General Terms and Conditions of ScanSoles AG,
Kreuzstrasse 46, CH-8008 Zurich, Switzerland
("SCANSOLES")
UID: CHE-290.721.557
SCANSOLES is a leading provider of custom-made, high-quality orthopaedic shoe insoles and various other products (hereinafter collectively "Products") in the field of health and well-being. Details of SCANSOLES products can be found on the website www.scansoles.com.
The following General Terms and Conditions ("GTC") apply to all products as well as other offers of SCANSOLES, irrespective of the type of purchase/use by the customer, unless individual agreements or other conditions of SCANSOLES are applicable.
By purchasing products from SCANSOLES, you (hereinafter "Customer") agree to be bound by the terms and conditions set forth below. Any deviating terms and conditions of the Customer shall only be binding with the express written consent of SCANSOLES.
Should one of the following provisions be invalid, this shall not affect the validity of the remaining provisions. The invalid clause shall then be replaced by a new clause which comes as close as possible to it in economic terms.
All rights not granted to the Customer under these GTC are reserved by SCANSOLES.
The subject matter of the contract is the products included in the customer's order. With the order of products via the SCANSOLES mobile app (hereinafter "App"), a legally binding contract is created between the customer and SCANSOLES regarding the purchase of the corresponding products by the customer.
SCANSOLES' prices are in the currency displayed in the app. VAT, customs, import, and transport charges to the customer's order address may not be included in the listed prices.
Payment of the purchase price is due with the order and is settled directly in the app using various electronic payment options. The corresponding payment conditions and modalities are presented during the ordering process.
In the event of late payment or non-execution of electronic payment, SCANSOLES reserves the right to immediately discontinue any further scheduled deliveries and the customer's right to claim late delivery shall be deemed forfeited.
Delivered products remain the property of SCANSOLES until they have been paid for in full. At the request of SCANSOLES, the customer shall fully support SCANSOLES for the protection of its property rights.
SCANSOLES makes no guarantees whatsoever about any assumption of costs or approvals of costs by health insurance companies. Clarifications regarding cost sharing by the customer's health insurance company are the sole responsibility of the customer. SCANSOLES does not settle directly with the health insurance companies.
Claims for defects become time-barred 6 months after delivery. Obvious defects must be reported to SCANSOLES in writing within three working days of receipt of the product, otherwise the delivered products shall be deemed approved. If the products are demonstrably defective, the customer may demand a replacement delivery during the warranty period of one year. SCANSOLES accepts no liability for damages and risks arising from natural wear and tear, improper use or excessive stress on the products. Further claims of the customer for any consequential damages are excluded. Under no circumstances does SCANSOLES guarantee that its services or products will lead to or contribute to the alleviation or even the healing of any complaints.
All claims for damages by the customer are excluded, with the exception of claims based on damage to life, limb and health, as well as based on SCANSOLES' liability for other damages on the basis of an intentional or grossly negligent breach of duty. Any liability of SCANSOLES under the Swiss Product Liability Act remains unaffected.
The current privacy policy of SCANSOLES can be viewed at www.scansoles.com. The customer agrees to the privacy policy.
All registered trademarks of SCANSOLES, in particular the trademark "Bähler", are protected by law. All copyrights or other intellectual property rights of SCANSOLES may not be copied, reproduced, posted, transmitted, modified or distributed in any way without the prior written consent of SCANSOLES.
The use of marketing materials provided by SCANSOLES for the direct promotion of SCANSOLES products is excluded.
All rights not granted to the Customer under these GTC are reserved by SCANSOLES.
The legal relationship between SCANSOLES and the customer shall be governed by Swiss substantive law, excluding the conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. The place of jurisdiction for all claims arising from the contractual relationship is Zurich, Switzerland.
Last modified: March 2021