General Terms and Conditions & Terms of Use
1. Subject matter of the contract
Top Caredent AG / GmbH sells goods to the customer (hereinafter referred to as “customer”) in accordance with the delivery and sales conditions (GTC) listed below.
2. Conclusion of contract
The contract between the customer and Top Caredent AG / GmbH is only concluded when the customer places an order and Top Caredent AG / GmbH accepts it. The customer's order is placed by telephone, in writing or by email. Top Caredent AG / GmbH 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 about the goods that the customer receives during the ordering process is non-binding. In particular, we reserve the right to make changes in design and technology that improve the functionality of a product, as well as errors in description, illustration and price information. The prices given are valid for the current time. Periodic price changes are reserved. All technical information about the individual goods is based on the information provided by the manufacturer and is binding within this framework.
4. Delivery conditions
If in stock, the products are usually delivered to the address provided 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 stock backlogs or supply bottlenecks are permitted and are generally postage-free. Delivery only while stocks last.
Delivery and packaging costs are:
– For private individuals CHF 5 / EUR 3.50 for orders up to a goods value 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 goods value of CHF 250 / EUR 300 (from CHF 250 / EUR 300 the shipment is postage free)
In the event of externally visible damage to the ordered goods, compensation will only be paid upon presentation of a certificate from the respective carrier.
5. Terms of payment
The catalogue prices are guide prices and are constantly adjusted to the market. They are in Swiss francs (CHF) / euros (EUR) including statutory VAT. Payment must be made net within 14 days of invoicing. From the second reminder onwards, a reminder fee of CHF 10 / EUR 10 will be charged. Top Caredent AG / GmbH reserves the right to only deliver to new customers (and existing customers) against advance payment or cash payment. Delivery when paying in euros is only made to EU countries. Delivery when paying in CHF is only made to Switzerland and Liechtenstein.
6. Retention of title
The delivered goods remain the property of Top Caredent AG / GmbH until full payment has been made. Top Caredent AG / GmbH is entitled to make a corresponding entry in the retention of title register in accordance with Art. 715 f. of the Swiss Civil Code. If the customer defaults on payment of the purchase price, Top Caredent AG / GmbH is entitled to withdraw from the contract (declaration of withdrawal) and take possession of the goods.
7. Right of return
The customer has the right to cancel the contract within 7 working days without giving reasons 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 / EUR 20. The right of return begins when the goods are received by the customer. The customer also bears the costs of the return. The right of return only applies if the original packaging is unopened. Articles with price reductions and those that were specially made at the customer's request are generally excluded from the right of return. If the customer has returned the goods on time and correctly, he will receive a credit from Top Caredent AG / GmbH or, if requested, a replacement delivery.
8. Warranty and Liability
To the extent permitted by law, liability for damages is excluded. In particular, Top Caredent AG / GmbH is not liable for damages resulting from improper use or natural wear and tear or for damages that did not occur on the delivered item itself (consequential damages).
9. Intellectual Property
Top Caredent AG / GmbH reserves all rights to every design, every text, every graphic on its 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 / GmbH. All trademarks, product names or company names and company logos cited in the print and online media are the sole property of the respective authorized persons. Top Caredent AG / GmbH reserves ownership and copyright to images, drawings, calculations and other documents. Before passing them on to third parties, the customer must obtain the express written consent of Top Caredent AG / GmbH.
10th Newsletter
By providing the customer's email address during the ordering process, the customer agrees that Top Caredent AG / GmbH will regularly send the customer information about the product range by email. This also applies to events and consulting services. Consent can be revoked at any time by email.
11. Place of jurisdiction and applicable law
These General Terms and Conditions and the contracts concluded on the basis of these General Terms and Conditions are subject to Swiss law in Switzerland and Liechtenstein and to German law in Germany. The place of jurisdiction is Zurich.
Disclaimer
1. Content of the online offer
Liability claims against Top Caredent AG / GmbH, which refer to damages of a material or immaterial nature 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 / GmbH can be proven to have acted intentionally or with gross negligence. All offers are non-binding and subject to change. Top Caredent AG / GmbH reserves the express right to change, add to or delete parts of the pages or the entire offer, or to temporarily or permanently stop publication thereof without prior notice.
2. Copyright and trademark law
Top Caredent AG / GmbH endeavors to respect copyright in all publications, to use graphics, audio documents, video sequences and texts created by itself or to use license-free documents. The copyright for published objects created by Top Caredent AG / GmbH remains solely with the authors of the pages. Reproduction or use of such graphics, audio documents, video sequences and texts in other electronic or printed publications is not permitted without the express consent of Top Caredent AG / GmbH.
3. Data protection
The entry of personal or business data (email addresses, names, addresses, telephone numbers) is on an expressly voluntary basis. The data will not be passed on. The use and payment of all services offered is permitted, as far as technically possible and reasonable, without providing such data or by providing anonymized data or a pseudonym.
4. Severability Clause
If parts or individual formulations of this text do 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.