General conditions of use - Website
These general terms and conditions (T&C) apply to any use of the website accessible under https://www.m-3sanitrade.com and managed by m3 Sanitrade SA, place de Cornavin 3, 1201 Geneva, Switzerland, as well as '' to any purchase of products or goods (Products) made through the Website.
I - ACCESS TO THE WEBSITE
1 - Acceptance of the CGUs and modifications
1.1 - Acceptance. By accessing the Website and using the services available there, including ordering and purchasing Products (the Services), you agree to be bound by these CGUs. Any use of the Website by yourself or by an employee, agent or representative of a legal person acting on behalf of the latter constitutes acceptance of these CGUs by that legal person.
1.2 -Modifications. We reserve the right to modify these CGUs at any time; you will be informed by any useful means (email, notification during connection, etc.). Any use of the Website subsequent to this information constitutes acceptance of the conditions of use as amended.
2 - Personal conditions of use
By using the Website or the Services, you confirm that you are at least 18 years of age and, if you are using the Website or the Products on behalf of a legal person, that you are authorized to do so.
3 - Personal space
To access certain features of the Website or use certain Services, you can create a personal space by providing your email address or a username and creating a password (Account). In this context, you may be required to provide personal identification information, such as your name, first name, delivery and billing address, as well as other optional information, such as a method of payment, your telephone number or even your company name if applicable. This information allows (i) the recording of your delivery and billing addresses for the next order (s), (ii) access to your order history, (iii) the tracking of your current orders, and (iv) registering Products in a wish list and creating availability alerts. Your Account will also allow you access to a contact form (the Form). Creating an Account is optional and is not required for the purchase of Products.
4 - Account, password and security
4.1 - Confidentiality. You are solely responsible for the quality and confidentiality of your password and your username, for any activity generated by your password and more generally for your Account.
4.2 - Security. You agree to inform us immediately - by means of the contact information set out in article 18 - of any fraudulent use of your password or your Account and of any other breach of security. m3 cannot be held responsible for any loss or damage resulting from non-compliance with these CGUs.
5 - Access conditions, Internet
5.1 - Access. The equipment and material (computer, software, means of telecommunication, etc.) necessary to access the Website are your sole responsibility, as are the telecommunication costs incurred by their use.
5.2 - Internet. Using the Internet involves risks, in particular that data transmitted in this way may be intercepted, altered or destroyed. By using the Website or the Services, you accept these risks and we accept no liability in connection with them.
6 - Intellectual property
6.1 - Ownership. With respect to the users of the Website and the Products, m3 is and remains the sole holder of all intellectual property rights on the Website, the Services, as well as the content accessible via the Website. The provision of these by m3 does not entail any transfer of intellectual property rights, nor the granting of any right of use other than the license conferred in accordance with article 2 below.
6.2 - License. Subject to compliance with these CGUs, and within the limits specified therein, you are revocable, non-exclusive, non-transferable and non-transferable authorized to access the Website and use the Content, for your personal use only.
7 - Restriction of use
7.1 - Restrictions. It is strictly prohibited: (i) to use and / or access the Website for purposes other than those provided for in these CGUs, in particular for commercial purposes; (ii) reproduce, modify, adapt, alter the Website, the Services and / or the Content; (iii) to create derivative works therefrom; (iv) access or seek to access the source code of the Website, using decompilation, reverse engineering or any other means; (v) make parts of the Website, Services or Content to which access is restricted available to third parties.
7.2 - Obligations. By using the Website, you agree to comply with all applicable legal provisions, not to use the Website for an unlawful purpose, not to include any false, incomplete or inaccurate information, not to include any virus, Trojan horse, worm, time bomb or any other program designed to damage, adversely affect, intercept or defeat any system, data or personal information.
8 - Modification, suspension and termination
8.1 - Website. We reserve the right, at any time, without having to justify a particular reason, to modify or to stop temporarily or permanently the Website or any Service, with or without notice, without incurring any liability.
8.2 - Account. If you have an Account, we may, at our sole discretion and without liability to you, without having to justify any particular reason, with or without notice, at any time, remove or limit your access to your Account or any Service, and deactivate or delete your Account.
9 - Disclaimer of warranty
9.1 - Website. You access and use the Website at your sole risk. The Website, the Services and the Content are provided as is and according to their availability. We expressly disclaim, and you waive, all warranties of any kind, whether express or implied, including, among others, any implied warranty of fitness to fulfill a particular purpose, of the quality or availability of the Website. , Services or Content.
9.2 - Exclusion of warranty. We make no express or implied warranties, make no commitments or make any representations that (i) the Website will meet your needs, (ii) use of the Website will be uninterrupted, secure or error-free, (iii ) the information, and in particular information of a medical or scientific nature, as well as the Content available on the Website will be current, accurate, true or exhaustive, (iv) the Services and results that can be obtained from the use of the Website will be accurate or reliable, and (v) the Website will be updated and any Content errors will be corrected.
9.3 - Downloads. Any material or content downloaded or obtained through the use of the Website is at your own risk and you will be solely responsible for any damage to your computer system or any loss of data which may result from such downloads.
10 - Responsibility
10.1 - Website. You expressly acknowledge and agree that m3, within the legal limits, is not liable for any damage, including, among others, damage arising from the law of civil liability, loss of profit, loss of use, loss of data or other intangible losses (this, even if we have been warned of the possibility of such damage) resulting from: (i) the use of the Website, its unavailability or the inability to use it, (ii ) unauthorized access to or alteration of your data, (iii) statements or behavior of any third party on the Website, (iv) information and results available on the Website, and in particular information from medical or scientific nature, as well as any sites linked to it and any documents published on the Website, (v) any other cause relating to the Website. Your attention is drawn to the fact that the information and Content available on the Website are not intended to provide medical or scientific information and can in no way replace medical advice or consultation with a doctor.
10.2 - IT risks. In addition, we do not accept any responsibility for the manipulation of a computer system by you, your representatives, or unauthorized third parties. We expressly draw your attention to the risks of viruses and the possibilities of targeted attacks by hackers. To combat viruses, we recommend that you use the latest versions of browsers and install continuously updated antivirus software. Opening emails from unknown sources and unexpected email attachments should generally be avoided. Moreover, ordinary emails sent over the Internet are neither confidential nor secure and can be read by third parties, lost, intercepted or modified. Emails cross borders, even if the sender and recipient are located in the same country. Emails can be infected with viruses.
11 - Compensation
You agree to indemnify us, our partners and employees for all liability, loss, damage, claim, penalty, fine, costs and expense, including, without limitation, reasonable attorneys' fees, resulting from your breach, wrongful or not. , of these T & Cs, in particular if you use the Website in violation of these CGUs.
II - PRODUCTS
12 - Order and purchase
12.1 - GCU. Unless otherwise agreed in writing, the supply of the Products is subject to compliance with these CGUs in their version at the time of ordering the Products and to compliance with the instructions communicated by m3 by all useful means.
12.2 - Due diligence. Before any order, it is your responsibility to verify that the chosen Products are suitable and that there is no intolerance or contraindication to their use. If in doubt, it is your responsibility to speak to your doctor or other healthcare professional.
12.3 - Presentation. The Website describes the Products as precisely as possible. The images presented on the Website are only indicative, they may differ from the Final Product and they do not bind m3.
12.4 - Availability. The Products are available while stocks last. m3 may provide for quantitative restrictions.
12.5 - Orders. Any order for Products that you place via the Website constitutes a binding offer on your part to enter into a contract with m3. You cannot cancel or modify an order once it has been placed. By submitting your order to m3, you make a firm commitment to acquire the Products and to pay the price indicated per m3 on its invoice in accordance with this section 12. m3 reserves the right to accept or refuse orders, those- this is not binding for m3 before sending an order confirmation in accordance with article 6 below.
12.6 - Confirmation. If your order is accepted by m3, you will receive a confirmation email indicating your order number, with the corresponding invoice for payment. If the Products are not available, or if for any other reason your order cannot be accepted, you are informed by email and you are no longer bound by your order.
12.7 - Price. Unless otherwise indicated by m3, the prices displayed on the Website are in Swiss francs (CHF), including VAT. They do not include delivery charges, as well as any foreign taxes, customs charges, insurance charges and other charges, which must be paid in addition, in accordance with the indications contained in the order confirmation. The prices indicated on the Website at the time of the order apply. m3 reserves the right to modify the price of the Products at any time.
12.8 - Invoice. otherwise indicated in m3, invoices issued per m3 are due and payable within 30 days of their date of issue. Payment is considered received by m3 on the day the total invoice amount is credited to the bank account indicated by m3.
12.9 - Interest and reminder costs. In the event of non-compliance with payment deadlines, the invoice amount is increased by 5% without sending a reminder. The unpaid invoice amount may be assigned or sold for collection. Moreover, administrative reminder fees apply, which are CHF 10.- for the first reminder, then CHF 30.- for any subsequent reminders.
12.10 - Non-compliance. In the event of non-compliance with its instructions or the CGUs, in particular this section 12, m3 reserves the right to refuse you access to the Website, respectively to refuse to supply the Products.
13 - Delivery, checks and returns
13.1 - Transfer of risks. Unless otherwise indicated by m3, the Products are delivered EXW (Ex-Works) (Incoterms 2020), place Cornavin 3, 1201 Geneva, Switzerland. As a result, the risks and costs associated with transport are entirely your responsibility and you acknowledge that m3 assumes no risk of loss, theft, delay or any other damage related to the delivery of your order.
13.2 - Delivery. Delivery dates are indicative and do not bind m3, which can make partial deliveries.
13.3 - Control and acceptance. You are responsible for inspecting the Products with all due attention immediately upon receipt and for identifying any manufacturing defects affecting them. Except notice of defects sent by [registered mail] to m3 at the latest 10 calendar days after delivery, specifying the nature of the defects observed, the Products are considered as accepted. Defects which could not be detected upon receipt (hidden defects) must be notified to m3 by registered mail within 10 days of their appearance, failing which they are considered definitively accepted.
13.4 - Returns. Unless otherwise specified by m3, the return or exchange of Products is only possible in accordance with the indications communicated on the Website, if the goods have not been taken out of their original packaging and this packaging has not not been opened.
14 - Product Guarantee
14.1 - Guarantee. m3 guarantees that the Products will not contain any defect upon delivery, nor any hidden defect for a period of 3 months, rendering them unusable. Provided that the defects have been announced in accordance with article 3 CGUs, m3 undertakes, at its option, to replace the defective Product or reimburse the price actually paid for this Product. Longer statutory limitation periods are reserved.
14.2 - Exclusions. In particular, the guarantee of article 1 GCU is excluded from the guarantee of damage due to misuse of the Products, a violation of articles 12.2 and 12.3 GCU, use contrary to the indications of m3 or for an unspecified purpose, negligence, storage or improper storage of the Products, accident, defects resulting from the transport of the Products, as well as loss or normal wear and tear.
14.3 - Exclusive guarantee. Within the limits of applicable law, the guarantee in Article 1 of the CGUs is exclusive and replaces any other guarantee on the Products or rights from you in this context.
14.4 - Limitation of liability. Without prejudice to article 10 CGUs, To the fullest extent authorized by law, m3 is exempt from any liability (civil and contractual), resulting in particular from any faults, errors or omissions, causing any damage, direct or indirect (even if m3 has been warned of the possibility of such damage). Without prejudice to the foregoing limitations, m3's liability for indirect and / or consequential loss or damage is expressly excluded (which includes in particular lost profit, commercial damage, loss of turnover or profit, loss of goodwill, loss of an opportunity or the cost of obtaining a substitute product or service), in relation to or resulting from the non-performance or faulty performance of the services, respectively the Products, in the to the extent that such exclusion is permitted under applicable law. Moreover, the liability of m3 and / or that of its directors, employees, agents and auxiliaries is limited to the maximum of the price actually paid for the Product.
III - GENERAL CLAUSES
15 - Data protection
16 - Miscellaneous
16.1 - Backup. If a provision of these CGUs should prove to be null or inapplicable, the parties agree that their intentions, as they emerge from the flawed provision, will be implemented to the fullest extent possible and that the other provisions of the CGUs will remain in effect. vigor and full effect.
16.2 - Assignment. You may not assign or transfer any of your rights or obligations under these CGUs. We may assign or transfer any right or obligation, or subcontract the performance of any of our obligations under these CGUs to any third party at any time, without requiring your prior consent.
16.3 - Force Majeure. m3 cannot be held responsible for the non-performance or delay in the performance of its obligations due to events of force majeure such as natural disasters of particular intensity, wars, acts of government or authorities, riots , strikes, epidemics or pandemics, or even breakdowns in electricity or telecommunications networks. If such an event occurs, we will notify you without delay.
16.4 - Waiver. Any tolerance or waiver of m3, in the application of all or part of the clauses of these CGUs, whatever the frequency and duration, may not constitute a waiver of their claim.
17 - Applicable law and for
17.1 - Applicable law. The CGUs and the relationship between you and us, respectively any company linked to m3, are governed by Swiss law, to the exclusion of conflict of law rules.
17.2 - For. Any dispute in connection with these CGUs will be subject to the exclusive jurisdiction of the competent courts at the headquarters of m3, subject to a mandatory forum.
18 - Contact us
You can contact us at the following address firstname.lastname@example.org