Terms and conditions
1. Scope of the terms and conditions
These terms and conditions apply to all orders placed via an online store run by careware (via Internet/online shop, telephone or fax) and to all deliveries made by careware AG (hereinafter "careware") to a customer. The customer is a legal entity or natural person who enters into a legal transaction for a purpose that that is outside their trade, business or profession.
2. Contracting parties
The contract of purchase is made between the customer and careware AG, Kernserstrasse 31, 6060 Sarnen (Swiss company no. CH-140.4.002.883-8).
3. Offer and acceptance of contract
3.1 The presentation of products in the online store does not constitute a legally binding offer, but an invitation to order.
3.2 By clicking the Order button, the customer is deemed to have placed a binding order for the items listed on the order page. The contract of purchase comes into being when having received the order, careware sends an order confirmation to the customer by e-mail.
3.3 All details, information, photos, product information, technical specifications, descriptions of functions, etc., in the online store are subject to change.
4. Prices and shipping costs
4.1 The prices specified on the product pages are in Swiss francs (CHF) and include the relevant value-added tax (VAT) and the prepaid recycling charge (vRG/TAR).
4.2 The prices stated in product offers and order confirmations are essentially binding but subject to mistakes and typographical errors.
4.3 Prices are subject to change at any time without notice; in this case the prices stated in the order confirmation are binding.
4.4 Careware may charge a flat shipping fee on top of the stated prices for delivery within Switzerland.
5.1 Payment can be made by invoice, PostFinance Card or credit card (MasterCard or Visa). careware may block specific payment options for certain products or customers without specifying reasons.
5.2 Payments by invoice are subject to a deadline of 30 calendar days from the date of the invoice.
5.3 careware reserves the right to appoint an agency to collect payment.
5.4 The customer is entitled to set off claims only if their counterclaims are confirmed by the courts as legally enforceable or acknowledged in writing by careware.
5.5 The customer may only exercise a right of lien if the claims are based on the same contractual relationship.
6. Contact details
The customer consents to being contacted by Sanitas by e-mail a maximum of four times per year for the purposes of surveying customer satisfaction.
7. Retention of title
The goods remain the property of careware until paid in full.
8.1 Orders will only be shipped to Switzerland.
8.2 Items usually ship within one working day. However, these and any other delivery dates specified are approximate and non-binding.
8.3 In the event of non-delivery, the customer has the right to cancel the contract only once 30 calendar days have elapsed from the order date.
8.4 Any delivery errors must be reported to careware in writing within five working days. In such cases the item must not be used; if the item is used, delivery is deemed to be accepted, and the price of the item must be paid.
9. Cancelling orders
9.1 Right of cancellation
The customer may cancel the contract in writing (e.g. letter, fax or e-mail) within five working days without specifying reasons or – if they have received delivery before the deadline expires – by returning the goods. The cancellation period commences at the moment the customer receives the goods.
To meet the deadline for cancellation it is sufficient to send notice of cancellation or send off the goods on time. Notice of cancellation must be sent to:
Service Center Basel
Lange Gasse 8
Tel.: +41 61 588 08 09
9.2 Consequences of cancellation
In the event of an effective cancellation, all payments and considerations received by both parties must be returned and any benefits generated from them (e.g. interest) surrendered. If the customer is not able to return part or all the items received, or can return them only in a worse condition, they are obliged to pay careware compensation for any deterioration in value. There is no obligation to do this if the sole reason for the deterioration in the goods received is that the customer has inspected them such as they might in a shop. The customer can avoid liability to compensate for lost value due to the deterioration of the merchandise resulting from using the merchandise as intended by not using the items as if they were their property and refraining from anything that would affect the value of the merchandise.
Goods capable of being sent as a parcel must be returned to careware at the customer's cost and risk. Any obligations to refund payments must be met within 30 days. For the customer this period commences at the moment they send notice of cancellation; for careware it commences at the moment it receives the customer's notice of cancellation.
9.3 The right of cancellation does not apply to deliveries of items manufactured to the customer's specification or otherwise clearly tailored to their personal requirements. It does equally not apply to audio or video recordings or to any software whose data carriers have been unsealed by the customer. Furthermore, it does not apply to products that are provided as download or emailed to the customer following the order.
9.4 Return Policy: There is no general right to return ordered products. It is the client's responsibility to avoid damage and dirt. The products, together with all accessories and packaging components, must be properly packed and returned to careware in their original packaging.
9.4.1 Unlimited Right of Return: An article may be returned if
- the product was purchased within the last 30 days
- the product is contained in its undamaged, original and sealed packaging
The conditions above must be met cumulatively.
9.4.2 Limited Right of Return: A limited right of return applies if
- the original packaging has been opened but is undamaged
- has not been used and shows no signs of use
- all accessories are included
The conditions above must be met cumulatively. Articles are taken back after careful examination by our customer service. The amount deduced from the refund is set by our customer service. The maximum amount refunded will be the purchase price minus the determined deduction amount.
9.4.3 No Right of Return: A return is not possible for any of the below
- articles that are not in their original packaging
- articles that do not include all accessories
- consumables (toner, filters…) that have been opened
- certain unsealed articles (headphones, razors, toothbrushes) for reasons of health and hygiene
- software with a broken seal
- books with a broken seal (shrink wrap removed)
- articles such as underwear/lingerie, socks, brassieres and swimwear
9.5 The customer must send the goods as a postage-paid package and retain the post office receipt.
10.1 The delivery note serves as a warranty.
10.2 The warranty runs for 24 months from the date of the delivery note.
10.3 In the event of substantial defects during the warranty period, once these defects have been discovered the product must be returned to careware with the delivery note and a precise description of the defects. Goods are returned at the customer's cost and risk.
10.4 The warranty only covers the right to remedial work or a replacement.
10.5 Any other warranty is waived to the extent permitted by law.
11.1 No liability is accepted except for damage resulting from unlawful intent or gross negligence.
11.2 No liability is accepted for direct, indirect or consequential damage.
12. Final provisions
12.1 If one or more provisions of these terms and conditions is or becomes invalid, the validity of the other provisions or the entire terms and conditions shall not be affected; the invalid provisions shall be replaced by the relevant provisions of the law.
12.2 These terms and conditions are subject to change at any time. Orders placed before the new terms and conditions entered into force are subject to the terms and conditions valid at the time the order was placed.
13. Jurisdiction and applicable law
13.1 The contract is subject exclusively to Swiss law.
13.2 As far as permitted by law, the courts of Sarnen have sole jurisdiction.
Sarnen, 23 June 2016