Allergocover

General Terms and Conditions of ALLERGOCOVER

1. Scope and provider
2. Conclusion of a contract
3. Pricing
4. Shipping costs
5. Terms of delivery
6. Terms of payment
7. Retention of title
8. Returns
9. Transport damage
10. Warranty and liability
11. Copyright
12. Final provisions

1. Scope / Provider

These General Terms and Conditions regulate the contractual relationships between Allergopharma AG, Erlenstrasse 29, CH-4106 Therwil (hereinafter referred to as “ALLERGOPHARMA”) and its customers for orders for the ALLERGOCOVER product via the online shop. On placing the order, the customer expressly accepts that the terms of business stipulated by ALLERGOPHARMA are an integral part of the contract.

2. Conclusion of a contract

The product descriptions in the ALLERGOPHARMA online shop are subject to change without notice and are provided for the purpose of submitting a purchase offer. The customer submits a binding purchase offer by clicking on the “Buy” button. Our products are only sold for private use.

ALLERGOPHARMA may accept a customer order by emailing a separate order confirmation or by delivering the goods within two days.
An automatic email is dispatched to confirm receipt of the order immediately after the order is submitted. However, this confirmation of receipt does not yet result in the conclusion of a contract. The contract is only concluded once ALLERGOPHARMA issues a declaration of acceptance, which is sent in a separate email ("order confirmation"). We send the contract documents (consisting of the order, GTC and order confirmation) to the customer in a durable medium (via email and/or printout) as confirmation of the contract in this email or in a separate email, however no later than on delivery of the goods.

3. Pricing

The prices indicated on the product pages are net prices. They include statutory value added tax and other price components, but do not include shipping costs. ALLERGOPHARMA reserves the right to change these prices at any time.

4. Shipping costs

ALLERGOPHARMA charges CHF 9.90 per order for a standard delivery within Switzerland. This and other shipping costs, e.g. for express shipping, are clearly displayed to the customer on the product pages, in the shopping basket system and on the order page.
In the event of a return, the customer bears the cost of this return shipment.

5. Terms of delivery and self-delivery reservation

ALLERGOPHARMA only delivers within Switzerland and to this end uses the services provided by Swiss Post. The delivery period generally amounts to 4-6 days, unless otherwise indicated in the offer. The delivery periods indicated by ALLERGOPHARMA apply from the time of order confirmation, if the purchase price has already been paid. It ends on shipment of the goods. Transport disruptions or bottlenecks at Swiss Post may lead to delays in delivery. In these cases, the delivery and acceptance obligations are suspended within the relevant scope and for duration of the delay. The customer is not entitled to any compensation in these cases.

If none or not all of the units of the product selected by the customer are available at the time the order is placed, ALLERGOPHARMA shall inform the customer of this in the order confirmation. If the product is no longer available, ALLERGOPHARMA shall not issue a declaration of acceptance. A contract is not concluded in this case.

ALLERGOPHARMA may withdraw from the contract if the goods cannot be delivered on three separate occasions, for reasons for which the customer is responsible. Any payments made shall be refunded to the customer.

ALLERGOPHARMA may withdraw from the contract if the ordered product is not available because the product is not delivered to ALLERGOPHARMA by our suppliers through no fault of our own. In this case, ALLERGOPHARMA shall immediately inform the customer and recommend the delivery of a comparable product, if appropriate. If no comparable product is available, or the customer does not desire a comparable product, ALLERGOPHARMA shall refund any payments that have already been made.

Benefit and risk pass to the customer once the goods have left ALLERGOPHARMA's warehouse or that of the supplier.

6. Terms of payment

Payment must be directed to:

ALLERGOPHARMA AG
Account no.: 40-24241-1 (IBAN no.: CH22 0900 0000 4002 4241 1)
BIC: POFICHBEXXX

The net invoice amount must be transferred to the “ALLERGOPHARMA” account within 30 days of receipt of the invoice, without deductions of any kind.
If the customer defaults on payment, interest of 5% shall be charged on the purchase price for the period of default. ALLERGOPHARMA reserves the right to provide evidence of higher default damages and assert claims for these damages.
ALLERGOPHARMA reserves the right to deliver goods against advance payment, cash on delivery or credit card payment. In the event of default on payment for earlier deliveries, ALLERGOPHARMA may refuse to process received orders without providing reasons for the refusal. The submission of a complaint relating to goods does not include an entitlement to withhold payment.

7. Retention of title

The goods remain the property of ALLERGOPHARMA until complete payment is received. Prior to the transfer of ownership, pledging, assignment as security, processing or modification is not permitted without ALLERGOPHARMA's consent. ALLERGOPHARMA is entitled to enter its retention of title in the respective retention of title register.

8. Returns

The customer must check the delivery for any defects immediately after receipt. Any identified defects must immediately be reported to ALLERGOPHARMA in writing or by phone, within no more than 5 days if visible or immediately after discovery if not visible. Defective products may be returned in the unopened original packaging and in a flawless condition, after first contacting ALLERGOPHARMA. To do so, please contact ALLERGOPHARMA AG, Complaints Department, Erlenstrasse 29, 4106 Therwil, Switzerland, Tel.: +41 (0)61 721 88 66 Fax: +41 (0)61 721 88 68, info.ch@allergopharma.com. As ALLERGOCOVER® is a sanitary product, the goods cannot be returned if the hygiene seal has been broken.Minor, customary variations of typical material properties are not considered to be defects. Returns are generally not accepted in the event of incorrect orders by the customer and for customised products.

ALLERGOPHARMA shall deliver a replacement product or refund the purchase price to the customer wherever possible, if a return is justified.

9. Transport damage

If goods are delivered with obvious transport damage, defects must immediately be reported to the delivery agent and ALLERGOPHARMA must be informed as soon as possible (Tel.: +41 (0)61 721 88 66, Fax: +41 (0)61 721 88 68).

10. Warranty and liability

The statutory warranty regulations apply for items offered by ALLERGOPHARMA in the ALLERGOCOVER shop.

ALLERGOPHARMA is liable for the delivery of properly stored products in their original packaging. ALLERGOPHARMA shall provide a replacement for defective products or issue a corresponding credit note to the customer, as agreed with the customer, unless the customer has not promptly reported the defect in accordance with the aforementioned provisions. Any further warranty, especially for properties and effects of the product, is excluded, if permitted by the statutory provisions. Further product liability and warranty claims must be directed towards the manufacturers of the relevant products. The customer must retain the original invoice in order to assert any claims. All customer warranty claims against ALLERGOPHARMA expire 24 months after delivery of the products, even if they remain undiscovered until this point in time. ALLERGOPHARMA is not obliged to provide a replacement delivery if it can demonstrate that it is not responsible for the reported defect, especially in the event of a subsequent change to the products by the customer or in the event of defective products or third party services for which the customer is responsible. Compensation claims due to any errors in the illustrations or the prices and texts are excluded.

ALLERGOPHARMA’s liability is limited to damages in connection with the correct use of the product and to the extent permitted by law. If liability is limited by these General Terms and Conditions, liability is also excluded for indirect damages, consequential damages or for lost profit.

11. Copyright

All texts, images, graphics and other content on the website are subject to copyright and other laws protecting intellectual property. They may not be copied, changed or used on other websites without ALLERGOPHARMA’s consent.

12. Final provisions

These General Terms and Conditions and the legal relationships with ALLERGOPHARMA are subject to Swiss law. The place of jurisdiction is Arlesheim, Switzerland.

If a provision in these General Terms and Conditions is invalid, this shall not affect the validity of the other provisions. The applicable statutory regulations shall replace the invalid provision.
ALLERGOPHARMA reserves the right to amend these General Terms and Conditions at any time.

Dated: 17/05/2019