1. General
1.1 These General Terms and Conditions of Sale and Delivery (GTC) apply to the company esthetic med GmbH, Chli Ebnet 3, 6403 Küssnacht am Rigi.
1.2 Deviating general terms and conditions of the buyer shall only apply if esthetic med GmbH has expressly agreed to them in writing.
2. Offers and Contracts
If offers from esthetic med GmbH do not specify a validity period, they are non-binding and only become legally binding upon written confirmation of the order by esthetic med GmbH or upon delivery of the goods.
3. Prices
Delivery is made at the prices stated in the current price list. All prices are in Swiss francs and are subject to VAT, which must be paid by the buyer as required by law.
4. Payment and Offsetting
4.1 Goods must be paid for no later than the due date specified in the invoice, within 30 days from the invoice date, without any deduction.
4.2 In case of late payment, esthetic med GmbH is entitled to charge interest at the usual bank overdraft rates, but at least 8% per annum. Any collection costs shall be borne by the defaulting buyer.
5. Delivery, Shipping, and Acceptance
5.1 Goods are delivered either by shipping or by personal handover to the customer. Shipping costs for express and special urgent deliveries may be charged as a flat-rate fee.
5.2 Events of force majeure entitle esthetic med GmbH to postpone delivery for the duration of the disruption or to withdraw from the contract in whole or in part without any claims arising against esthetic med GmbH. Force majeure includes all circumstances that temporarily make the performance of the service impossible or excessively difficult, such as strikes, mobilization, war, war-like conditions, blockades, export bans, traffic restrictions, official measures, energy and raw material shortages, and natural disasters.
5.3 Partial deliveries are permitted.
6. Retention of Title
6.1 All delivered goods remain the property of esthetic med GmbH until full payment has been made. The seller is entitled to register the retention of title in the property retention register at the buyer’s registered office in accordance with Article 715 of the Swiss Civil Code (ZGB).
7. Complaints and Warranty
7.1 The scope of the warranty is determined by the applicable product specifications, where relevant, for the specified shelf life.
7.2 The buyer is obliged to inspect the delivered goods immediately upon receipt. Complaints must be made in writing within 14 days of receipt of the goods, and hidden defects must be reported immediately upon discovery, stating the order date and invoice number and, if possible, including a sample of the defective product.
7.3 If a complaint is justified, we will provide a warranty exclusively by repairing or replacing the defective goods at our discretion.
7.4 Any warranty is excluded if the technical specifications and application instructions set by us or the manufacturer are not followed, if any modifications or repairs are carried out by unauthorized persons, or if the goods are handled improperly.
7.5 Sterile products that have been opened by mistake cannot be returned.
8. Liability
8.1 Claims by the buyer for direct or indirect damages against esthetic med GmbH, its employees, or its agents—regardless of the legal basis—are excluded.
8.2 In the event of a delivery delay, the buyer remains obliged to accept the goods, subject to the provisions of section 5.3.
8.3 In accordance with section 7.4, any liability for damages is excluded if it cannot be ruled out that the damage was caused by the circumstances mentioned there.
9. Returns and Warranty
9.1 Delivered goods may not be returned or exchanged without prior approval from esthetic med GmbH. Approved returns will be credited at the sales price. Products in sterile packaging and goods delivered more than three months ago cannot be returned or exchanged. All returns are at the buyer’s expense and risk.
9.2 For delivered devices, esthetic med GmbH provides a 24-month warranty from the delivery date for material and construction defects. The warranty covers the repair or replacement of defective parts of the purchased item. Excluded from the warranty are all parts subject to normal wear and tear.
10. Applicable Law and Jurisdiction
10.1 The place of performance for delivery and payment and the exclusive place of jurisdiction for both contracting parties is Küssnacht am Rigi (SZ). Customers with a registered office or residence outside Switzerland recognize the debt enforcement office in Küssnacht am Rigi as the place of debt enforcement for all claims arising from their contracts with esthetic med GmbH.
10.2 Swiss law shall apply exclusively.
In effect since: 01.01.2023
