General terms and conditions Nuvena GmbH
The following terms and conditions apply to all orders placed through our online shop by consumers and entrepreneurs.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
With regard to entrepreneurs, these terms and conditions also apply to future business relationships without our having to refer to them again. If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby contradicted; they only become part of the contract if we have expressly consented to this.
Subsidiary agreements or further commitments by Nuvena must be made in writing. Nuvena expressly reserves the right to change these general terms and conditions at any time.
- Contractual partner, conclusion of contract
The purchase contract is concluded with Nuvena GmbH.
By clicking the order button, the customer places a binding order for the products listed on the order page. Immediately after receiving the order, the seller confirms receipt of the order by email. The purchase contract is only concluded when the seller confirms the dispatch of the goods by email (order or dispatch confirmation) or at the latest when the goods are delivered.
In the case of prepayment, the purchase contract is concluded upon confirmation of receipt of the prepayment by the seller
Nuvena’s range of products can include medicinal products in the dispensing categories A to E of the Swiss Medicines Institute Swissmedic, medical products and aids, over-the-counter health and cosmetic products and food supplements. Nuvena can adapt or add to the existing range at any time.
Nuvena reserves the right to contact the customer or the prescribing doctor directly if anything is unclear.
- Contract language, contract text storage
The language available for the conclusion of the contract is German. The contract text is not stored by us.
- delivery terms
In addition to the stated product prices, there are also shipping costs. You can find out more about the amount of shipping costs in the offers.
We only deliver by post. Unfortunately, a self collection of the product is not possible.
We do not deliver to packing stations.
The delivery takes place in neutral packaging to any address requested by the customer in Switzerland. The parcels are sent with A Mail.
- refund policy
The delivered products can be returned up to 14 days after receipt at the customer’s expense. Products that have already been paid for will be refunded immediately.
The address for returns is:
The following payment methods are generally available in our shop:
When you submit your order, you also provide us with your credit card details.
After your legitimation as the legal cardholder, we will ask your credit card company to initiate the payment transaction immediately after the order has been placed. The payment transaction is carried out automatically by the credit card company and your card is charged.
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.
The payment transaction is carried out automatically by PayPal immediately afterwards. You’ll get more information during the ordering process.
When ordering on account, customers are checked for their creditworthiness. The products are only sent if they have a good credit rating. If this is not the case, the customer will be contacted and asked to transfer the amount in advance.
- Default in payment / reminder / collection (if purchase on account in the offer)
In the case of delivery on account, the purchase price is due within 30 days of delivery of the goods. If payment is not made within this period, the customer will be in default.
Nuvena GmbH will send the customer 3 written reminders in the event of default. The following fees are due with the reminder of the claim:
Reminder after 30 days as a payment
reminder 2nd reminder after 10 days CHF 40.00
Last reminder after 5 days CHF 20.00
If the outstanding amount is not paid even after the last reminder, the claim will be pursued. Nuvena GmbH hands over the claim for the operation to the company Intrum.
- Retention of title
The goods remain our property until full payment.
For entrepreneurs, the following also applies: We reserve ownership of the goods until all claims from an ongoing business relationship have been settled in full. You may resell the reserved goods in the ordinary course of business; You assign all claims arising from this resale to us in advance – regardless of whether the reserved goods are combined or mixed with a new item – in the amount of the invoice amount, and we accept this assignment. You remain authorized to collect the claims, but we may also collect claims ourselves if you fail to meet your payment obligations.
- Transport damage
Nuvena guarantees that delivered products are stored properly and in their original packaging and that they will be delivered within their shelf life. The customer checks the delivery for any defects and completeness immediately upon receipt. Complaints are to be reported to Nuvena immediately in writing or by telephone – if recognizable no later than 5 days after receipt, if not recognizable immediately after discovery. Otherwise, the customer acknowledges that the delivery was made in accordance with the contract and that the delivery was in perfect condition. Minor deviations customary in the trade that are based on material-typical properties are not considered defects.
Defective products can be returned after first contacting Nuvena. We deliver replacements for defective products or, after consultation, issue the customer with a corresponding credit note, unless the customer has not reported the defect in due time in accordance with the above provisions. Any further guarantee, in particular for properties and effects of the products, is excluded, as far as the legal provisions permit. Product liability claims are to be addressed to the manufacturers of the corresponding products.
The customer must keep the original invoice in order to assert any claims.
Nuvena is not obliged to deliver a replacement if it can prove that it is not responsible for the defect complained about, for example in the case of defective products or services from third parties or subsequent changes to the products by the customer. Claims for damages due to any errors in the images or in the prices and texts are excluded.
The return or exchange of defect-free and completely delivered products is excluded for hygienic reasons or, in the case of pharmaceuticals, for legal reasons.
- Warranties and guarantees
Unless expressly agreed otherwise below, the statutory right to liability for defects applies. For consumers, the limitation period for claims for defects in used items is one year from delivery of the goods.
For entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected.
With regard to entrepreneurs, only our own information and the manufacturer’s product descriptions, which were included in the contract, apply as an agreement on the quality of the goods; We assume no liability for public statements by the manufacturer or other advertising statements.
If the delivered item is defective, we shall initially provide a guarantee to entrepreneurs, at our option, by eliminating the defect (repair) or by delivering a defect-free item (replacement delivery).
The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health
- in the event of willful or grossly negligent breach of duty as well as malice
- in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely on
- as part of a guarantee promise, if agreed
- as far as the scope of the product liability law is opened.
Information on any additional guarantees that may apply and their precise conditions can be found with the product and on special information pages in the online shop.
Customer service: You can contact our customer service for questions or complaints from 9 am to 6 pm by email at email@example.com
With the exception of liability for intent and gross negligence, any liability is excluded to the extent permitted by law.
With the order, the customer confirms that the products will only be used in accordance with the prescription, the relevant information given in the package insert and instructions for use as well as other medical information.
We are always unrestrictedly liable for claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health,
- in the event of willful or grossly negligent breach of duty,
- in the case of guarantee promises, if agreed, or
- as far as the scope of the product liability law is opened.
In the event of a breach of essential contractual obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner can regularly rely (cardinal obligations) through slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is foreseeable at the time the contract was concluded Damage limited, the occurrence of which can typically be expected. Otherwise claims for damages are excluded.
Nuvena acquires and processes personal data as far as this is necessary for business transactions (such as deliveries, keeping a patient record and for billing with health insurance companies) or due to legal regulations. Nuvena can pass on data to third parties, as far as this is necessary to fulfill the legal obligations or if the patient agrees to a transfer.
In addition to collecting and processing personal data to process the purchase, Nuvena also uses this data in particular for shopping cart analyzes, advertising campaigns, specific offers, customer contacts or to recommend services. It can work with third parties in this regard. The customer can object to the use of his personal data for advertising purposes at any time as a whole or for individual measures.
Nuvena processes the data that the customer provides when registering or that is recorded for purchases with the greatest care and in accordance with the rules of Swiss data protection.
All prices in the Nuvena online shop are given in Swiss francs (CHF) and include the statutory value added tax and any advertised discounts.
The medical devices are delivered at the public prices valid on the delivery date, including statutory VAT.
- Place of jurisdiction and applicable law
All legal relationships between Nuvena and its customers are subject to substantive Swiss law.
Zurich is the place of jurisdiction for consumer lawsuits and all other cases.