Terms & Conditions of Use
GENERAL TERMS AND CONDITIONS OF SALE
1. Application
These general terms and conditions of sale govern all sales contracts concluded between A.M.S. SA and its customers. Consequently, placing an order implies the purchaser's full and unreserved acceptance of these general conditions of sale. The fact that A.M.S. SA does not take advantage, at a given time, of any of these general conditions of sale may not be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
2. Order taking
In accordance with industry practice, orders may be placed by telephone, fax, internet or post. For orders placed by internet, the customer confirms their order by clicking on the "next" button after selecting a type of payment; they then accept the ordering process and these terms and conditions of sale. The customer then receives an automatic order confirmation email (this confirmation includes all the details of the order). Our general terms and conditions of sale apply to all our sales. By placing an order, the customer unreservedly accepts our terms and conditions of sale.
The customer has a period of 7 days from the date of delivery to return the product (return costs are at the customer's expense). They will then be reimbursed (excluding postage costs) for the price of the product within one month of receiving it. However, products returned incomplete, damaged or soiled will not be accepted.This right of withdrawal may not be exercised in respect of computer software that has been unsealed. Cash on delivery will not be accepted for any reason whatsoever.
3.Prices
All prices indicated on the www.artmedicalsuisse.ch website are exclusive of VAT, in CHF, ex Martigny and are subject to cash payment without discount. The applicable VAT (7.7% for Switzerland) is shown for taxable persons. These prices may be changed at any time without notice, particularly in the event of changes in tax or economic data. Invoices are drawn up in accordance with the price list in force on the day the order is placed.
4. Payment - Terms and conditions
Our invoices are payable on receipt. Any sum not paid within the maximum period of 30 days will give rise ipso jure, and without prior formal notice, to late payment penalties in the form of late payment interest calculated at 1.7 times the legal interest rate on the day of invoicing of this late payment interest. These penalties will run until full payment has been made.
5. Postage and packing
All prices quoted are ex Martigny and are exclusive of VAT. quotation for any handling and shipping costs can be drawn up and supplied on request.
6. Delivery times
The delivery times indicated in our catalogue, website, quotations and proforma invoices, although determined as accurately as possible, do not constitute a commitment on our part. Any penalty for late delivery is excluded.
Goods travel at the customer's risk and it is the customer's responsibility to check that the goods are in good condition at the time of delivery. This check must cover the references, quantities and quality of the goods, as well as their conformity with the order. No complaint will be taken into account after a period of 7 working days from the date of delivery.
If the goods have been entrusted to a carrier and have suffered loss or damage, the customer must make precise and complete reservations on the transport document and reiterate his reasoned protest in the form and within the time limits stipulated in article 105 of the French Commercial Code.
For bulky goods, it is the customer's responsibility to check the accessibility of the delivery site beforehand (width of doors, corridors, etc.). In the event of accessibility problems, any additional costs incurred (dismantling and/or reassembly of the products, second delivery by the carrier, etc.) will be invoiced in full to the customer.
7. Partial deliveries
Unless otherwise stated on the order form, we will immediately dispatch items constituting homogeneous batches that are usable and available in our warehouses; balance orders will be subject to additional deliveries at a later date.
8. Complaints
In order to be admissible, any complaint concerning the quantities, the forms ordered or the condition of the goods must be addressed to A.M.S. SA within 7 days of receipt of the goods. Any complaint deemed to be justified will give rise to a credit note net of tax.
9. Retention of Title Clause
A.M.S. SA retains ownership of the goods sold until full payment has been received. Failure to pay on any of the due dates may result in the return of the goods at the buyer's risk. These provisions do not prevent the transfer to the buyer of the risks of loss and deterioration of the goods sold as soon as they are delivered. The buyer shall bear all legal and judicial costs resulting from any legal action.
10. Warranty
Artmedicalsuisse.ch sells second-hand products, new hardware and reconditioned products. Unless explicitly stated otherwise, our equipment is guaranteed only when it is put into operation.
For guaranteed machines, please contact us on +41 27 720 41 00 to activate your guarantee. As soon as we receive your appliance, we will contact you within 48 hours to give you a precise repair time. Text and photos are non-contractual.
11. Disputes
Unless A.M.S. SA prefers to bring the matter before any other competent court, any dispute relating to sales (disputes relating to the formation, execution of orders, supply, payment, etc.) will fall within the exclusive jurisdiction of the Courts of the Canton of Valais. This clause applies notwithstanding any clause to the contrary, even in the event of summary proceedings or multiple defendants and regardless of the method or terms of payment.
12. Applicable law
All sales concluded by our company are subject to Swiss law. Contractual information is presented in French and is automatically translated into several languages, including Italian and German. Where applicable, it is the responsibility of the foreign customer to check with the local authorities the possibilities for use of the product he/she intends to order. In the event of a dispute, the Swiss courts shall have sole jurisdiction.
13. Jurisdiction
The courts of the Canton of Valais shall have exclusive jurisdiction over all disputes relating to sales made by our company and to the application or interpretation of these general terms and conditions of sale.
Art Medical Suisse (A.M.S.) SA with capital of CHF 100,000
rue du Simplon, 7 1920 Martigny
CHE-472.835.520
Tel : +41 27 720 41 00
14. Confidentiality
14.1 Personal information
When you place an order, we ask you for your first and last name, your address, your telephone number and your e-mail address. The information you provide will not be passed on to third parties except :
* As part of the processing of your orders: Some of your personal data is communicated to our partners (banks, post office or carrier, etc.) so that they can carry out their duties (processing your payment by credit card, delivery of your order, etc.).
* As part of the fight against fraud: In the event of fraud or attempted fraud on your part, your personal data may be communicated to the courts or to other companies and organisations involved in the fight against bank fraud.
Unless you expressly object, your personal data will be included in our customer file. You have the right to access and rectify this information. To exercise this right, simply contact A.M.S. SA. You can also confirm your request to unsubscribe at the following address: info@artmedicalsuisse.ch
14.2 Cookies
Cookies are small alphanumeric files that are created when you browse websites and stored on your hard drive. These files generally contain information such as your browser type, the pages you viewed on your last visit and so on. They are often used to study your behaviour and preferences, and therefore to offer you products that may be of interest to you.
Please note that you can prevent cookies from being saved by configuring your browser.
On www.artmedicalsuisse.ch, cookies are used in two ways:
* to remember the products you add to your basket or remove from your basket (these cookies are stored on our server and are automatically deleted 24 hours after you visit our site).
* to save your contact details when you place your first order, so that you do not have to provide them again at a later date (this saving is optional and you are free to change your contact details at a later date).
For you to be able to order online from artmedicalsuisse.ch, it is essential that your browser, antivirus software and firewall accept cookies. If this is not the case, you can either temporarily change the settings of your browser, antivirus software and firewall, or place your order by telephone or by post.
14.3 Non-personal information
When you browse www.artmedicalsuisse.ch, the following data is automatically recorded by our server: the IP address that your access provider allocated to your computer when you connected to the Internet; the date and time you arrived at www.artmedicalsuisse.ch; the pages viewed at www.artmedicalsuisse.ch; the date and time you left www.artmedicalsuisse.ch; the type and version of your browser. This information is not personally identifiable and is used for statistical purposes only.
To contact us:
Art Medical Suisse (A.M.S.)
rue du Simplon, 7 1920 Martigny
Tel : +41 27 720 41 00
Email : info@artmedicalsuisse.ch