertising at any time. Should you decide that you no longer wish to receive advertising, you can report this to the secretariat. Such an opt-out only refers to advertising in connection with WINTER Medizintechnik AG.
Each customer can subscribe to an electronic newsletter, which they can easily unsubscribe from at any time.
WINTER Medizintechnik AG uses Google Analytics and so-called cookies, text files that are stored on your computer and that enable an analysis of your use of the website.
8.4 Data Disclosure
WINTER Medizintechnik AG rules out disclosing data to third parties.
8.5 Retention Obligation / Deletion of Data
The data will be kept for 10 years after the end of the contractual relationship and then deleted.
9. Place of Jurisdiction, Applicable Law
These General Terms and Conditions may be changed at any time. Swiss law is exclusively applicable. The place of jurisdiction is at the registered office of WINTER Medizintechnik AG in Herisau.