General Terms and Conditions

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

1. Purpose and Scope

These General Terms and Conditions (GTCs) serve to clearly regulate the legal relationship between our customers (clients) and Swiss3DGuards (“contractor”).

They generally apply as part of all work delivery and work contracts (individual contracts) that we conclude with our customers. Insofar as written agreements of the individual contract contradict these GTCs, they take precedence over the provisions of the GTCs. If individual provisions of the GTCs cannot be applied for this or any other reason, the GTCs as a whole shall still remain valid. Oral agreements or deviations from the GTCs only become legally effective through our written confirmation. 

2. Contract Content

The client can place an order with Swiss3DGuards and/or a representative commissioned by Swiss3DGuards. A contract comes into effect when the digital film recording (“scanning”) has been performed for a client, or the client has provided this 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 orders custom-made products from the contractor. These are individually manufactured according to the selected product, the client’s measurements, and the client’s wishes.

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

3. Order Changes after Order Placement

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

4. Delivery Period

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

5. Delivery

The delivery of the goods will be sent to the delivery address agreed with the client or also to an agreed location.

With the dispatch of the ordered goods, the risk passes to the client, even in the case of partial deliveries. If the client does not accept the delivered goods, the contractor has the right, after two weeks of unsuccessful extension period, to withdraw from the order. All resulting cost consequences must be fully borne 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. 

6. Prices

The prices quoted in writing by Swiss3DGuards at the time of contract conclusion are decisive. They include statutory VAT, excluding postage and packaging, in Swiss francs or the currency quoted or confirmed. 

7. Shipping Costs

The shipping costs are to be borne by the client. This also applies for repeated dispatch if the client does not accept deliveries, leading to a re-sending. 

8. Payment

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

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

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

Until full payment of all goods from the same order, the goods remain the property of the contractor. 

9. Copyright, Preproduction Rights, and Data Protection

The client is liable for any infringements of copyright, reproduction, and manufacturing rights in relation to their order. Liability of Swiss3DGuards is excluded. 

The client confirms that Swiss3DGuards is entitled to use the personal data from scanning for creating a mouthguard. This also applies in particular if the scanning data is created by a third-party partner of Swiss3DGuards and transmitted to Swiss3DGuards by the partner via a suitable data transfer.

10. Right of Subsequent Delivery 

Obvious, especially visible defects on the delivered goods, including transport damage, must be immediately notified in writing by the client upon delivery, but no later than one week after receipt, with a detailed description.

If the goods are defective, the contractor is entitled to make a replacement delivery. If replacement delivery fails, the client is entitled to choose either a price reduction (discount) or cancellation of the contract (rescission). In case of rescission, the client is obligated to first return the goods in full.

Defects must be notified to Swiss3DGuards at their place of business. Instead of written notification to the above address, notification by email to info@swiss3dguards.com is permissible. 

11. Quality 

The client is explicitly advised that 3D printed plastics in particular are living materials, and despite the most careful processing, even with the same measurements, differences in shape and design can occur. The client therefore acknowledges that minor deviations in quality, color, and fit cannot constitute a defect in the ordered goods. For digital film recordings provided by the client, the contractor assumes no guarantee for the fit and quality. 

12. Warranty and Liability

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

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

Swiss3DGuards does not perform medical, corrective, or therapeutic actions on our clients, and therefore our products are not medical products according to the Swiss Medical Ordinance. The data obtained from scanning are not used for analytical or diagnostic purposes, only for the production of a mouthguard. 

The production process is not subject to approval requirements according to the Swiss Health Act. 

13. Force Majeure

If Swiss3DGuards, despite all due care, is unable to fulfill its contractual obligations due to force majeure events such as natural disasters, war events, strikes, unforeseeable governmental restrictions, delivery delays from suppliers, criminal attacks on premises or third-party systems (hackers), etc., the contract performance or the deadline for contract performance shall be postponed in accordance with the event that has occurred. 

14. Defect Notification

The client must notify any defect they wish to raise within 5 days from the delivery date in writing. In any case, Swiss3DGuards must be informed before returning goods. If no defect notification is received from the client within this period, the work is deemed approved according to Art. 370 CO.

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

15. 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. This results in the exclusion of the application of the right of withdrawal and the right of return for this contractual relationship. 

16. Severability Clause

If individual or several paragraphs or formulations of these General Terms and Conditions become invalid through an agreement supplementing the contract concluded by Swiss3DGuards and the client, this shall not affect the validity of the other provisions, and the contract and these GTCs shall remain valid in all other respects for both parties. The contracting parties are obligated to replace an invalid provision with a new provision that comes closest to the economic purpose pursued by the invalid provision. If an agreement is not possible, the corresponding statutory provision shall take its place. 

17. Applicable Law

Insofar as these conditions do not contain deviating rules, the provisions on work contracts apply to the contracts concluded with Swiss3DGuards.

For disputes arising in connection with the engagement, exclusively Swiss law applies. 

18. Place of Performance and Jurisdiction

The place of performance for all services is the place of business of Swiss3DGuards.