General Terms and Conditions

NYD International GmbH
Stationsstrasse 57
8606 Nänikon

1. The Scope of the Terms and Conditions

The following Terms and Conditions of NYD International GmbH apply to all the products offered at our shops and all the services we render. Submitting the order by pressing the order button constitutes a simultaneous acknowledgement and acceptance of our T&Cs. In turn, NYD International GmbH hereby undertakes to carefully process and render the services to the benefit of the Customer and in accordance with the general terms and conditions specified herein. Subsidiary agreements or arrangements require a written form and must be countersigned in writing by NYD International GmbH. These general terms and conditions apply exclusively to orders submitted from Switzerland and deliveries within Switzerland.

2.  Conclusion of the Contract

Display of products in the online shop does not constitute a legally binding offer, but a non-committal online catalogue offer. By clicking the "Send Order" button, you place a binding order for the goods added to your cart. The entrance of your order is confirmed immediately upon the acceptance of the order by an automated e-mail. This confirmation e-mail constitutes the conclusion of the Purchase Contract. You will also receive acknowledgment of receipt of all the customer information, which you should print to keep on file.

3. Offers and Prices

All offers are subject to change. Prices include 8% VAT. The binding prices are the prices listed at the time of placing of the order. Availability, errors and intermediate sale reserved. Orders are valid whenever placed online, by mail, fax or e-mail.

4. Payment Terms

The following payment methods are available for the purchase of our products:
Prepayment - upon submitting the order, you will receive an order confirmation specifying our postal account via e-mail. In the case of prepayments, we offer a 3% cash discount. Once we receive the payment, we will immediately execute the order.
Credit Card - we are currently accepting MasterCard, Visa and American Express credit cards. The invoice amount is brought for settlement to your card company at the time of the order placement.

Postfinance Card, Yellowpay - Convenient and secure online payment. The amount will be debited to your post account free of charge. There are 2 payment methods to choose from: Postfinance Card, Postfinance E-Finance.
Invoicing - We deliver per invoice to companies and organisations that are entered into the Swiss Commercial Register, as well as to physical persons permanently residing in Switzerland. NYD international GmbH reserves the right to refuse a delivery per invoice without the need to state any reasons. In the case of delayed payment, NYD International GmbH is entitled to charge the costs incurred as a result of procuring the services of a debt collection company to the debtor. The right to claim further damages remains reserved.
Installment Purchase - The payment by installments (assuming a positive credit rating) is possible against partial payment surcharge.

5. Delivery Conditions

With the order confirmation, NYD International GmbH undertakes to deliver the product(s) and the Customer commits himself or herself to accept their order. As a rule, we deliver by Swiss Post or using our own courier service.

5.1 Delivery Costs

For the delivery costs, please refer to the description of the article you ordered.

5.2 Lead Time

The mentioned delivery times vary according to our product information pages. In the case of a deadline being exceeded, you shall not be entitled to cancel the order or claim compensation. If a shipment or delivery date is exceeded, the Purchaser is entitled to set a grace period.

5.3 Partial Deliveries

The Purchaser hereby undertakes to accept partial deliveries. The additional deliveries will not incur additional shipping charges.

5.4 Completeness of Delivery

The Customer is obliged to check the delivery for completeness and accuracy at the time of its hand-over/receipt. In-transit damage must be reported immediately upon delivery to the delivering mail carrier, parcel service or forwarding agency and it must be noted in writing. Written complaints shall be processed within 5 (five) working days.

5.5 Right of Withdrawal

We grant our Customers a right of withdrawal of the products purchased from us. Please send us your written withdrawal by e-mail, fax or standard mail within 7 days of the receipt of the goods. Adherence to the notice period is determined on the date of dispatch of the revocation. The exercise of the right of withdrawal requires no justification. The returned goods must be sent to the following address:

NYD International GmbH?Stationsstrasse 57 ?8606 Nänikon?Fax 044 940 38 35?Email info@biosense.ch

The exercise of the right of withdrawal leads to the transformation of the Purchase Contract into a return contract relationship, whereby the services rendered as part of the Purchase Contract must be reimbursed. Received goods are to be returned no later than within 14 days following the declaration of withdrawal. We can only refund the purchase costs once we have received the returned goods. In the event of a withdrawal, please send us the goods back without delay in their original packaging. The cost of return of the goods shall be borne by the Customer. We will refund the purchase price immediately upon the receipt of the goods.

We hereby reserve the right to deduct the compensation for any possible damage or excessive wear and tear from the purchase price to be refunded, if a possible loss in value is a direct result of such handling of the goods that was not necessary to determine the type, condition and functionality of the product(s) in question.

Please do bear in mind that we grant no right of withdrawal for the following products:

- goods manufactured according to customer specifications, especially mattresses, beds and bedding,
- sealed goods that do not qualify for return on the grounds of health or hygiene and whose seals have been broken or removed.

Please keep the postal receipt for the return shipment, as it shall be required of you in the event that the package is lost.

5.6. Refusal of Acceptance

In the event of an unjustified refusal of acceptance of the delivery, the costs incurred in connection therewith shall be included in the invoice issued to the Customer in question. The right of performance of the contract shall remain unaffected.

6. Warranty Information

In general terms, the applicable warranty provisions and the warranty period are those delineated by the relevant manufacturer of the items purchased from NYD International GmbH. NYD International GmbH is entitled, at its own discretion, to offer the Customer an enhancement (repair) or a replacement. Rescission of sale, reduction or withdrawal on the part of the Purchaser shall be excluded.

6.1 Claims under the Warranty

In terms of the warranty, the Customer shall comply with the claim processing procedures defined by NYD International GmbH. The costs of sending the goods to be repaired shall be borne by the Customer. There is no entitlement to replacement products for the duration of the repair.

7. Retention of Title

NYD International GmbH is hereby entitled to retention of title in the appropriate register before the complete payment of the invoiced amount.

8. Copyrights

All web pages, texts and images of NYD International GmbH are protected by copyright. Typing errors, mistakes and alterations are reserved. All technical data about the individual products are based on the information provided by the manufacturer and are not considered binding.

9. Final Provisions

All legal relationships and agreements are subject to Swiss law. Verbal agreements are only considered binding if they have been confirmed in writing by NYD International GmbH. Should individual provisions of these GTC prove or become invalid, this shall not affect the validity of the remaining provisions.

10. Jurisdiction

The place of jurisdiction for all legal issues arising from this Contract shall be 8606 Nänikon, Switzerland.

Status: as of 05.07.2013