Terms and conditions

1. General

1.1. The General Terms and Conditions (GTC) of Wäfler Diagnostics AG apply to all transactions with our customers, including future transactions. Deviations from these terms and conditions proposed by the customer are only valid if expressly accepted in writing by us.

1.2. The contractual relationship between Wäfler Diagnostics AG and the customer is governed exclusively by the written contract concluded with the customer, the applicable fee provisions, service and product descriptions, and the General Terms and Conditions. The aforementioned contractual components apply in the listed order of descending priority.

1.3. The application of the customer’s general terms and conditions is excluded.

1.4. Verbal or telephone agreements, as well as written and verbal agreements with our representatives, are only binding upon us once they have been confirmed by us in writing. The customer is expressly advised that our sales representatives are not authorized to enter into agreements that deviate from these General Terms and Conditions.

1.5. In our contracts and terms and conditions, Saturday is generally not considered a working day.

2. Establishment of the contractual relationship

2.1. The contractual relationship is established upon a written request from the customer and the written acceptance or “conclusive” acceptance by Wäfler Diagnostics AG upon provision of the intended service.

2.2 Deliveries and services to persons under 16 years of age are generally excluded.

3. Delivery and right of withdrawal

3.1. All delivery dates are agreed to be approximate. We only assume the obligation to comply with the agreed delivery deadline under the condition of uninterrupted business operations.

3.2. The consequences of force majeure or similar unforeseen events affecting us or our suppliers, e.g. operational or traffic disruptions, fire or flood, shortages of labor, energy or raw materials, strikes, lockouts, official measures, release us from the obligation to deliver on time and give us the right to suspend further deliveries without liability for damages and without obligation to make subsequent deliveries.

3.3. The customer’s right of withdrawal cannot be honored for an order already placed. The purchase contract thus entered into must be fulfilled. A return by the customer – even unopened – cannot be asserted as a right of withdrawal.

3.4. We will automatically process any refunds to the account you used for payment. For payments by invoice or advance payment, the refund will be made to the account from which the transfer was made. If you paid via PayPal or credit card, the refund will be made to the associated PayPal or credit card account.

3.5. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders for goods that are only described by their type and characteristics (generic goods). We are only obligated to deliver from our inventory and the goods we order from our suppliers. If deadlines are specified as working days, this means all days from Monday to Friday inclusive, excluding public holidays.

3.6. The shipping of the INSTI HIV test may differ from the original packaging.

3.7. We only deliver within Switzerland and Liechtenstein.

4. Prices and payment terms

4.1.Wäfler Diagnostics AG shall invoice the customer for the services agreed in the contract at the applicable rates and conditions plus statutory VAT.

4.2. The fees are based on the currently valid fee regulations of Wäfler Diagnostics AG

4.3 Wäfler Diagnostics AG is entitled
to change the General Terms and Conditions, the product and service descriptions or the prices at any time.

4.4. Our prices are based on the circumstances prevailing at the time of the quotation, including the regulations in force at that time. Should these conditions change, our prices will also change accordingly.

5. Warranty and Liability

5.1. The warranty period is six months from receipt of the goods. Wäfler Diagnostics AG only provides a warranty for defects that exist at the time of transfer of risk. Minor deviations in quality that are customary in the trade or technically unavoidable do not constitute grounds for warranty claims.

5.2. Any defect in the goods must be reported in writing. Obvious defects must be reported within 5 days of receipt of the goods.

5.3. The use of the products is entirely at the customer’s own risk.

5.4. The products are supplied as they are currently available, without any express or implied warranty, in particular with regard to the infringement of copyright or other rights, merchantability or fitness for a particular purpose.

5.5. Neither Wäfler Diagnostics AG nor any other person involved in the development, manufacture, or provision of the products shall be liable for any damages of any kind, in particular, consequential damages such as lost profits resulting from the use of the service or the impossibility or difficulty of using the service, or as a result of a breach of a warranty obligation. Furthermore, we shall not be liable for lost profits due to delayed or defective delivery, for disadvantages caused by operational disruptions caused thereby, for transport costs incurred in connection with the replacement of defective goods with non-defective goods, for any removal and installation costs, or for claims asserted against the customer’s purchaser, even in cases of gross negligence. Any damages that are nevertheless to be reimbursed and proven due to mandatory statutory provisions are limited to one time the purchase price. We are liable for our own fault and that of our vicarious agents, but not for slight negligence.

5.6. The customer indemnifies Wäfler Diagnostics AG from any liability arising from the use of the product.

5.7 The customer expressly acknowledges that the terms and conditions also apply to deliveries by third parties.

6. Data protection

6.1. Wäfler Diagnostics AG takes data protection seriously and always endeavors to implement all data protection regulations on the hivselbsttest.ch website.

6.2. Personal data will be automatically deleted 14 days after the order has been completed.

7. Miscellaneous

7.1. The place of jurisdiction for both parties shall be the competent court in Switzerland.

7.2 This contract and its implementation shall be governed exclusively by Swiss law.