The client confirms that he agrees to these terms and conditions. He accepts them including the jurisdiction agreement as part of the contract concluded with Swiss3DGuards:
- Purpose and Scope
The purpose of these general terms and conditions (GTC) is to create a clear regulation of the legal relationship between our customers (client) and Swiss3DGuards (“contractor”).
They are fundamentally part of the contract for all work delivery and work contracts (individual contract) that we conclude with our customers. Insofar as written agreements of the individual contract contradict these General Terms and Conditions, they take precedence over the provisions of the General Terms and Conditions. If, for this or another reason, individual provisions of the General Terms and Conditions cannot be applied, the General Terms and Conditions are nevertheless valid overall. Verbal agreements or deviations from the General Terms and Conditions only become legally effective if we confirm them in writing.
- content of the contract
The client can place the order with Swiss3DGuards and/or a representative commissioned by Swiss3DGuards. A contract is concluded when the digital film recording ("Sanning") has been carried out by a client or the client has made this available to Swiss3DGuards for production purposes
If ordered products are not available, the client will be informed within 10 working days. The client can opt for a new product.
The client commissions the contractor with customized products. These are made individually in the selected product, according to the dimensions and the wishes of the customer.
The customer is obliged to check the selected items and shapes, along with special requests, before scanning.
- Order changes after order placement
Change requests can no longer be accepted after the order has been placed.
- delivery time
The delivery times stated in our offers and confirmations are to be regarded as approximate and non-binding. Unforeseeable events of force majeure remain reserved.
The goods will be delivered by mail to the delivery address agreed with the customer or at an agreed place.
With the dispatch of the ordered goods, the risk is transferred to the customer, even in the case of partial deliveries. If the customer does not accept the delivered goods, the contractor has the right to withdraw from the order after a grace period of two weeks has expired without result. All resulting costs are to be borne in full by the customer.
The delivered goods are to be accepted by the customer even in the case of insignificant defects without prejudice to his warranty rights.
The prices offered in writing by Swiss3DGuards at the time of the conclusion of the contract are decisive. They include statutory VAT, exclude postage and packaging in Swiss francs or in the offered or confirmed currency.
The shipping costs are to be borne by the customer. This also applies to repeated sending if the customer does not accept deliveries and the goods are therefore sent again.
The agreed amount for the entire service is due before digital filming or post-production.
If the payment deadline is not met, Swiss3DGuards is entitled to charge the usual interest on arrears.
Payments by credit card, cash or Twint to the contractor's account are accepted. WIR payments are not accepted.
The goods remain the property of the contractor until all goods from the same order have been paid for in full.
- Copyright, pre-production rights and data protection
The customer is liable for any violations of copyright, reproduction and manufacturing rights in relation to his order. Liability of the Swiss3DGuards is excluded.
The client confirms that SwissDGuards is entitled to use the personal data from the scan to create a mouthguard. This also applies in particular if the scanning data is created by a third-party partner of Swiss3DGaurds and is transmitted from the partner to Swiss3DGuards by means of a suitable data transfer.
- subsequent delivery right
Obvious, in particular visible, defects in the delivered goods, including transport damage, must be reported in writing immediately upon delivery, but no later than one week after receipt, with a precise description.
If the goods are defective, the contractor is entitled to make a replacement delivery. If the replacement delivery fails, the customer is entitled to choose between a reduction in the purchase price (reduction) or cancellation of the contract (rescission). In the event of a conversion, the customer is obliged to return the goods in full beforehand.
Defects are to be reported to Swiss3DGuards at the place of business. Instead of the written notification to the above address, a notification by e-mail to: email@example.com is permitted.
The client is expressly informed that 3D printed plastics in particular are living materials and that, despite the most careful processing, there may be differences in shape and design even if the dimensions are the same. The customer therefore acknowledges that minor deviations in quality, color and fit cannot justify a defect in the goods ordered. In the case of digital film recordings made available by the client, the contractor does not guarantee the fit and quality.
- Guarantee and Liability
The Swiss3DGuards guarantee is limited to the quality of the products according to our information. In the case of defective goods, only the value of the goods will be replaced. Claims for damages are excluded.
Our products are designed to protect the client while performing their physical activities. The selection of the product (stiffness, construction, etc.) is the sole responsibility of the customer. Swiss3DGuards rejects any liability from possible accidents (with and without wearing our products) of the client, nor any claims by third parties.
Swiss3DGuards does not carry out any medical, corrective or therapeutic actions for our client and therefore our products are not medical products according to the Swiss Medical Ordinance. The data obtained from the scanning are used neither for analytical nor for diagnostic purposes and only for the production of a mouthguard.
The manufacturing process does not require a permit under Swiss health law.
- Force majeure
If, despite all due care, Swiss3DGuards can no longer meet their contractual obligations due to force majeure such as natural phenomena, acts of war, strikes, unforeseen official restrictions, delivery delays by suppliers, criminal attacks on rooms or the systems of third parties (hackers), etc., the fulfillment of the contract or the date for the fulfillment of the contract is postponed in accordance with the event that has occurred.
- notice of defects
The customer must indicate any defect that he wishes to complain about in writing within 5 days of the delivery date. Swiss3DGuards must be informed in any case before returning the goods. If no notice of defects is received from the customer within this period, the work is deemed to have been approved in accordance with Art. 370 OR.
Customary or minor, technically unavoidable deviations in quality, color or fit cannot be objected to.
- right of withdrawal
The contract concluded between the client and Swiss3DGuards relates to goods or products that are manufactured according to customer specifications and are tailored to personal needs. Due to this nature, the products are not suitable for return. As a result, the application of the right of cancellation and the right of return for the present contractual relationship is excluded.
- Severability Clause
If one or more paragraphs or formulations of these general terms and conditions are or become invalid due to a contract supplemented by Swiss3DGuards and the client, this does not affect the effectiveness of the other provisions and the contract and these general terms and conditions remain effective for both parts. The contractual partners are obliged to replace an ineffective provision with a new provision that comes as close as possible to the economic purpose of the ineffective provision. If an agreement is not possible, the corresponding legal text takes its place.
- Applicable Law
Insofar as these conditions do not contain any deviating rules, the provisions on the contract for work apply to the contracts concluded with Swiss3DGuards.
Swiss law applies exclusively to disputes arising in connection with the assignment.
- Fulfillment and jurisdiction
The place of fulfillment for all services is the place of business of Swiss3DGuards.