General Terms and Conditions

General Terms and Conditions (GTC) of NEUROLITE AG

1. General
   Deliveries, services, and offers from Neurolite AG, Hüherhubelstrasse 79, 3123 Belp, and its online shop are made exclusively on the basis of these General Terms and Conditions, even if they are not expressly agreed upon again.
   By placing an order for goods or services, these terms are deemed accepted.
   Any general purchasing conditions of the customer are hereby expressly rejected. Deviations from these General Terms and Conditions are only valid if confirmed in writing.
   These General Terms and Conditions also apply to all previously concluded and future transactions.

2. Offer and Conclusion of Contract
   Offers in price lists, quotations, and advertisements do not constitute a legally binding offer but an invitation to the customer to place a binding order. All offers are subject to the availability of the goods.
   Orders and contracts are only binding for Neurolite AG after written order confirmation.
   The order confirmation is decisive for the scope and execution of delivery. Deliveries not included therein will be invoiced separately. Neurolite AG reserves the right to make changes to the order confirmation that result in product improvement.
   If, after the order confirmation, it turns out that delivery is not possible or a pricing error occurred, the order will be cancelled or, in the case of price errors after delivery, the price difference will be charged to the customer. In such cases, the customer has the right to return the goods if they disagree with the price adjustment. The customer cannot assert any further claims against Neurolite AG or the supplier.
   Information in sales documents is for reference only and does not constitute guaranteed characteristics unless expressly stated in writing as binding.

3. Prices
   All prices are in Swiss francs (CHF), including statutory VAT, unless otherwise agreed.
   All additional costs such as postage, packaging, insurance, taxes, installation, commissioning, training, etc. are borne by the purchaser.

4. Delivery and Shipping Conditions
   Delivery is made only to addresses within Switzerland and the Principality of Liechtenstein.
   All delivery dates and times are non-binding. They are subject to correct and timely delivery to Neurolite AG by suppliers and manufacturers.
   If not all ordered products are in stock, Neurolite AG is entitled to make partial deliveries, provided this is reasonable for the customer.
   If Neurolite AG is unable to fulfil the order due to delays or failure of its suppliers (without fault of its own), Neurolite AG may withdraw from the contract without liability for delay or non-performance. In such cases, Neurolite AG will promptly inform the customer and, if possible, supply a comparable product.
   All additional costs such as freight, packaging, insurance, taxes, installation, and commissioning are charged to the purchaser.
   The order confirmation determines the exact scope of delivery. Any additional material not included will be invoiced separately.
   Visible quantity differences must be reported immediately upon receipt. Hidden discrepancies must be reported in writing within 5 days of receipt. Complaints regarding damage, delay, loss, or poor packaging must be made immediately after receipt.

5. Default of Acceptance
   If the customer refuses to accept delivery after a grace period or declares unwillingness to accept, Neurolite AG may refuse performance and claim damages. Neurolite AG is entitled to demand either a flat fee of 25% of the agreed purchase price or full compensation for the actual damage incurred.

6. Transfer of Risk
   Risk passes to the customer when the goods are handed over to the transport company. If dispatch is delayed or becomes impossible without fault of Neurolite AG, the risk passes to the customer upon notification of readiness for dispatch. An agreement that Neurolite AG bears shipping costs does not affect the transfer of risk.

7. Warranty / Guarantee
   Neurolite AG or the supplier/manufacturer grants a 2-year warranty for defect-free and functional goods from the date of delivery or collection, unless otherwise agreed in writing.
   Warranty/guarantee claims expire if operating and maintenance instructions are not followed, modifications are made, parts replaced, or non-original materials used. The same applies to improper use, handling, storage, third-party intervention, or device tampering.
   Minor deviations from promised features do not entitle customers to claims. Liability for normal wear, consumables, accessories, supplied batteries, or built-in rechargeable batteries is excluded.
   In case of warranty, the customer is entitled to repair, replacement, or rescission, at Neurolite AG’s discretion. In case of rescission, a credit note is issued at the current market price (max. the original sales price).
   Warranty periods are not extended by repairs or replacements.
   Warranty/guarantee claims apply only to the direct customer and are non-transferable.
   Statutory warranty rights are fully waived.

8. Right of Withdrawal and Returns
   Customers may return goods within 30 days of delivery.
   Returned items must be unopened, unused, and not expired. Return shipping costs are borne by the customer unless otherwise agreed.
   Products ordered specifically at the customer's request or opened consumables are excluded from return.
   After receiving the returned goods, the paid purchase price will be refunded less a 20% handling fee. Deductions may also apply for damages, excessive wear, or agreed shipping costs.
   The customer is responsible for proper packaging for transport. Damage due to improper packaging is charged to the customer. The customer bears the risk of transport until the goods reach Neurolite AG.
   Returned or repaired devices must be cleaned, and data must be deleted or backed up, as Neurolite AG is not liable for data loss or third-party access.

9. Payment Terms
   Invoices are payable net within 30 days unless otherwise agreed. For orders exceeding CHF 100,000 (excl. VAT), one-third is payable upon order, one-third upon delivery, and one-third within 30 days thereafter.
   Neurolite AG reserves the right to perform a credit check in accordance with the privacy policy, which may limit available payment methods or require prepayment. For this purpose, customer data may be shared with Inkasso Med AG / Intrum AG.
   If payment is not received within the stipulated period, the customer goes into default, and Neurolite AG may charge 5% interest per annum. Neurolite AG may also cancel the contract, reclaim shipped goods, and claim damage compensation.
   If the customer defaults or becomes insolvent, Neurolite AG may withhold pending deliveries or demand full prepayment.

10. Reminder and Collection Fees
    If the customer is in default, Neurolite AG may send reminders by email, post, or phone. Fees apply as follows:
    1st reminder: CHF 5.–
    2nd reminder: CHF 10.–
    3rd reminder: CHF 15.–
    If reminders are unsuccessful, the claim may be transferred to a collection agency, which may charge additional processing fees.

11. Retention of Title
    Neurolite AG retains ownership of goods until full payment is received. The buyer must take necessary measures to protect Neurolite AG’s property rights.
    Neurolite AG may register the retention of title in the relevant public register with the buyer’s cooperation.
    In case of seizure or third-party intervention, the buyer must immediately inform Neurolite AG in writing.

12. Small Order Surcharge / Shipping Costs
    All orders are shipped via PostPac Economy. For orders below CHF 1,000 (excl. VAT), a small order fee of CHF 12.– applies for packaging and postage.
    For orders above CHF 1,000 (excl. VAT), Neurolite AG covers shipping and packaging costs.
    Optional upgrades:

• PostPac Priority CHF 14.–

• Swiss-Express “Moon” CHF 25.–
  These surcharges apply regardless of order value.

13. Limitation of Liability
    Claims for damages due to non-performance, breach of contract, negligence, or tort are excluded against Neurolite AG and its auxiliaries, except in cases of intent or gross negligence. Neurolite AG accepts no liability for consequential damages from product use.

14. Data Protection and Confidentiality
    Neurolite AG processes personal data in compliance with data protection regulations. Details are provided in the separate privacy policy, which forms an integral part of these GTC. Acceptance of these GTC also signifies acceptance of the privacy policy.
    Both parties agree to keep confidential all information obtained in connection with this agreement that is identified or reasonably recognizable as a business or trade secret, without time limitation.

15. Jurisdiction
    Belp is the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship. The legal relationship is subject to Swiss law.

16. Final Provisions
    Neurolite AG reserves the right to modify these General Terms and Conditions at any time.
    Should any provision of these GTC be invalid, the remaining provisions remain unaffected. In place of any invalid provision, the relevant statutory regulation shall apply.