GENERAL CONDITIONS OF SALE

1. OBJECT


These general conditions of sale shall be applicable without restriction or reserve to the sale of the CARE-ME® case and its accessories by the company WCT on its websites www.wellcaretechnologies.ch and  www.wellcaretechnologies.com (hereinafter "the Websites").

Accordingly, in placing an order for a product on the WCT Websites, the buyer accepts these general conditions of sale fully, and acknowledges having read them before placing an order.

They shall be accessible at any time on these Websites and shall prevail, where necessary, over any other version.

The products shall be sold exclusively in the following geographic areas: members of the European Economic Area, namely: Germany, Austria, Belgium, Cyprus, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, the United Kingdom, Slovakia, Slovenia, Sweden, Iceland, Norway, Lichtenstein and Switzerland.

Users in the aforementioned countries may access the Websites. However, the Items available on the Websites can only be purchased by users requesting that they be delivered to one of the countries listed on the Websites.

Prior to placing an order, the Buyer shall declare:

  • that the purchase of products on the Websites has no relation to his or her professional activity, and is strictly limited to personal use.
  • that he or she has full legal capacity allowing him or her to agree to these general conditions of sale.
  • that he or she is of the age of majority. 

WCT reserves the right to amend these general conditions of sale at any time.

2. IDENTITY OF WELLCARE TECHNOLOGIES


WELLCARE TECHNOLOGIES SA

Y-PARC

7, rue Galilée

CH-1400  Yverdon-les-Bains

Switzerland

www.wellcaretechnologies.ch

Company Ref. : Fédéral No. CH-550-1129150-3

3. ACCESS TO THE WEBSITES


The Buyer shall be personally responsible for establishing the telecommunications and information technology arrangements enabling access to the Websites.

The Buyer shall bear the costs of telecommunications during Internet access and use of these Websites.

4. ORDERS


 4.1. Product Characteristics

Prior to placing an order, the Buyer may become acquainted, on the Websites, with the essential characteristics of the product which he or she wishes to order.

The products shall be sold with the characteristics described on the Websites and in accordance with the general conditions of sale published on the Website at the moment of order submission to the Buyer, excluding any other term or condition.

The characteristics of the aforementioned products shall be determined based on the indications provided by their suppliers. They shall therefore be given for information purposes only on the Websites and WCT shall not be liable for them.

The same shall apply to any photographs, graphics or articles which are created with the supplier's agreement.

WCT reserves the right to amend these general conditions of sale at any time, at its sole discretion, without having to provide prior notice to the users of the Websites. Any possible amendments made shall take effect beginning from the date of publication on the Websites and shall only apply to sales concluded from this date onwards.

4.2. Availability

The offers presented by WCT shall be valid while stocks last.

In the event of unavailability of a product ordered, WCT shall inform the Buyer as early as possible.

WCT shall then proceed to reimburse the sums transferred by the Buyer as payment for the unavailable product; this reimbursement must then be effected within a period of 30 days starting from the date of payment for the aforementioned product.

4.3. Ordering

The Buyer shall select the products which he or she wishes to order on the Websites in accordance with the following terms:

  1. Indication by the internet user of the desired delivery country.
  2. Selection of the product and its quantity.
  3. Viewing of the basket, and the option of changing the basket.
  4. Provision of the Buyer's details and delivery address.
  5. Order summary.
  6. Reading and acceptance of the GCSs.
  7. Order confirmation.
  8. Payment.

Any order shall presuppose observance without restriction or reserve of the general conditions of sale.

From the moment of the Buyer's confirmation of the order, he or she shall be deemed to have accepted knowingly and without reservation the general conditions of sale and the prices, volume and quantity of the products offered for sale and ordered.

WCT shall be required to confirm the Buyer's order by sending an email.

The sale shall only be considered definitive after the order confirmation has been sent to the Buyer by WCT and after full payment of the price to the latter.

At the time of order submission, the Buyer shall accept that confirmation of the information regarding the order placed and these general conditions of sale shall be sent to him or her by email to the address provided during registration on the Websites or during the purchase process.

Any purchase shall be subject to the general conditions of sale in the version published on the Websites at the moment of order submission by the Buyer.

5. PRICES, SHIPPING COSTS, LEVIES AND TAXES


The price of the Products shall be the one indicated on the Website at the moment of order submission by the Buyer. 

The prices of the products sold on the Websites and/or their characteristics may be modified at any time without prior notice. Prior to submitting the order, the Buyer shall be requested to verify the final sale price.

The prices shall include standard packaging costs, VAT (if applicable) and any possible indirect taxes (if applicable), but they shall not include shipping costs (unless specified otherwise in the order summary). These shall be calculated before order confirmation sent by WCT to the Buyer and the latter shall undertake to pay them to WCT in addition to the price indicated on the Websites.

The Buyer shall pay WCT the full price indicated in the order and the order confirmation sent by email by WCT to the Buyer.

If the products are to be delivered to a country not belonging to the European Union, then the total price indicated in the order and the order confirmation, including indirect taxes (if applicable), shall not include any customs duties or any other sales taxes, which the Buyer shall agree as of now to pay, if they are due, in addition to the price indicated in the order and the order confirmation, in accordance with the legal provisions of the country in which goods will be delivered. For information on possible duties or taxes applicable in his or her country of residence or the destination country of the products, the Buyer is requested to seek clarification from the competent bodies in the country in question.

Any other costs, charges, taxes and/or levies which a country may apply for any purpose to the items ordered on the basis of these general conditions of sale are the sole responsibility of the Buyer.

The Buyer shall acknowledge that unawareness on his or her part of the costs, charges, duties, taxes and/or levies at the moment of submitting an order to WCT can in no way constitute grounds for terminating this contract; these potential costs can in no way be debited from WCT.

6. PAYMENTS


Payment of the price of products purchased through the medium of the Websites shall be effected during the order.

The Buyer shall agree expressly that the performance of the contract by WCT shall begin from the moment when payment for the price of the product(s) purchased arrives in the current account of WCT.

If the payment is made by credit card, the Consumer shall be redirected to a protected website and his or her credit card details shall be directly transferred to Klik&Pay / CYBERservices SA, whose registered office is at JORDILS PARK, rue des Jordils, 40, 1025 Saint Sulpice, Switzerland, a company recorded in the Trade and Companies Register (RCS) of Canton de Vaud under number CH-550-1005955-4, which manages payments on behalf of WCT.The data submitted shall be sent in protected mode, by means of encrypted data transfer by SSL 128-bit encryption technology. These data shall not be accessible to any person, including to WCT.

The Buyer shall guarantee WCT during confirmation of the order form that he or she possesses any necessary authorisations to use the method of payment chosen.

WCT reserves the right to suspend or cancel any order and/or delivery, irrespective of their nature and level of execution, in the event of non-payment of any sum owed by the Buyer, or in the event of a payment incident. 

Penalties of an amount equal to one and half times the legal interest rate shall be automatically applicable to amounts outstanding upon notification of rejection of bank payment. The delivery of any new order may be suspended in case of payment difficulties regarding a previous order, notwithstanding the provisions of these general conditions of sale.

For the purpose of preventing Internet fraud, information relating to the Buyer's order may be transmitted to any authorised third party for verification.

7. TRANSPORT - DELIVERY


7.1. General rules

The products ordered on the Websites shall be delivered to the address indicated on the order form, exclusively within the member states of the European Economic Area.

The Buyer may, at his or her express request, receive an invoice sent to the billing address, and not the delivery address, by confirming the option provided for this purpose on the order form.

In case of partial unavailability of the items, it may be necessary for WCT to split the orders. The available items will therefore be sent first, and the balance of the order will be sent when all other items are available.

The Websites shall disclose the availability of the Items and their delivery periods. However, this information must be considered as purely for information purposes and WCT shall not be liable for it.

 7.2. Delivery Periods

WCT shall undertake to do everything possible to meet the delivery deadlines indicated on the Websites and, in all cases, to complete the delivery within 30 (thirty) days counting from the day after submission of the order by the Buyer.

If the Buyer has chosen bank transfer as the method of payment, then the delivery period shall begin following receipt of the bank transfer by WCT.

7.3. Transport - Delivery

Delivery of the Products ordered by the Buyer shall be performed according to the method chosen by the latter from the options offered on the Websites at the time of order submission.

The Buyer shall undertake to check that all of the items are present as soon as possible after delivery and to inform WCT of any possible defect in the items received or of their non-conformity with the order, in accordance with the procedure referred to in articles 8 and 10.3 of these general conditions of sale, otherwise the order shall be considered as accepted.

If the package or envelope containing the items ordered by Buyer arrives visibly damaged, then the Buyer is requested to refuse the carrier's delivery or to accept it conditionally.

The information stated by the Buyer when taking possession of the order shall be binding upon him or her. In the event of an error in the wording of the recipient's details, WCT cannot be held responsible for the impossibility of delivering the product. In this case, the Buyer shall remain liable for the entire order and the transport costs for the delivery of the product.

8. RIGHT OF WITHDRAWAL


Certain Euro Zone countries provide for a right of withdrawal during purchase of a product on an e-commerce website. This is not the case in Switzerland, which does not recognise any right of withdrawal.

Furthermore, the regulation relating to the right of withdrawal, in countries which recognise it, is governed by Directive 2011/83/EU of the European Parliament and Council of 25 October 2011 on Consumer Rights.

The text of this directive lays down the specific exclusions of the right of withdrawal for certain types of products in its Article 16.

Namely:

"The supply of sealed goods not suitable for return due to health protection or hygiene reasons, and which have become unsealed after delivery."

Given that it is a product intended for human treatment involving skin contact, and in order to avoid interpersonal contamination, the Care-Me product cannot be reused after its sealed package has been opened. Thus, the Care-Me product is subject to this specific exclusion of the right of withdrawal.

The purchase shall be considered as definitive and shall not be subject to a right of withdrawal as soon as the order has been placed, and the sealed packaging has been opened.

WellCare Technologies is a Swiss company subject to Swiss Law, as stated in Article 19 of these GCSs. The laws applicable to this company are therefore Swiss Laws and the competent place of jurisdiction is at Lausanne.

Swiss Law does not recognise any right of withdrawal; the purchase shall be considered definitive once the Buyer has placed the order, and no withdrawal shall be accepted.

In order to match the European legislations, WCT will accept a right of withdrawal of 14 days within the limits of the exclusions mentioned above (Directive 2011/83/EU of the European Parliament and Council of 25 October 2011 on Consumer Rights, in particular Article 16), and in accordance with the guarantee exclusions defined in article 10.1 of the present GCSs.

9. RESERVATION OF OWNERSHIP


WCT shall retain full ownership of the products until full principal payment is received, including fees and taxes. Execution of the contract by WCT, including delivery, shall begin upon the arrival of payment into WCT's account.

10. GUARANTEE


10.1. The Products purchased on the Websites are guaranteed to be free from material or manufacturing defects for a period of 24 months starting from the date of delivery, unless stated otherwise on the Websites.

The WCT guarantee is limited to the free replacement or repair of defective products.

The guarantee excludes cases of improper use, negligence or improper maintenance of the product on the part of the Buyer, and also normal wear and cases of force majeure.

The guarantee shall become definitively invalid if the device has not been used according to the specifications in the usage instructions. In particular, any guarantee shall be excluded:

  • if the device has been altered,
  • if the device has not been powered in the intended manner,
  • if the device has been opened,
  • if the device has been used with accessories other than those provided by WCT,
  • if the device has been used with different electrodes from the ones originally placed in the electrode support by WCT,
  • if the device has been damaged or used with commercial electrodes, even if the latter's surface characteristics, texture, adhesive gel and impedance resemble those of the electrodes provided by WCT.

Furthermore, the guarantee does not cover:

  • the replacement of consumables (electrodes, electrical cords, etc.).
  • failures related to the accessories (power cords, etc.).
  • defects or their consequences caused by intervention by the Buyer or a repairer without authorisation from WCT.
  • any defects or consequences thereof linked to uses other than the use for which the product is intended.
  • any defects or consequences thereof related to any external cause.

10.2. In addition to the contractual guarantee stipulated in paragraph 10.1, the Products shall be subject to a legal guarantee that they are free of latent defects.

10.3. Any return of a product under the aforementioned guarantees must be subject to prior agreement from WCT and the allocation of a return number by email or, failing that, by postal letter. For this purpose, the Buyer must contact the customer service department of WCT using the contact information given in Point 2 of these general conditions of sale.

No return shall be accepted without prior authorisation from WCT.

The defective product must be returned in its original packaging, contain the entire product and all its accessories, and be accompanied by a legible product series number.

All costs and risks related to the return of the product shall be borne by the Buyer.

The Seller shall guarantee the Consumer that the Items shall be exempt from design and material faults and that they shall conform to the descriptions published on the Websites for a period of 2 (two) years starting from the delivery date of the Items to the Consumer.

Under penalty of loss of this guarantee, the Customer shall be required to report any possible defects or non-conformities at the latest within one month of their discovery by submitting the form provided for this purpose to the Seller's Customer Service department, duly completed and stating the defect and/or non-conformity found as well as the corresponding documentation indicated in said return form (at least 1 (one) photograph of the Item, and the order confirmation sent by the Seller).

11. RESPONSIBILITY


WCT cannot be held responsible for the non-performance or late performance of the contract in case of stock shortage or unavailability of the product, force majeure, disruption or total or partial strike by the postal, transport and/or communications services.

WCT cannot be held responsible for any indirect damage which could occur due to the purchase of the Products.

WCT is responsible only for the content of the pages which it edits.

WCT cannot be held responsible for any direct or indirect damage which could occur due to use which does not conform to the specifications of the device's usage instructions.

WCT cannot be held responsible for any direct or indirect damage resulting from the opening or transformation of the device and its power feed.

WCT cannot be held responsible for any direct or indirect damage resulting from use of the device with consumables not provided by WCT.

12. PARTIAL NON-VALIDITY


If one or more provisions of these general conditions of sale are held to be invalid or declared as such under any law or regulation, or following a final decision by a competent court, the remaining provisions shall remain full force and effect.

13. NO WAIVER


The failure of either party to claim a breach by the other party of any of the obligations contained in these general conditions of sale cannot be interpreted in the future as a waiver the obligation in question.

14. PROHIBITION OF COMMERCIAL USE


Any commercial use, especially for the purpose of resale to third parties, is strictly prohibited.

Any person who engages in such a commercial use shall be banned from participating in online sales organised through the Websites, and shall be held responsible for any damage caused to WCT.

If one or more sales are conducted by a person failing to observe the aforementioned prohibition, then these general conditions of sale shall be applied, but by way of derogation from the following provisions:

a) The Buyer shall not be granted the Product guarantee indicated in article 10

b) The sales contract concluded between WCT and the Buyer shall be subject to Swiss law, with the exception of the United Nations Convention on Contracts for the International Sale of Goods - Vienna Convention of 1980.

15. INTELLECTUAL PROPERTY RIGHTS


The Buyer shall declare that he or she has been informed that any brands, names and distinctive signs, denominations, images, photography, written text or graphics used on the Websites or in relation to the Products belong to WCT and/or its successors, without the Buyer having any rights over the aforementioned by accessing the Websites and/or buying the Products.

The content of the Websites cannot be reproduced, either fully or partially, transferred by electronic or conventional means, modified, or used for any purpose whatsoever without prior written consent from WCT.

16. DATA PROTECTION


The individual-related information and data requested from the Buyer are necessary for the processing of his or her order and are intended for internal use by WCT.

WCT acts in accordance with the Swiss legislation in force, especially the Law on Data Protection. It therefore processes only the data which are strictly necessary for the effective implementation of its services.

Nevertheless, the Buyer shall accept that WCT shall use the information concerning him or her in order to improve its services and develop better offers.

Depending on the choices made when creating or consulting his or her account, the Buyer may receive offers from WCT. If the Buyer no longer wishes to receive these offers, he or she may at any moment make a request to this effect by writing to the address indicated in Point 2 of these provisions.

17. LANGUAGE


These GCSs have been translated into English/German/Spanish. In the event of divergence from the French version, only the latter shall be valid.

18. AMENDMENTS TO THE GCSs


The Customer shall undertake to remain regularly informed about any change to the GCSs by consulting the following web page: www.wellcaretechologies.ch

19. APPLICABLE LAW AND PLACE OF JURISDICTION


This Contract and the sales conducted through the Websites shall be subject to Swiss law.

In case of legal disputes, the place of jurisdiction shall be at Lausanne.


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