3 Conclusion of the contract
5 Pick-up from business
6 Delivery, dispatch costs
7 Granting of usage rights for digital content and software licences
8 Retention of title, withdrawal from contract
9 Contract term and termination for subscription contracts
10 Due dates and payment
12 Guarantee and liability
14 Data protection, copyright, trademark rights
15 Final provisions
as at 20 January 2020
These General Terms and Conditions (hereinafter GTCs) apply to the business relationship between Ortho Laedi AG (hereinafter ‘Ortho Laedi’) and consumers or companies (hereinafter ‘Customer’ or ‘Customers’) in the currently available and valid version that applies when accessing the website and/or ordering goods presented in the online shop of Ortho Laedi.
These GTCs also apply to contracts relating to supply of digital content, software licences or vouchers unless explicitly agreed otherwise. For delivery of software licences, the vendor is obliged to provide a licence key for use of the software provided. The Customer does not acquire any intellectual property with the software. The respective product description is authoritative in the procurement of the software.
These GTCs may relate to contracts that involve products (goods and services) in the form of one-off deliveries or by means of long-term deliveries (‘subscription contract’). For subscription contracts, Laedi Ortho undertakes to deliver the contractually owed product for the duration of the agreed contract term.
From time to time, the conditions of use of the website, the data protection policy or the current GTCs of the online shop may be adapted, added to or amended. With each new visit to the website, the current, available version of each applies. Please visit this page regularly to see the current provisions. Should we make significant changes to the data protection policy, we shall notify you through a message on our websites and/or in our apps, as well as in an updated version of the data protection policy. If you do not agree with the changed provisions, please send your objection to us by email at firstname.lastname@example.org delete your user profile, if you have created one, before the changes come into effect. If you fail to deregister, your usage profile will continue after the amended provisions come into effect.
A consumer within the meaning of these GTCs is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or their self-employed professional activity. A company within the meaning of these GTCs is a natural or legal person or a legal partnership that acts in the exercise of its commercial or independent professional activity in the course of a legal transaction.
Orders can be placed only by people of 18 years of age and over. Customers under the age of 18 require the signature of their legal guardian.
These GTCs apply exclusively. Conditions of the Customer that conflict with or deviate from these GTCs will not be accepted, unless Laedi Ortho has expressly agreed thereto in writing for an individual case.
Every order for goods requires registration as a Customer or the establishment of a user profile with Laedi Ortho. Multiple registrations under different names and addresses are not permitted.
Laedi Ortho may revoke approval at any time and without stating a reason. In this case, Laedi Ortho is entitled to block and delete the user name and the corresponding password with immediate effect.
3) Conclusion of the contract
The presentation of the Laedi Ortho range in the online shop does not constitute an offer to conclude a purchase contract with the Customer. It is non-binding.
By clicking the ‘Buy now’ button, the Customer makes a binding purchase offer.
By placing an order with Laedi Ortho via the internet (online shop), email, telephone, fax or other communication channel, the Customer submits an offer to conclude a purchase contract with Laedi Ortho. The Customer receives confirmation of receipt of the order (‘order receipt confirmation’). This confirmation does not constitute acceptance of the offer, but merely serves to inform the Customer that the order has been received by Laedi Ortho. Laedi Ortho shall separately indicate to the Customer any possible errors in the information relating to the range on the website and submit a corresponding counter offer.
The contract with Laedi Ortho comes into effect when Laedi Ortho expressly accepts this offer (‘order confirmation’) or when Laedi Ortho sends the ordered product to the Customer.
For the purchase and ordering of goods and services, the prices stated in euros at the time of purchase and order apply. Price changes remain reserved.
Price fluctuations are possible. The authoritative factor is the price at the time of submission of the offer.
Prices do not include value-added tax (VAT) or, where applicable, the advance
recycling fee (vRG).
Prices do not include any additional shipping costs incurred (between Laedi Ortho and the Customer).
5) Pick-up from business
Customers have the option of picking up the goods themselves at an agreed place of business of Laedi Ortho after advance notification by phone.
6) Delivery, dispatch costs
Laedi Ortho shall deliver the ordered goods to the address specified by the Customer in the order or (if selected as payment method) the address stored with PayPal, as soon as possible. Laedi Ortho is entitled to make partial deliveries and partial services at any time, provided that these are reasonable to the Customer. If partial deliveries are made by Laedi Ortho, Laedi Ortho will bear the additional postage costs.
Delivery is charged at the individually itemised shipping costs.
The delivery time within Switzerland is normally one to five working days. Information regarding anticipated delivery times is non-binding.
Digital content, vouchers and software licence keys shall be provided to the Customer exclusively in electronic form (i) by download or (ii) by email at the discretion of Laedi Ortho.
7) Granting of usage rights for digital content and software licences
Unless otherwise stated in the content description in the online shop of Laedi Ortho, Laedi Ortho grants the Customer non-exclusive, local and unlimited right to use of the content provided for both private and business purposes.
The transfer of a licence key for a software licence entitles the Customer to use of the software or content shown in the respective product description and the licence agreement within the scope defined therein.
Transfer of the content to third parties or creation of copies for third parties beyond the scope of these GTCs or the respective licence agreement is not permitted unless the vendor has consented to the transfer of the licence defined by the contract to the third party.
The granting of rights shall become effective only when the Customer has paid the contractually owed remuneration in full.
8) Retention of title, withdrawal from contract
All delivered goods remain the property of Laedi Ortho until payment has been made in full.
Should the Customer act in breach of contract, in particular if the Customer fails to meet their payment obligations despite reminders from Laedi Ortho, Laedi Ortho may withdraw from the contract after a reasonable period has expired and demand the surrender of all goods that are still the property of the vendor. The return of the goods or seizure by Laedi Ortho constitutes withdrawal from the contract. The Customer is to bear any shipping costs incurred. After receipt of the returned goods, Laedi Ortho is authorised to reuse them.
Laedi Ortho reserves the right not to enter into a contract if the result of a credit check is negative.
9) Contract term and termination for subscription contracts
Subscription contracts are concluded for an indefinite period, but at least the minimum term defined in the respective product description in the Laedi Ortho online shop. The subscription contract may be terminated at any time during the minimum term to the end of the minimum term, and at any time after the minimum term has expired with a notice period of 14 days in writing or by fax/email to the address specified in Clause 13.
The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until a notice period has expired, taking into account all the circumstances of the individual case and weighing up the interests of both parties.
10) Due dates and payment
Laedi Ortho accepts only those payment methods displayed to the Customer during the order process (in the online shop). Laedi Ortho reserves the right to specify a different payment method with its Customers than those mentioned in this section.
For payment processing via the online shop, Laedi Ortho uses the Saferpay payment solution from SIX Payment Services AG to enable Customers to make simple and secure payments with credit cards and other means of payment.
For payment using a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europa) Sàrl, et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter ‘PayPal’), subject to the PayPal User Agreement, which can be seen at https://www.paypal.com/ie/webapps/mpp/ua/useragreement-fullor if the Customer does not have a PayPal account, subject to the conditions for payments without a PayPal account, which can be seen at https://www.paypal.com/ie/webapps/mpp/ua/privacywax-full.
Subject to para (38), the purchase price and any shipping costs incurred are due on conclusion of the contract. If prepayment by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
Laedi Ortho may demand prepayment without stating a reason. The order shall be processed after payment is received.
If the Customer is in default, Laedi Ortho is entitled to charge a flat-rate reminder fee as specified in the ordering process. The right of Laedi Ortho to assert higher damages, in particular with regard to the enforcement of the claim by a debt collection agency or a lawyer, remains unaffected.
Vouchers for the Laedi Ortho online shop can be redeemed only before the order process is completed. There can be no subsequent offsetting.
Vouchers shall be redeemed only under the conditions shown on the voucher and only for the product groups indicated on the voucher. Individual products may be excluded from the voucher campaign.
Vouchers or legally permissible discounts (e.g. volume discounts) cannot be applied with cumulative effect within an order. The value of the voucher cannot be paid out in cash.
The voucher is transferable. Laedi Ortho may transfer the voucher to the respective owner who redeems the voucher in the online shop with discharging effect.
The Customer is entitled to revoke their declaration of intention to conclude the contract without stating a reason within a maximum of 30 days following receipt of the goods by return of the goods to Laedi Ortho. The Customer must also communicate the revocation in writing within the same period (e.g. letter, email, fax). This period begins on the day the goods are dispatched or picked up. The timely dispatch of the goods is sufficient for compliance with the revocation period. The written revocation should be sent to the address indicated in Clause 13 or by email to email@example.com. The Customer bears the burden of proof for dispatch of the returned goods.
Revocation is excluded and does not apply to:
Delivery of goods that were made specifically for the Customer or which were clearly tailored to the personal needs of the Customer; here the Customer is obliged to accept and pay for all parts without exception.
Delivery of sealed goods that are not suitable for return for reasons of health or hygiene if the seal was removed after delivery.
Delivery of medicinal products.
Delivery of sound or video recordings or computer software in sealed packages if the seal was removed after delivery.
Contracts for the provision of services in connection with leisure activities, unless otherwise agreed, if the contract for the provision stipulates a specific date or period.
In the event of an effective revocation or withdrawal from the contract, both parties must reimburse the services already received. If the Customer returns the received goods in a deteriorated condition, they must reimburse Laedi Ortho to the extent of the minimum value.
The Customer must bear the cost and risk of the return, unless the delivered goods do not correspond with the order.
Laedi Ortho will exercise its right of retention until the goods have been returned in full.
In the event of exclusion of revocation and return, the Customer must bear the cost of redelivery of the goods if they have been returned to Laedi Ortho.
12) Guarantee and liability
If the delivered goods are defective at the time of transfer of risk, e.g. manufacturing errors, or if the delivery is incorrect, the Customer has the right to rectification or exchange (replacement delivery). If the replacement delivery fails, the Customer may request cancellation of the purchase. The claim expires if the Customer fails to communicate the defect or incorrect delivery to Laedi Ortho by email, telephone, fax or post, within 10 days of receipt of the goods.
Liability is based on the applicable statutory provisions. The liability of Laedi Ortho is excluded in cases of (i) slight negligence, (ii) indirect or consequential damage or lost profit, (iii) unrealised savings, (iv) damage from deliveries and (v) any actions or omissions of Laedi Ortho auxiliary personnel, whether contractual or non-contractual.
Furthermore, Laedi Ortho is not liable for damage that can be attributed to one of the following causes:
Improper, non-contractual or unlawful storage, configuration or use of the products.
Use of incompatible spare parts or accessories (e.g. power supply).
Failure to maintain and/or improper modification or repair of the products by the Customer or a third party.
Force majeure, in particular damage caused by the elements, moisture, falls and impact, etc., that are not the responsibility of Laedi Ortho, or official order.
The service provider commissioned to carry out the work is liable for defects, delay in performance and damage that occurs through the execution of service providers (e.g. installation on site).
The liability of Laedi Ortho is excluded for any printing errors in its advertising material, data errors in the online shop, incorrect pricing, errors in illustrations, product descriptions or other texts such as voucher or discount campaigns, or late or failed delivery.
Provider and contractual partner for the provision of this website:
Laedi Ortho AG, Amlehnstrasse 22, 6010 Kriens, Switzerland
14) Data protection, copyright, trademark rights
The data protection policy forms an integral part of these GTCs. By accepting these GTCs, the Customer also declares their consent to the data protection policy.
All trademark rights, image rights and copyrights remain with Laedi Ortho or its partners. Downloading, saving, copying or printing out data, images or PDF files, including extracts, requires the written approval of Laedi Ortho. All rights are reserved. Further use by the Customer for purposes other than those that serve the purpose of the product is not permitted.
15) Final provisions
All legal relationships between the Customer and Laedi Ortho are subject to Swiss law, to the exclusion of the Vienna Convention.
The jurisdiction is Kriens. Laedi Ortho also has the right to sue the Customer at their place of residence or in any other competent court.
Should individual provisions of these GTCs, including this regulation, be wholly or partially ineffective, or should the conditions contain a gap, the effectiveness of the remaining parts remains unaffected. The ineffective or missing provisions are to be replaced the respective statutory regulations or, where these are not available, provisions that correspond with the meaning of the ineffective provisions.