General Terms and Conditions
This Website and its contents are provided exclusively for registered Medcem GmbH customers. This Website is for information purposes and is in no case a substitute for a medical or dental examination, consultation or treatment by a medical specialist. The information contained in this Website has been very carefully developed. It is based on the officially approved Summary of Product Characteristics of the Medcem GmbH certification. However, should there be any discrepancies with the official Summary of Product Characteristics contrary to expectations, the Summary of Product Characteristics alone takes precedence, especially for decisions regarding treatment. Medcem GmbH is not responsible for nor does it guarantee the accuracy and completeness of the information in this Website, and declines all liability regarding its use. Medcem GmbH declines all responsibility for information in third-party Websites that are linked to this Website. Medcem GmbH may update this Website regularly without prior notice, but takes no responsibility for updating it. The documents published on this Website may be copied and downloaded for personal, non-commercial use. Reproduction of this Website or excerpts from this Website in any form (copy, reprint, duplication, use in printed media, diffusion on television, the internet or other electronic media) is authorized only if referenced and if the written consent of Medcem GmbH has been obtained.
GTC, General Terms and Conditions of Medcem GmbH
Scope of application
All physical persons or legal entities who access information on the Website www.medcem.ch or the use the services of Medcem GmbH agree to the most recent version of the subsequent General Terms and Conditions (GTC). Our General Terms and Conditions apply exclusively. Contrary Terms and Conditions or the Terms and Condition of our customers that contradict our own shall not be recognized, unless they have been expressly approved by Medcem GmbH on an individual basis. For customers who pick up their own orders, different Terms and Conditions shall apply in part (see Paragraph 12). Registration and Approval Before placing an order, the customer must apply for registration and Medcem GmbH must authorize the registration. Registering several times under different names and addresses is prohibited. Only dentists, physicians, pharmacists and Dental Depots are authorized to register. Submission of a registration application does not legally require Medcem GmbH to approve the application. Approval can be refused or withdrawn by Medcem GmbH at any time without any reason being given. Medcem GmbH reserves the right to block a user name and its corresponding password.
Conclusion of a Contract
Medcem GmbH is a service provider of Medcem GmbH, Bahnhofstrasse 12, CH-8570 Weinfelden, Switzerland. A contract comes into effect between the customer and Medcem GmbH when an order is placed (see Paragraph 12 for customers who pick up their own orders). The contract is concluded when the customer’s order is confirmed electronically by Medcem GmbH. From this point on, the customer can no longer modify or cancel the order. Products and Product Descriptions Medcem GmbH makes every effort to provide correct product information. However, no claim can be made against Medcem GmbH on the basis of such product information. Product descriptions and illustrations are non-binding. Customers are required to inform themselves as to the correct use of the product using the package leaflet, etc. If there are printing errors in our offers, even concerning pricing information, Medcem GmbH reserves the right to withdraw from the contract without supplying the goods. All prices quoted are in Swiss francs. Prices exclude VAT, shipping costs, unless expressly indicated otherwise. For goods exported outside of Switzerland, the net price in € (Euros) without VAT applies.
Medcem GmbH delivers the goods to the address given by the customer in the order unless it has been agreed that the customer will pick up the goods in person. Delivery time is usually 2 to 4 working days for deliveries within Switzerland. For deliveries outside of Switzerland, the delivery time depends on customs clearance, which can take different lengths of time depending on the destination. This may result in delivery delays for which Medcem GmbH cannot be held responsible. The delivery times quoted are non-binding. Variations in delivery times are possible, and a different delivery time does not give the customer the right to claim compensation. If our supplier no longer supplies the goods ordered, we reserve the right to withdraw from the contract. In this case, the customer is informed of the unavailability of the goods without delay and reimbursed any sums already advanced. Goods are delivered by registered mail by the post office or another reliable shipping agent. If the customer is absent at the time of delivery, he or she will be left a pick-up slip with which to collect the goods from the post office or the shipping agent.
Goods are paid for by the customer in advance, or, if the customer picks them up in person at the Apotheke Hörmann in Weinfelden, Switzerland, in cash. When the customer pays in advance (orders from abroad, payment with PayPal), the order is not processed until payment has been received. Warranty and Liability The customer must examine the product immediately after receipt, and any noticeable defects or wrong deliveries must be reported in writing within one (1) week. Complaints concerning defects made any later than one (1) week are no longer receivable. Faulty products are to be carefully packed and sent to the following address for examination: Medcem GmbH, Apotheke Hörmann, Bahnhofstrasse 12, CH-8570 Weinfelden, Switzerland. The liability of Medcem GmbH and its personnel for defaults is limited to wilful intent and gross negligence. The liability of the manufacturer remains unaffected by this as per the product liability legislation. Orders placed in error do not entitle the customer to return the goods or to receive a refund. Medcem GmbH is considered to have met its contractual obligations once the products have been properly delivered to the postal service or to another shipper, after which time the benefit and risk pass to the customer.
The buyer ensures a complete and immediate traceability of the products to each end user. Pursuant to Medcem's instructions, the buyer is obliged to inform the end user of changes in products and in the case of a batch recall.
Customs Duties and Import Restrictions
Deliveries to countries outside Switzerland may entail import duties, which must be paid by the customer. These duties vary in different customs areas. The customer is responsible for the correct payment of these customs duties and taxes. Import and customs duties are not shipping costs. Products can be subject to special import restrictions. The customer is responsible for informing his/herself about and complying with any import regulations. Medcem GmbH can accept no liability whatsoever in this regard. Business Address The business address is: Medcem GmbH, Bahnhofstrasse 12, CH-8570 Weinfelden, Switzerland.
All data received by Medcem GmbH from the customer, e.g. for delivery, for deciding whether to approve the customer’s registration application or for billing, are stored on electronic media. Data are subject to legal provisions concerning data protection and are used for internal purposes only. By applying for registration, the customer accepts the use of his/her e-mail address by Medcem GmbH for the purposes of sending information and newsletters. This authorization can be withdrawn at any time and user account cancelled. Medcem GmbH customers can access and make changes to their user information at any time after logging in to the protected section of the homepage. Customers can contact firstname.lastname@example.org to delete their user information or registration.
Medcem GmbH confirms that it is authorised by Swissmedic, the Swiss Agency for Therapeutic Products, to distribute medicinal Portland cement, that it complies with regulations applicable in Switzerland on Good Distribution Practices (GDP) for medicinal products, that these are consistent with the requirements of the European Commission guidelines, and that the requirements for the distribution of medicinal products for export comply with the requirements for the distribution of medicinal products authorised to be marketed in Switzerland. Special provisions for customers who pick up their own orders When placing an order, the customer may choose to pick up the products directly at the Apotheke Hörmann in Weinfelden, Switzerland. In this case, these General Terms and Conditions apply with the following modifications: The purchase price must be paid in cash when the products are picked up. The contract between Medcem GmbH represented by Apotheke Hörmann AG and the customer only comes into effect once the goods have been picked up and paid for directly. The legal stipulations concerning cash sales apply as per the Swiss Code of Obligations. Articles will be held at the exclusive disposal of the customer at the Apotheke Hörmann AG for a maximum of 10 days following dispatch of the order confirmation.
Applicable Law and Jurisdiction
The provisions of Swiss law apply, even if the order is placed from or delivered abroad. The jurisdiction for any disputes is Weinfelden, and in the case of cash purchases: Weinfelden Medcem GmbH reserves the right to bring its case before a court in the jurisdiction of the customer if it so chooses.