These General Terms and Conditions (hereinafter “GTC”) apply to all business relationships between Doetsch Grether AG / Vita HealthCare AG (hereinafter “DGAG”) and its customers (hereinafter “Customer”). Any deviating terms and conditions of the Customer shall not apply unless DGAG has expressly agreed to them in writing.
Should any provision of these GTC prove to be wholly or partially invalid, the contracting parties shall replace such provision with a new agreement that most closely approximates its legal and economic purpose.
DGAG is entitled to amend these General Terms and Conditions at any time.
The contract is concluded upon the Customer’s written submission of an order to DGAG. By entering into a contract, the Customer accepts these General Terms and Conditions. Any terms and conditions of the Customer, of whatever nature, that conflict with these General Terms and Conditions shall be inapplicable in their entirety.
Any deviations from the customer’s order shall become part of the contract unless the customer objects in writing within seven business days of receiving the goods.
All prices are quoted in Swiss francs and exclude statutory value-added tax, unless otherwise stated.
Prices and specifications listed in price lists, brochures, online offers, or similar materials are non-binding.
Our invoices are due within 30 calendar days of the invoice date. The customer may not set off counterclaims against DGAG’s claims without DGAG’s written consent.
In the event of late payment, DGAG is entitled to charge interest on arrears at a rate of 5% above the applicable base interest rate.
The current overview of surcharges and minimum order values may be requested from DGAG at any time.
If the basis for price calculation applied by DGAG changes between the conclusion of the contract and delivery due to unforeseeable circumstances (in particular currency fluctuations and supplier prices), DGAG is entitled to adjust the prices accordingly and to inform the customers accordingly.
The delivered products remain the property of DGAG until full payment has been made. DGAG is entitled to have its retention of title entered in the relevant retention-of-title registry at the customer’s expense.
Delivery will be made to the address specified by the customer. The delivery date stated in the order shall apply. DGAG will make every effort to meet delivery deadlines; however, these cannot be guaranteed. Delays in delivery do not entitle the customer to rescind the contract, claim damages, or receive any other form of compensation.
If DGAG is unable to make the delivery, or to make it on time, due to events for which DGAG is not responsible, DGAG is entitled to withdraw from the contract in whole or in part. In such cases, DGAG also reserves the right to make partial deliveries.
Title and risk shall pass to the customer upon arrival of the shipment at the agreed-upon delivery location (as specified on the order). If shipment is delayed at the customer’s request or for other reasons beyond DGAG’s control, risk shall pass to the customer on the originally scheduled delivery date.
Logistics costs that have not been explicitly agreed upon in writing cannot be billed to DGAG.
If the customer picks up the goods or has them delivered from the loading dock (Planzer or Jogamed), the goods must be picked up no later than 5 business days after the confirmed pickup date. Otherwise, storage costs will be billed to the customer.
The products offered leave DGAG in perfect condition and, as a general rule, cannot be returned or exchanged. The only exceptions to this are goods delivered in error or those that arrive at the customer’s location with defects. In such cases, the customer must report the defects in writing to DGAG within 7 calendar days of receiving the goods. DGAG will then arrange for the return shipment. If a replacement can be delivered, the customer will receive one; otherwise, a refund will be issued. If no notification is received within 7 days, the products are deemed to have been accepted as free of defects.
DGAG is liable only for damages incurred by the customer as a result of intentional or grossly negligent conduct on the part of DGAG. Any further liability is excluded.
DGAG collects and processes the customer’s data in accordance with legal provisions. Further information can be found in DGAG’s Privacy Policy.
Swiss law applies. The application of conflict-of-laws principles and international treaties, such as the UN Convention on Contracts for the International Sale of Goods, is excluded. The exclusive place of jurisdiction is Basel.
Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.