The general sales conditions (the “General Conditions”) regulate the sales terms and conditions of the products marketed by JUVAPLUS SA (hereafter JUVAPLUS) (The “Products”). All contracts for the sale of products on the part of JUVAPLUS to third parties (the “Customer”) are regulated by the present General Conditions, the latter of which constitute an integral part of every proposal, order and purchase-order confirmation of the products themselves. The sales conditions which apply to your order are those in effect at the time of the order.
The Product(s) will be delivered exclusively in countries where delivery coverage has been previously confirmed by JUVAPLUS.
In certain countries controlled substances are subject to import and export licenses. It is the Customer’s responsibility to verify whether a special permit is required in the importing country for the given product or whether the product is not allowed for importation.
Sales are final once the Customer’s order, by email, by postal mail or on JUVAPLUS website, has been accepted by JUVAPLUS in the form of an order confirmation sent by JUVAPLUS to the Customer. Order confirmations from JUVAPLUS are only valid if written and sent by email or by postal mail. The order confirmation constitutes the sales contract to which the present General Sales Conditions apply. An order confirmed by JUVAPLUS according to the present provisions cannot be modified or cancelled by the Customer. The right to exchange the Product(s) within a week is reserved.
The Customer shall always read the General Sales Conditions before placing an order. Every order implies the acceptance without reserve of the present General Sales Conditions. These apply exclusively, without reserve, to the exclusion of any other conditions or arrangements made by the Customer.
The Product(s) is(are) intended for professional use and for a specific medical purpose. JUVAPLUS will not be held responsible for the use of the Product(s) by unqualified personnel, or for use other than that specified on the User Manual of the Product(s).
It is the responsibility of the Customer to fully and accurately inform the patient about the nature, the significant risks and the anticipated outcome of the medical investigations or treatments involving the use of the Product(s). IN NO CASE SHALL JUVAPLUS BE LIABLE FOR ANY DAMAGE WHATSOEVER OCCURING AS RESULT OF THE OMISSION OF THE CUSTOMER TO OBTAIN APPROPRIATE INFORMED CONSENT FROM THE PATIENT.
JUVAPLUS may at any time modify the present General Sales Conditions. The conditions in force at the time of the order confirmation shall apply to current sales contracts.
2. Validity and contract content
The order is valid if it is placed by postal mail, by e-mail or on the website of JUVAPLUS by a member of any establishment authorized by applicable law to provide health care products or medical services to patients. JUVAPLUS shall not have the obligation to check the Customer’s powers and/or competence to place such order. The contract becomes effective only when confirmed by JUVAPLUS according to the description provided in the order acceptance. In case of divergences between the order acceptance and the order, it is the Customer’s responsibility to inform JUVAPLUS of the nature of the divergences within twenty-four (24) hours from receipt of the order confirmation. If the Customer fails to duly inform JUVAPLUS, the terms of the order confirmation shall apply.
3. Prices, transportation and packaging
Prices indicated are without VAT, including packaging, except transportation costs and insurance. Additional costs necessary for the delivery of the Product(s) to Customer are subject to a separate quotation from JUVAPLUS.
Prices, specifications and other information are subject to change without prior notice.
4. Payment and delivery deadline
Any order shall be payable immediately at the order of the Product(s) unless otherwise specified. No discount will be accepted. Payments by Customer shall be net of fees. Fees, in particular bank fees, shall not be supported by JUVAPLUS and are the Customer’s sole responsibility.
JUVAPLUS shall make its best efforts to deliver the ordered Product(s) as quickly as possible. An indicative delivery deadline shall be specified by JUVAPLUS in the order confirmation. In case of delay in delivery, JUVAPLUS will immediately inform the Customer and confirm a new delivery date.
The Parties shall not be liable for failure to perform their obligations under the current applicable sales contract if such failure results from circumstances beyond Parties’ reasonable control, including (without prejudice to the generality of the foregoing) strikes, war, civil riot, problems affecting suppliers, transportation, fluctuation of exchange rates, acts of public authorities, or natural catastrophes such as flood or exceptionally inclement weather. Each party will be entitled to a reasonable extension of the deadline to perform its obligations under the current applicable sales contract.
If for reasons beyond its reasonable control JUVAPLUS were unable to deliver the ordered Product(s) within a reasonable delay, it shall be entitled to cancel the current sales contract without compensation.
5. Shipping / Passing of Risk during Shipping
Unless otherwise agreed, the dispatch is as a matter of principle on account. If the goods are shipped to the Customer on his request, the risk of accidental loss or accidental deterioration of the product is transferred to the Customer at the moment of the dispatch. This applies regardless of whether the dispatch of the goods is made from the place of performance or who bears the freight charges.
Unless otherwise agreed, the insurance against damage, packaging, shipping, transportation and import costs are charged to the Customer.
6. Transfer of ownership
JUVAPLUS retains ownership of the delivered goods until full payment of all claims arising from the purchase, respectively delivery contract. This also applies to all future deliveries, even if JUVAPLUS does not always explicitly refer to this. JUVAPLUS may at any time request the restitution of the goods if the customer acts in breach of contract.
JUVAPLUS will not assume responsibility and cannot be held liable for any and all damages resulting from any use of its Product(s).
All JUVAPLUS products are warranted to meet the specifications supplied with each purchase. If a Product fails to conform to such specifications, JUVAPLUS will choose either to replace such a product or refund the purchase price. A return authorization must be obtained from JUVAPLUS before returning any products. Warranty claims must be submitted no later than 30 days after receipt of the goods. JUVAPLUS does not provide warranty whatsoever of usefulness of any of its products for any purpose, nor does JUVAPLUS suggest any usefulness or use of its products.
9. Privacy & Data protection
The obtaining and saving of personal data gathered in the context of distance selling is necessary for the purpose of processing orders and delivering the Product(s) to the Customer as well as preparing invoices. The information gathered is strictly confidential and may be used exclusively by JUVAPLUS solely for Customer support and follow-up. In no case will such information be sold or disclosed to a third party. JUVAPLUS hereby commits to complying with all applicable laws and regulations on privacy and data protection.
10. Applicable law and jurisdiction
Any disputes arising with respect to or in connection with all sales contracts covered by these General Sales Conditions shall be within the exclusive competence of the courts of the Canton of Geneva, Switzerland.
All sales contracts covered by these General Sales Conditions s are governed by Swiss substantive law, particularly the Swiss Code of Obligations. The application of the UN Convention of 11 April 1980 on Contracts for the International Sale of Goods is excluded.
Any waiver by JUVAPLUS of any violation of these General Sales Conditions by Customer shall not constitute, nor contribute to, a waiver by JUVAPLUS of any other or future violation by Customer of the same provision, or any other provision, of these General Sales Conditions.
If any part of these General Sales Conditions or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of these General Sales Conditions, or the applications of such provision to other persons or circumstances, shall not be affected thereby.