General Terms and Conditions

The client confirms that they agree to these GTC. They accept them, including the jurisdiction agreement, as part of the contract concluded with Swiss3DGuards:

  1. Purpose and Scope

These general terms and conditions (GTC) aim to provide a clear regulation of the legal relationship between our customers (clients) and Swiss3DGuards ("contractor").

They generally form part of all contracts for work and supply (individual contract) that we conclude with our customers. Where written provisions of the individual contract contradict these GTC, they shall take precedence over the provisions of the GTC. If, for this or any other reason, individual provisions of the GTC cannot be applied, the GTC shall nevertheless remain valid in their entirety. Oral agreements or deviations from the GTC become effective only by our written confirmation.

  1. Contract content

The client can place the order with Swiss3DGuards and/or a representative commissioned by Swiss3DGuards. A contract is concluded when the digital film recording ("scanning") has been carried out for a client or the client has provided it to Swiss3DGuards for production purposes

If ordered products are unavailable, the client will be informed within 10 working days. The client can choose a new product.

The client commissions the contractor to produce bespoke products. These are manufactured individually in the selected product according to the dimensions and the client's specifications.

The client is obliged to check the selected items and molds, including special requests, before scanning.

  1. Order changes after placement

Change requests cannot be accepted after the order has been placed.

  1. Delivery time

The delivery times indicated in our offers and confirmations are to be considered approximate and non-binding. Unforeseeable events of force majeure are reserved.

  1. Delivery

The goods will be delivered by shipment to the delivery address agreed with the client or to another agreed location.

With dispatch of the ordered goods, the risk passes to the client even in the case of partial delivery. If the client does not accept the delivered goods, the contractor has the right, after the unsuccessful expiry of a grace period of two weeks, to withdraw from the contract. All resulting costs shall be borne in full by the client.

The delivered goods must be accepted by the client even in the case of insignificant defects, without prejudice to their warranty rights. 

  1. Prices

The prices offered in writing by Swiss3DGuards at the time of contract conclusion are authoritative. They are inclusive of statutory VAT, exclusive of postage and exclusive of packaging in Swiss francs or in the quoted or confirmed currency. 

  1. Shipping costs

Shipping costs are to be borne by the client. This also applies to multiple shipments if the client does not accept deliveries and a resend is therefore necessary. 

  1. Payment

The agreed amount for the entire service is due before the digital film recording or the post-production.

Swiss3DGuards is entitled to charge the usual default interest if the payment deadline is not met.

Payments by credit card, in cash or Twint to the contractor's account are accepted. WIR payments are not accepted.

The goods remain the property of the contractor until full payment has been made for all goods from the same order. 

  1. Copyright, preproduction rights and data protection

The client is liable for any infringements of copyright, reproduction and manufacturing rights in relation to their order. Swiss3DGuards accepts no liability. 

The client confirms that SwissDGuards is entitled to use the personal data from the scanning for the production of a mouthguard. This also applies in particular if the scanning data are created by a third-party partner of Swiss3DGaurds and are transferred from the partner to Swiss3DGuards via an appropriate data transfer.

  1. Right to subsequent delivery 

The client must report obvious, in particular visible defects in the delivered goods, including transport damage, immediately upon delivery, but at the latest within one week of receipt, in writing with a precise description.

In case of defective goods, the contractor is entitled to supply a replacement. If the replacement delivery fails, the client is entitled, at their option, to demand a reduction in the purchase price or to rescind the contract. In the event of rescission, the client is obliged to return the goods in full beforehand.

Defects must be reported to Swiss3DGuards at its registered office. Instead of the written notice to the above address, a notice by e-mail to: info@swiss3dguards.com is permissible. 

  1. Quality 

The client is expressly advised that, in particular, 3D printed plastics are living materials and that despite the most careful processing, differences in shape and design may occur even when the same dimensions are used. The client therefore acknowledges that minor deviations in quality, color and fit do not constitute a defect of the ordered goods. For digital film recordings provided by the client, the contractor gives no guarantee for fit and quality. 

  1. Warranty and liability

Swiss3DGuards' warranty is limited to the quality of the products according to our specifications. For defective goods, only the value of the goods will be reimbursed. Claims for damages are excluded.

Our products are intended to protect the client during the performance of their physical activities. The choice of product (stiffness, construction, etc.) is the sole responsibility of the client. Swiss3DGuards rejects any liability for possible accidents (with or without wearing our products) of the client, as well as any claims by third parties.

Swiss3DGuards does not perform medical, corrective or therapeutic procedures on our clients and therefore our products are not medical devices according to the Swiss medical ordinance. The data obtained from the scanning will neither be used for analytical nor diagnostic purposes and are used only for the manufacture of a mouthguard.

The manufacturing process is not subject to approval under the Swiss Health Act. 

  1. Force majeure

If Swiss3DGuards, despite all due care, is unable to fulfill its contractual obligations due to force majeure such as natural events, acts of war, strike, unforeseen official restrictions, supplier delivery delays, criminal attacks on premises or third-party systems (hackers), etc., performance of the contract or the deadline for performance will be postponed in accordance with the event that occurred. 

  1. Notice of defects

The client must notify any defect they wish to complain about in writing within 5 days of the delivery date. Before returning goods, Swiss3DGuards must in any case be notified. If no notice of defects is received from the client within this period, the work shall be deemed approved in accordance with Art. 370 CO.

Commercially customary or minor, technically unavoidable deviations in quality, color or fit cannot be objected to. 

  1. Right of withdrawal

The contract concluded between the client and Swiss3DGuards concerns goods or products that are manufactured according to customer specifications and tailored to personal needs. Due to this nature, the products are not suitable for return. As a result, the right of withdrawal and the right of return do not apply to this contractual relationship. 

  1. Severability clause

If one or more paragraphs or phrases of these general terms and conditions become or are found to be invalid by a contract supplemented by Swiss3DGuards and the client, the validity of the other provisions shall not be affected and the contract and these GTC shall remain effective for both parties. The contracting parties are obliged to replace an invalid provision with a new provision that most closely achieves the economic purpose pursued by the invalid provision. If an agreement cannot be reached, the corresponding legal provision shall take its place. 

  1. Applicable law

Where these conditions do not contain deviating rules, the provisions on contracts for work shall apply to contracts concluded with Swiss3DGuards.

Swiss law shall exclusively apply to disputes arising in connection with the commission. 

  1. Place of performance and jurisdiction

The place of performance for all services is the registered office of Swiss3DGuards.

 

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