CH EXPERIENCE THE DIFFERENCE

  

 CH EXPERIENCE THE DIFFERENCE CH

  

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EN DE FR IT TR

General Terms and Conditions of Lindarenmed

 

These GTC are applicable to

  • the use of the service and access to this website, and
  • any other related agreement or legal relationship with the provider

in a legally binding manner. Defined terms are listed in the relevant section of this document.

Users are requested to take careful note of this document.

If other contracts or agreements exist between the provider and sellers, they shall take precedence over these GTC. In such cases, these GTC shall only apply in addition to and in accordance with the applicable provisions of such contracts and agreements.

This website is offered by:

LINDAREN med AG, company for a healthy life
Oberstrasse 125A
P.O. Box 2233
CH - 9001 St. Gallen
Tel.: 0840 000 200
E-mail address of the provider: info@lindarenmed.ch

"This website" refers to

  • this website, including its subdomains and any other website through which the provider makes the service available;

The following documents, to which express reference is made, are an integral part of these GTC:

The most important facts at a glance

  • It should be noted that individual provisions of these GTC may only be relevant for certain categories of users, for example only for consumers or only for users who are not acting as consumers. Such restrictions of the scope of application shall be expressly indicated in each clause concerned. If no such reference is made, the clause shall apply to all users.
  • Access to this website and the service is age-restricted and is only available to users of legal age in accordance with the applicable law.
  • This website automatically renews product subscriptions. Information on a) the renewal period, b) the termination and c) the termination letter can be found in the relevant section of these GTC.

How this website works

Notwithstanding its role as a mere technical service provider as described above, the Provider may offer additional services such as packaging, shipping or dispute resolution support to any party involved in such interactions.

This website is merely a technical infrastructure or platform that enables interaction between users. The provider is not directly involved in such interactions between users.

These GTC refer exclusively to this website and to the described use as a platform.
General terms and conditions and all other provisions specifically applicable to transactions between buyers and sellers are communicated by the respective seller.

TERMS OF USE

Unless otherwise stated, the terms and conditions set out in this section apply when accessing this website.

Individual or additional terms of use or access may apply in certain circumstances and in such cases are expressly stated in this document.

By using the service, users confirm that they fulfill the following conditions:

  • Users can be consumers or business customers;
  • Users must be of legal age in accordance with the applicable law;

Account creation

In order to use the service, users can register or create a user account by providing all necessary data or information completely and truthfully.
The service can also be used without registering or creating a user account. However, this may lead to limited availability of certain functions.

The user must ensure that the access data is kept confidential and secure. For this reason, the user must also choose a password that meets the highest security requirements possible via this website.

When registering, users agree to be responsible for all actions taken in connection with their user name and password.
Users are obliged to inform the Provider immediately and unequivocally via the contact details provided in this document if they believe that their personal information, including user accounts, access data or personal data, has been breached, unlawfully disclosed or stolen.

Conditions for creating a user account

The creation of a user account is subject to the following conditions. By registering, the user agrees to comply with these conditions.

  • The creation of user accounts by bots or other automated methods is not permitted.
  • Unless otherwise stated, each user may only create one account.
  • Unless expressly permitted, a user account may not be shared with other persons.

Termination of the user account

User accounts can be deleted at any time as follows:

  • By contacting the provider directly using the contact details provided in this document.

Blocking and deletion of the user account

The provider reserves the right to block or delete user accounts at its own discretion at any time and without prior notice in the following cases:

  • The user has violated these GTC; and/or
  • The User's access to this Website or the User's use of the Service may cause damage to the Provider, other Users or third parties; and/or
  • The use of the service by the user could violate legal regulations or ordinances; and/or
  • in cases of investigations by public prosecutors or other official proceedings and orders; and/or
  • The provider deems the content or use of the account to be inappropriate, offensive or in breach of contract at its own discretion.

The blocking or deletion of the user account does not give rise to any claims for damages, indemnification or reimbursement on the part of the user.
The blocking or deletion of the user account for reasons for which the user is responsible does not release the user from the obligation to pay agreed fees or prices.

Content available via this website

Unless otherwise stated or clearly recognizable, all content available via this website is the property of the provider and is provided by the provider or its licensors.

The provider makes every effort to ensure that the content provided via this website does not violate applicable legal provisions or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, users are requested to address their complaint preferably to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected by this.

Rights to the content available via this website

All rights to the content are reserved by the provider.

Users may only use the content to the extent that this is necessary or - even implicitly - intended for the proper use of the service.

In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, redesign, publish, transfer to third parties, sell or license the content, or enable third parties - even without the user's knowledge - to perform the aforementioned actions via their own device.

Where expressly indicated via this website, the user may download, reproduce and/or distribute selected content available via this website for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the provider are correctly affixed.

Legal restrictions or exceptions remain unaffected by this.

Access to external resources

Users may be able to access external resources provided by third parties via this website. Users acknowledge and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability.
The conditions under which such resources provided by third parties are available and under which rights of use to such content are granted, if applicable, result from the contractual provisions of each third party or, alternatively, from the applicable statutory provisions.

Permitted use

This website and the service may only be used as intended and in accordance with these GTC and the applicable statutory provisions.

Users are responsible for ensuring that their access to this website and/or their use of the service does not violate any legal provisions, regulations or third-party rights.

Therefore, the provider reserves the right to take all appropriate measures to protect its legitimate interests, such as denying users access to this website or the service, terminating contracts, reporting objectionable actions taking place via this website or the service to the competent authorities - such as judicial or administrative authorities - if users demonstrably or presumably:

  • violate statutory provisions, regulations or these GTC; or
  • infringe the rights of third parties; or
  • significantly impair the legitimate interests of the provider; or
  • insult the provider or a third party.

"Invite friends"

Through this website, users have the opportunity to receive benefits if a new user purchases a product offered via this website based on their recommendation.
Please refer to this website for the relevant terms and conditions.

The provider reserves the right to terminate the offer at any time and at its own discretion.

Software license

All rights to the software or technical solutions on which this website is based, or which are embedded, integrated or connected to it, are the exclusive property of the provider and/or its licensors.

Provided that the User complies with these GTC and notwithstanding any deviating provisions of these GTC, the Provider only grants the User a freely revocable, simple, non-sublicensable and non-transferable right to use the Software and/or other solutions integrated in the Service within the scope and for the purposes of the intended use of the Service offered.

In particular, users are not granted any right to access the source code or to use or pass on the source code. Rights to all processes, algorithms and technical solutions contained or integrated in the software and all associated documentation are the exclusive property of the provider or its licensors.

All rights granted and licenses issued shall automatically lapse upon termination of the agreement - for whatever reason.

API Terms of Use

Users can access their data relating to this website via the API interface (API). Any use of the API, including use of the API through a third party product/service, is subject to these T&Cs and the following additional terms and conditions:

  • The User acknowledges and expressly accepts that the Provider is not liable for any damage or loss resulting from the use of the API by the User or the use of third-party products/services that access data via the API.

CONDITIONS OF SALE

Chargeable products

Some of the products available via this website as part of the service are subject to a charge.

Prices, terms and other conditions applicable to the purchase of such products are described below. For further information, please refer to this website and the relevant sections.

Product description

Prices, descriptions and availability of products can be viewed in the relevant sections of this website and are subject to change without notice.

Although products are presented on this website with the greatest possible technical care, representations of any kind (including graphic representations, images, colors, sounds) are for reference purposes only and do not constitute a guarantee regarding the characteristics of the purchased product.

The features of the selected product will be explained during the purchase process.

Purchase process

All steps from selecting a product to placing the order are part of the purchase process.
The purchase process includes the following steps:

  • The user selects the desired product from the range and, where provided, specifies the desired quantity or properties so that the product appears in the product selection.
  • Within the product selection, users can review, change, remove or add products and, if provided, give specific instructions (e.g. "send with a gift receipt").
  • Users use the checkout button to be redirected to the checkout view.
  • In the checkout view, users must enter their contact details, billing and delivery address as well as a shipping and payment method of their choice in successive steps.
  • During the purchase process, users can change or correct the information provided at any time, add a gift voucher, referral code or discount code (coupon) or cancel the purchase process completely without any consequences.
  • After providing all the required information, users must carefully check their order and then confirm and submit it by using the appropriate button or mechanism on the service (this website). By doing so, users accept these GTC and undertake to pay the agreed purchase price.

Placing the order

When the user places an order, the following applies:

  • The contract is concluded when the order is placed. Placing an order therefore creates an obligation for the user to pay the price, taxes and any other fees and expenses as specified on the order page.
  • If the purchased product requires the active input of information, such as personal information or data, specifications or special requests, the placing of the order constitutes an obligation on the part of the user to cooperate accordingly.
  • After placing the order, users receive a confirmation of receipt.

All notifications in connection with the described purchase process will be sent to the e-mail address provided by the user for this purpose.

Prices

Users will be informed of all fees, taxes and costs (including any shipping costs) to be borne by them during the purchase process and before placing the order.

The prices are displayed on this website as follows:

  • either excluding or including all applicable fees, taxes and costs, depending on which section the user is currently in.

Offers and discounts

The Provider may offer discounts or special offers for the purchase of products. Such offers and discounts are always subject to the terms and conditions set out in the relevant section of this website.

Offers and discounts are always granted at the provider's own discretion.

Repeated or recurring offers or discounts do not establish any claims/title or rights that users can assert in the future.

Depending on the case, discounts or offers are only valid for a limited period or while stocks last. If an offer or discount is limited in time, the time specifications refer to the provider's time zone, unless otherwise stated. This can be found in the corresponding information provided by the provider in this document.

Coupons

Offers or discounts may be based on coupons.

In the event of a breach of the conditions applicable to coupons, the provider may lawfully refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.

Notwithstanding the provisions below, any additional or different rules for the use of the coupons that can be found on the relevant information page or the coupon itself shall always take precedence.

Unless otherwise stated, the following rules apply to the use of coupons:

  • Each coupon is only valid if it is used in the manner and within the period specified on the website and/or in the coupon;
  • A coupon can only be used in full and at the time of purchase - partial use is not permitted;
  • Unless otherwise stated, coupons for single use may only be used once per purchase and can therefore also only be used once for installment purchases;
  • Coupons cannot be used cumulatively;
  • The coupon can only be redeemed within the period specified in the offer. After expiry of this period, the coupon expires automatically and excludes any possibility of asserting the rights arising from the coupon, including a payout.
  • The user is not entitled to a credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value;
  • The coupon is intended exclusively for non-commercial use. Any reproduction, imitation or commercial trading of the coupon is prohibited, as are any illegal activities in connection with the purchase and/or use of the coupon.

Payment methods

Information on the accepted payment methods will be provided during the purchase process.

Some payment methods may only be available subject to additional conditions or fees. In these cases, you will find the relevant information in the corresponding section of the service (this website).

All payments are processed via third-party providers. Therefore, this website does not collect any payment information - such as credit card details - but only receives a notification when the payment has been successfully completed.

If the payment via the available methods fails or is refused by the payment service provider, the provider is not obliged to fulfill the order. Any costs or fees resulting from the failed or refused payment shall be borne by the user.

Retention of title

The ordered products only become the property of the user upon receipt of payment of the full purchase price by the provider.

Maintenance of the rights of use

Users do not acquire any rights of use to the purchased product until the provider has received full payment of the purchase price.

Delivery

Deliveries shall be made to the address specified by the user and in the manner specified in the order overview.

Upon delivery, the user must check the contents of the delivery and report any discrepancies immediately using the contact details provided in this document or as described in the delivery bill. Users may refuse to accept the parcel if it is visibly damaged.

This website describes in the relevant section the countries or territories to which the goods are delivered.

This website also describes the corresponding delivery times, or alternatively these can be specified during the purchase process.

Unsuccessful delivery

The provider or seller is not liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the user, nor for damage or delays after delivery to the carrier if the carrier was commissioned by the user.
If the goods have not been accepted at the specified time or collected within the specified period, the goods will be returned to the provider or the respective seller. In this case, the provider or the respective seller will contact the user to arrange a second delivery attempt or to discuss the further procedure.
Unless otherwise agreed, the user shall also bear the costs for each further delivery attempt from the second delivery attempt onwards.

Provision of digital content

Unless otherwise stated, digital content purchased via this website is transferred to the devices selected by the users via download.

Users acknowledge and accept that the device(s) and software (including operating systems) intended for download and/or use of the Product must be legal, commonly used, up-to-date and in compliance with current market standards.

Users acknowledge and accept that the ability to download the purchased product may be limited in time and space.

Subscriptions

Subscriptions allow users to receive a product continuously or regularly over a certain period of time. Details on the type of subscription and cancellation are listed below.

Subscriptions with a fixed term

Paid subscriptions with a fixed term begin on the day payment is received by the provider and have the term selected by the user or specified when the order is placed.

After the subscription period has expired, the product is no longer accessible.

Automatic renewal of subscriptions with a fixed term

At the end of the initial term, the subscription is automatically renewed for an unlimited period unless the user cancels before the end of this term.

The fee due upon renewal will be charged via the payment method selected by the user at the time of purchase.

After renewal, the subscription runs indefinitely and can be canceled monthly.

Termination

Renewed subscriptions can be terminated at any time by sending a clear and unambiguous notice of termination to the provider. To do so, users must use the contact details provided in this document or - if possible - the corresponding control elements made available via this website.

If the letter of termination is received by the provider by the end of the current month, the subscription expires at the end of that month.

User rights

Right of withdrawal

Provided there are no exceptions, the user can withdraw from the contract within the period specified below (usually 14 days) without giving reasons. In this section, users can find out more about the withdrawal conditions.

The right of withdrawal does not apply to contracts concluded with the supplier. However, it may apply to contracts concluded with sellers.
Where applicable, the right of withdrawal for contracts entered into with sellers through this website is subject to the terms and specifications provided by each seller through this website.

Statutory warranty law

Under EU law, traders are liable for the conformity of the goods they sell for a period of at least two years from delivery. Traders must therefore ensure that the purchased goods have the promised or reasonably expected quality, functionality or characteristics for at least two years after delivery to the buyer.

For users acting as European consumers, the statutory warranty law applies to goods available via this website in accordance with the laws of their country of habitual residence.

The national laws of these countries may grant users more extensive rights.

For users who are not European consumers, the warranty rights of the country in which they have their habitual residence apply.

Liability and compensation

EU users

Compensation

To the extent permitted by applicable law, the User agrees to indemnify and hold the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from any claim or demand, including, but not limited to, attorneys' fees and costs, made by any third party due to or arising out of arising out of or in connection with any criminal use of or connection to the Service, violation of these Terms, violation of third party rights or violation of law by the User or its affiliates, officers, directors, agents, co-branders, partners and employees.

Limitation of liability for user activities via this website.

The user acknowledges and accepts that the provider merely provides the user with the technical infrastructure and functions on the service (this website).

The provider does not mediate in interactions, agreements or transactions between users, nor does it moderate, promote or intervene in them. It is therefore not liable for such interactions between users. This includes the fulfillment of user obligations.

In particular, users acknowledge and accept that the provider is not involved in sales made by users via this website.

This means that the seller and buyer are each solely liable for the corresponding offer and purchase via this website and for the resulting obligations.

In particular, the provider is not liable for:

  • pre-contractual declarations, claims and descriptions relating to the products offered via this website;
  • the existence of a valid license, authorization, qualification or other governmental approval that the seller may need under applicable law to offer certain goods or services;
  • the authorization of the buyers required under applicable law (e.g. with regard to age, solvency, etc.);
  • any obligations assumed by users through this website, including but not limited to product warranties and product safety;
  • any claims based on partial, incorrect or failed fulfillment of binding agreements concluded via this website.

Limitation of liability

Unless expressly stated otherwise and without prejudice to the applicable statutory product liability provisions, users have no right to claim damages from the provider (or any natural or legal person acting on its behalf).

This does not apply to damage to life, health or physical integrity or damage due to the breach of an essential contractual obligation, such as an obligation absolutely necessary to achieve the purpose of the contract and/or damage due to intent or gross negligence, provided that this website has been used properly and correctly by the user.

Unless damages were caused intentionally or by gross negligence or affect life, health or physical integrity, the provider is only liable for the amount of damages typical and foreseeable at the time of conclusion of the contract.

Common provisions

No waiver

Failure by the Provider to assert any right under these GTC or to enforce any provision of these GTC shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. The provider will inform users accordingly.

Within the framework of the statutory provisions, the Provider may also decide to suspend or terminate the Service entirely. In the event of termination of the service, the provider will cooperate with the users to enable them to delete personal data or information in accordance with the applicable law.

In addition, the service may be unavailable for reasons beyond the control of the provider, such as "force majeure" (e.g. labor disputes, infrastructure failures or power outages, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell or exploit this Site and the Service in any way without the express prior written permission of Provider, granted either directly or through a legitimate reseller program.

Privacy policy

To find out more about the use of their personal data, users can consult the privacy policy of the service (this website).

Intellectual property rights

Without prejudice to more specific provisions of these GTC, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights in connection with the Service (this website) are the exclusive property of the Provider or its licensors and are subject to the protection of applicable law or international treaties relating to intellectual property.

All trademarks, trade names or figurative marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this Website) are and shall remain the exclusive property of the Provider or its licensors and are protected by applicable intellectual property laws or international treaties.

Changes to these GTC

The provider reserves the right to change or otherwise modify these GTC at any time. In this case, the provider will inform the user appropriately about these changes.

Such changes only affect the relationship with the user in the future.

By continuing to use the service, the user accepts the amended GTC. If users do not wish to be bound by the changes, they must stop using the service. If the revised terms and conditions are not accepted, either party may terminate the contract.

For the relationship prior to the acceptance of the changes by the user, the respective valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider.

Assignment of rights and obligations

The Provider reserves the right to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC, taking into account the legitimate interests of the User.
The provisions on amendments to the GTC apply accordingly.

Users may not assign or transfer their rights or obligations under the GTC in any way without the written consent of the Provider.

Contacts

All communications relating to the use of the service (this website) must be sent to the contact details provided in this document.

Severability clause

Should any provision of these GTC be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US users

Any such invalid or unenforceable provisions shall be interpreted and modified to the extent necessary to make them valid, enforceable and consistent with their original intent. These Terms constitute the entire agreement between Users and the Provider relating to the subject matter hereof and supersede all other communications between the parties relating to the same subject matter, including any prior agreements.
These GTC shall be enforced to the extent permitted by law.

EU users

If any provision of these GTC is or is deemed to be invalid or unenforceable, the parties shall use their best endeavors to reach an amicable agreement on valid and enforceable provisions to replace the invalid, unenforceable or unenforceable parts.
Otherwise, the ineffective, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, insofar as this is permissible or provided for under the applicable law.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of individual provisions of these GTC shall not render the entire agreement null and void, unless the provisions in question are essential to the contract or of such importance that the parties would not have concluded the contract if they had known of the invalidity of the provision. If the remaining provisions would lead to unreasonable hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.

Applicable law

These GTC are subject to the law of the place where the provider has its registered office, with the exception of conflict of laws provisions. Users can find the location of the registered office in the relevant section of this document.

Exception for European consumers

Irrespective of this, users who act as European consumers and have their habitual residence in a country in which the law provides for a higher standard of consumer protection shall be subject to that higher standard.

Place of jurisdiction

The courts of the place where the provider has its registered office - as indicated in this document - shall have exclusive jurisdiction over all disputes arising out of or in connection with these GTC.

Exception for European consumers

This does not apply to users who act as European consumers or to users who act as consumers and have their place of residence or domicile in Switzerland, Norway or Iceland.

Dispute resolution

Amicable dispute resolution

Users can contact the provider with any disputes, who will attempt to resolve them amicably.

The user's right to take legal action remains unaffected at all times. However, in the event of disputes regarding the use of the service (this website) or the service, the user is requested to contact the provider using the contact details provided in this document.

The User may send the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the e-mail address of the Provider indicated in this document.

The provider will process the request immediately within 21 days of receipt.

Online dispute resolution for consumers

The European Commission has set up an online platform for alternative dispute resolution, which offers an out-of-court procedure for resolving disputes in connection with online contracts with consumers.

As a result, consumers in the EU, Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online.

The platform is under the following link.

Definitions and legal information

This website (or this application)

The application through which the provision of the service is enabled.

Agreement

Any legally binding or contractual relationship between provider and user governed by these GTC.

Business users

Any user who is not acting as a consumer.

Buyer

Is any user who purchases goods or services from sellers via this website, regardless of whether the transaction is made via this website or not.

Coupon

Any code or voucher in printed or electronic form that enables the user to purchase the product at a reduced price.

European (or Europe)

Refers to any user who is located within the EU or whose place of business is within the EU, regardless of nationality.

Provider (or We)

Is the natural person(s) or legal entity(ies) that makes this Website and/or the Service available to Users.

Product

A good or service offered for sale through this website, such as physical goods, digital files, software, booking services, etc. The offering of products may be part of the service defined above.

Vendor

Is any user who sells goods or services to buyers via this website, regardless of whether the transaction takes place via this website or not.

Service

The service provided through this website as described in these GTC and on the service (this website).

GTC

All terms and conditions applicable to the use of the Service as described in this document and/or this Website, including any related documents or agreements, as amended from time to time.

User (or you)

Is any natural or legal person who uses this website.

Consumers

Any user who makes use of goods or services for purposes that lie outside their commercial, business, craft or professional activity.