General Terms and Conditions

Your contracting party is:

Sana Swiss Services AG – Niedermattstrasse 8c – 4528 Zuchwil – Schweiz

Unternehmens-Identifikationsnummer (UID): CHE-334.121.324

Applicability of the Terms and Conditions and Conclusion of the Contract

1. Deliveries, services and offers provided by Sana Swiss Services AG are made exclusively on the basis of these General Terms and Conditions, even if they are not expressly agreed upon again. These terms and conditions are deemed to have been accepted upon ordering the goods or services. The buyer's general terms and conditions of purchase are hereby rejected. Any deviations from these terms and conditions are only valid if we confirm them in writing.
2. Offers made by Sana Swiss Services AG in price lists and advertisements are subject to change and non-binding. Orders are only binding on Sana Swiss Services AG once they have been confirmed in writing. The information in our online shop (drawings, illustrations, dimensions, weights and other specifications) is to be understood as indicative only and does not constitute a guarantee of characteristics, unless it is expressly designated as binding in writing.

Prices and Special Offers

1. The prices stated in our order confirmation are decisive. For items in stock, these are fixed at the time of ordering. In the event of supply shortages or special procurement, the price on the day the order is placed applies. Unless otherwise agreed, prices are exclusive of transport costs but include statutory VAT and the advance recycling fee. Current prices are published in the online shop; prices are subject to change and errors excepted.
2. The terms and conditions for promotions and discounts are available in the relevant information.

Delivery Terms

This offer is aimed exclusively at customers resident in Switzerland. Delivery abroad is not possible. Delivery dates and lead times are non-binding unless expressly agreed otherwise in writing. Delivery usually takes place within 2-5 working days, depending on the delivery method. Orders placed by 11.00 am are usually processed on the same day. No deliveries are made on Saturdays, Sundays or official national or cantonal public holidays. Please do not hesitate to contact us if you have any queries.

Transfer of Risk

Risk passes to the buyer as soon as the consignment has been handed over to the carrier. If dispatch is delayed or becomes impossible through no fault of our own, the risk passes to the buyer upon notification that the goods are ready for dispatch. Any agreement in individual cases for Sana Swiss Services AG to bear the transport costs has no bearing on the transfer of risk.

Right of withdrawal

1. You generally have a 14-day right of withdrawal. The withdrawal must be made in writing within 14 days of receipt of the goods. The goods must be returned to Sana Swiss Services AG together with the notice of withdrawal.
2. The payment will be refunded upon receipt of the goods. The notice of withdrawal must be sent to Sana Swiss Services AG, Niedermattstrasse 8c, 4528 Zuchwil.
3. The cost of returning the goods is to be borne by the buyer.
4. In the case of sealed products, hygiene items and pandemic-related items, Sana Swiss Services AG cannot grant a right of withdrawal for reasons of health protection and hygiene.
5. Any damage or excessive wear and tear to the packaging will be deducted from the purchase price to be refunded.
6. In the event of a cancellation of all items, we reserve the right to charge the delivery costs plus 10% of the order value as a processing fee.

Liability and warranty

1. For products without a best-before date, the supplier guarantees for a period of 24 months that the goods possess the warranted characteristics, are free from defects that impair their value or suitability for the intended use, and comply with the prescribed performance standards and specifications, unless otherwise agreed.
2. The buyer must inspect the delivered goods as soon as possible and report any defects immediately. The relevant customer service department can be found at sana.swiss. Hidden defects may still be reported even after the goods have been put into service or used. The making of payments shall not be deemed a waiver of the right to give notice of defects.
3. If a defect is found, the buyer may choose to demand rectification free of charge, to claim a price reduction corresponding to the reduction in value, to withdraw from the contract, or to receive a replacement delivery. The buyer's right to claim damages is reserved in all cases.

Payment

1. Payment is made by invoice, prepayment, MasterCard, VISA, PostFinance Card, PostFinance E-Finance, TWINT or PayPal.
2. Purchases on account are processed by MF Group / POWERPAY. The General Terms and Conditions of MF Group / POWERPAY also apply. These can be found at the end of these General Terms and Conditions.
3. Unless otherwise specified for individual payment methods, payment claims arising from the concluded contract are due for payment immediately.
4. Set-off against counter-claims by the customer that have not been recognised or legally established is excluded.
5. The customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

MF Group / POWERPAY, as an external payment service provider, offers the 'purchase on account' payment method. With the individual invoice, you can easily settle your online purchase by invoice. Should you fail to make payment within the specified timeframe, you will subsequently receive a monthly invoice with an order summary in the following month.

Upon conclusion of the sales contract, POWERPAY assumes the resulting invoice receivable and handles the relevant payment arrangements. When purchasing on account, you accept POWERPAY's terms and conditions in addition to our own (powerpay.ch/de/agb).

Data protection

The Privacy Policy forms an integral part of these Terms and Conditions. By accepting these Terms and Conditions, you also agree to the Privacy Policy.

Limitation of liability

1. The provider undertakes to ensure security in accordance with the current state of the art in systems, programmes, etc., which it owns or over which it has control, and to comply with data protection regulations.
2. Claims for damages arising from the impossibility of performance, breach of contract, fault at the time of conclusion of the contract, or tort are excluded both against us and against our agents and vicarious agents, unless there has been wilful misconduct or gross negligence. No liability is accepted for consequential damages arising from the use of the products.

Consignment (Specialty Retailers)

1. These consignment terms apply only to specialty dealers and institutions (companies) to whom Sana Swiss Services AG provides sana.swiss Robooter brand wheelchairs and accessories on a consignment basis. They do not apply to consumers.
2. The transfer of consignment goods does not constitute a sale. A sales contract is formed only when the dealer reports the sale to Sana Swiss Services AG, takes physical possession of the goods, or a situation described in letter h occurs.
3. The consignment terms are deemed accepted if the dealer accepts the consignment goods or does not object in writing to the order confirmation within five business days of receipt.
4. Until the point of sale, the goods remain the unrestricted property of Sana Swiss Services AG. The dealer shall store them separately or label them as the company’s property. The dealer may not pledge them, rent them out, or otherwise encumber them. If third parties make a claim to the goods held by the dealer, for example in a debt collection proceeding or seizure against the dealer, the dealer must immediately inform Sana Swiss Services AG and indicate that the goods are its property.
5. The consignment period generally lasts three months. Either party may terminate it in writing at any time. Upon expiration or termination, the dealer shall return the unsold goods in accordance with letter g, unless otherwise agreed.
6. The dealer must report each sale immediately, no later than within five business days, via the customer account or in writing. The price listed in the price list valid for the dealer at the time of the sales report applies. The prices on the order confirmation for stocking are non-binding guidelines. The invoice will follow the sales report.
7. Sana Swiss Services AG may request the return of unsold consignment goods, in whole or in part, at any time. The dealer shall make them available for pickup within ten business days, cleaned, complete, and in working order. Upon return, the condition, completeness, and functionality of the goods will be inspected.
8. The dealer shall handle the goods with care, use them only for their intended purpose, and shall not perform any repairs or modifications on their own. Upon delivery, the dealer assumes the risk of loss, theft, and damage and shall insure the goods at replacement value. The dealer shall report any damage, malfunctions, or accidents immediately. The following flat rates apply for excessive signs of wear and damage: Level 1 (minor damage, scratches, cleaning required) CHF 250, Level 2 (more severe damage, missing parts, malfunctions) CHF 500. In the event of severe damage or loss, and if the goods are no longer saleable, they are deemed to have been purchased by the dealer at the current price. Normal signs of wear and tear resulting from demonstrations are the responsibility of Sana Swiss Services AG.
9. The dealer may allow end customers to test the merchandise. The dealer remains responsible to Sana Swiss Services AG for the merchandise, including for any damage or loss that occurs during the trial period.
10. The dealer shall confirm the consignment inventory upon request, at least once a year as of December 31. Upon prior notice, Sana Swiss Services AG may inspect the inventory during business hours.
11. In all other respects, these General Terms and Conditions apply, in particular regarding payment, liability, and jurisdiction.

Amendments to these General Terms and Conditions

Sana Swiss Services AG reserves the right to amend these General Terms and Conditions at any time. The customer shall be informed of such amendments by circular or by other appropriate means. If the customer raises no objections within one month of receiving the amendments and/or places a new order, the new Terms and Conditions shall be deemed to have been accepted.

Governing Law and Jurisdiction

1. These General Terms and Conditions are governed by Swiss law, specifically the provisions of the Swiss Code of Obligations (OR).
2. The place of jurisdiction is the registered office of Sana Swiss Services AG in Zuchwil.

Language versions

These General Terms and Conditions are made available in several languages. In the event of any contradictions, questions of interpretation or ambiguities between the different language versions, the German version shall be exclusively authoritative.

The foreign-language versions are provided solely for the sake of clarity and have no independent legal effect.