General terms and conditions

General terms and conditions & terms of use

1. Object of the contract

Top Caredent AG sells the customer (hereinafter referred to as “customer”) goods under the delivery and sales conditions (GTC) listed below.

2. Conclusion of contract

The contract between the customer and Top Caredent AG only comes into existence through a customer’s order and its acceptance by Top Caredent AG. The customer’s order is placed by phone, in writing or by email. Top Caredent AG accepts the order by (a) sending the customer an order confirmation (by fax, email or letter) or (b) delivering the ordered goods with an invoice / delivery note in accordance with the payment and delivery conditions specified in point 4.

3. Product range

All information on the goods that the customer receives as part of the ordering process is non-binding. In particular, changes in design and technology that improve the functionality of a product, as well as errors in the description, illustration and price, are reserved. The prices are valid for the current time. Periodic price changes are reserved. All technical information on the individual goods is based on the information provided by the manufacturers and is binding in this context.

4. Terms of delivery

If in stock, the products are usually delivered to the address specified by the customer within 23 working days (Switzerland & Liechtenstein). Delivery dates are subject to timely and correct delivery by our suppliers. Partial deliveries due to inventory shortages or supply bottlenecks are permitted and are generally free of postage. Available while stocks last.
Delivery and packaging costs are:

– For private individuals CHF 5 / EUR 3.50 for orders up to a value of goods of CHF 45 / EUR 30 (from CHF 45 / EUR 30 the shipment is postage free)
– For dentists, clinics and DH practices CHF 10 / EUR 6 for orders up to a value of CHF 250 / EUR 300 (from CHF 250 / EUR 300 the shipment is postage free)

In the case of externally visible damage to the ordered goods, the damage settlement is only possible with a certificate from the respective carrier.

5. Terms of payment

The catalog prices are guide prices and are continuously adapted to the market. They are in Swiss Francs (CHF) including VAT. Payment must generally be made net within 14 days of the invoice being issued. A reminder fee of CHF 10 is charged from the second reminder. Top Caredent AG reserves the right to supply new customers (and also existing customers) only against prepayment or cash payment.

6. Retention of title

The delivered goods remain the property of Top Caredent AG until full payment. This is entitled to make a corresponding entry in the retention of title register in accordance with Art. 715 f. ZGB. If the customer is in arrears with the payment of the purchase price, Top Caredent AG is entitled to withdraw from the contract (declaration of withdrawal) and to take possession of the goods.

7. Right of return

The customer has the right to withdraw from the contract without giving a reason within 7 working days and to return the goods. The delivered goods must be returned undamaged, functional, complete and in perfect original packaging with the invoice number noted. If the above conditions are not met, we charge a processing fee of CHF 20. The right of return begins with the receipt of the goods by the customer. This also bears the cost of the return. The right of return only applies to unopened original packaging. The right of return generally excludes items with price reductions as well as those that have been specially made on customer request. If the customer has returned the goods properly and on time, Top Caredent AG will send them a credit note or, if requested, a replacement delivery.

8. Warranty for defects and liability

To the extent permitted by law, liability for damages is excluded. In particular, Top Caredent AG is not liable for damage that can be attributed to improper use or natural wear and tear or for damage that has not occurred to the delivery item itself (consequential damage caused by a defect).

9. Intellectual property

Top Caredent AG reserves all rights for every design, every text, every graphic on their print and online media. Copying or any other reproduction of the entire print and online media or parts thereof is only permitted for the purpose of placing an order with Top Caredent AG. All trademarks, product names or company names and company logos quoted in the print and online media are the sole property of their respective owners. Top Caredent AG reserves the property rights and copyrights to illustrations, drawings, calculations and other documents. Before passing them on to third parties, the customer must obtain the express written consent of Top Caredent AG.

10. Place of jurisdiction and applicable law

The present general terms and conditions and the contracts concluded on the basis of these general terms and conditions are subject to Swiss law. The place of jurisdiction is Zurich.

11. Final provisions

Should individual provisions of these general terms and conditions be or become ineffective, this does not affect the legal validity of the remaining provisions. Top Caredent AG reserves the right to make changes to these general terms and conditions at any time.

Disclaimer

1. Content of the online offer

Liability claims against Top Caredent AG that relate to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information are fundamentally excluded, unless Top Caredent AG proves intentionally or there is gross negligence. All offers are non-binding. Top Caredent AG expressly reserves the right to change, supplement or delete parts of the pages or the entire offer or to temporarily or permanently cease publication without prior notice.

2. Copyright and trademark law

Top Caredent AG endeavors to observe the copyrights in all publications, to use graphics, sound documents, video sequences and texts it has created, or to use license-free documents. The copyright for published objects created by Top Caredent AG remains solely with the authors of the pages. Duplication or use of such graphics, sound documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of Top Caredent AG.

3. Data protection

The input of personal or business data (email addresses, names, addresses, telephone number) is done on an expressly voluntary basis. The data will not be passed on. The use and payment of all offered services is permitted, as far as technically possible and reasonable, without providing such data or by entering anonymized data or a pseudonym.

4. Severability clause

If parts or individual formulations of this text should not, no longer or not completely correspond to the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity. All rights reserved.