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doc-market! |
doc-market! |
doc-market! |
doc-market! |

marketplace

for medical equipment and instruments

General Business Conditions (GBC)

The following General Business Conditions (GBC) apply to all products and services offered by just-medical!. By using our services you accept the following conditions, unaltered and to their full extent:

1. Scope

1.1 Subject of the Contract

The subject of these GBC is the legal relationship between dr-ouwerkerk ag – just-medical!. (hereinafter «just-medical!») and parties who use their platforms and partner platforms, and who are looking for ads or offering ads (hereinafter «Users») regarding all products and services offered by just-medical!. These GBC apply to every use of the products and services offered by just-medical! (especially the publication of contents and ads and the retrieval of such publications).

1.2 Conclusion of Contract

Consent to these GBC is given by signing a written cooperation agreement or a written offer, through explicit or implied acceptance of an order confirmation, by paying an invoice, or by using the products and services of just-medical!. Users of just-medical! websites may be prompted to indicate their consent to these GBC once more by activating a corresponding entry field.

1.3 Contract components

Integrated contract components are (each to the extent that it applies to a specific case) (1) the written cooperation agreement completed between just-medical! and the User, (2) the user-specific written offer, (3) the written order confirmation, (4) these GBC, and (5) the product description applicable and published on the websites of just-medical! at the time at which a product or service was claimed. In the event of uncertainties or contradictions between individual contractual documents, the above ranking order shall apply.

In regard to data protection, the current version of the privacy policy published on the respective platform of just-medical! shall apply.

2. Services of just-medical!

2.1 Range of services

The User selects the services to be rendered by just-medical! from the range of services existing at the time the selection is made. The current range of services is always described on the just-medical! websites.

2.2 Ads

just-medical! offers those product descriptions as decisive for this range of services that apply at the time the service is used and that are published on the just-medical! websites.

For an ad or a publication of contents, the User purchases a corresponding publication, and, if needed, offers these on the websites of just-medical!. Each ad or content is advertised on the specific platforms of just-medical!. The period of validity stipulated in the respective product description, or in another integral part of the contract, shall apply. Unused ads or contents will expire without reimbursement, unless a written agreement has been made to the contrary.

3. Use of the range of services

3.1 Placing ads

By registering an ad or content (or providing the same for registration), the offering party grants their consent to the publication of the ad or information on the platforms of just-medical! and their partners, as well as on other publication channels used by just-medical!. In particular, users may share the ads on social networks.

Non-publication or erroneous publication of an ad or information, or placement on another ad than the one agreed, does not justify the assertion of any claims against just-medical!. However, the user is entitled to demand the correct publication of the unpublished or erroneously published ad.

3.2 Permissible use

Users are solely responsible for the content of their ads. They guarantee that the information contained in their ads is correct and up to date.

Ads must have as their purpose a search that is in accordance with regulations, and must comply with all legal requirements, to be published on the websites of just-medical!. In particular, ads must not violate intellectual property rights, personal rights, or other rights of third parties (see also Data Protection). The User commits not to publish any illegal content on just-medical! websites.

The User guarantees the following will not occur:

  • Several offers summarised in one publication;
  • Offers with false or insufficient ad content;
  • Offers that do not belong to that specialised area:
  • Offers that refer to offers for other positions, or to communication platforms, or to other products;
  • Offers that contain only post box numbers and inadequate identity/address information.

just-medical! reserves the right to remove from their services any ads that do not completely satisfy these requirements, without warning and without providing reasons. Moreover, just-medical! reserves the right to block the User and their access to further services provided by just-medical!.

3.3 Compliance with regulations

Users commit to fully comply with all applicable statutory requirements when using the platforms of just-medical! and their partner platforms.

4. Contractual period and data storage

Any premature cancellation of a contract concluded for a fixed term, or for a minimum period, is excluded. The right to termination for cause is reserved. In particular, if ads are deleted prematurely, full payment is due and the User has no claim to reimbursement for payments they have already made. The same applies to the deletion or blockage of ads that were prompted by just-medical! with support from these GBC or other contract components.

Services agreed upon in advance (e.g., royalties, presenting partner packages) shall be extended by the agreed duration if they are not terminated in writing with a notice period of three months prior to the end of the contract.

After the contract expires, just-medical! is not obligated to store any data or documents provided to them, or to return them to the User, unless they have expressly agreed to do so.

5. Payment conditions

The User’s payment obligation begins with contract conclusion. Invoices from just-medical! are to be paid without deductions within 30 days of receipt unless other payment conditions have been expressly agreed. If the payment is late, default interest of 5% will be invoiced. After the second warning has been made, cost-covering dunning charges will be levied as well. If the User is in arrears with the payment of invoices, just-medical! is also entitled to suspend their services without prior notice and to block the User and/or their access to additional services provided by just-medical!. If a staggered payment has been agreed and the User is late in paying an instalment, all outstanding instalments become due.

Upfront annualized premiums (e.g., royalties, presenting partner packages, multichannel packages) remain fully payable even if the user does not wish to use the associated services throughout the agreed 12-month contract period.
Pre-reserved modular projects (for example, med-mail series, patient cases for subject-specific med-cases, advertisement and banner publications) are charged at 50% on order. Should the user fail to call for these services or not to do so within the stipulated deadlines despite ordering the offered number of modules, 50% of the respectively agreed services remain due for those service items.
 

6. Third-party offers

just-medical! also publishes third-party offers, and/or links to offers or websites from third parties, on their platforms. just-medical! is not responsible for these third-party offers, or for the content of third-party websites, and assumes no liability in connection with such third-party offers or websites.

7. Liability

7.1 Warranty and liability

just-medical! renders their services carefully and professionally. However, they cannot guarantee that these services will be free of errors or available without interruption. In particular, just-medical! is not liable for any service interruptions, technical disturbances, or their effects. The ads provided on just-medical! platforms originate with each respective User. just-medical! does not guarantee that these ads are correct or complete. just-medical! endeavours to prevent third parties from making unauthorised exploitation of the data published on just-medical! platforms. However, any liability on the part of just-medical! in the event of unauthorised exploitation by third parties is expressly excluded. just-medical! makes no guarantee for the success of an invitation to tender. In any case, the liability of just-medical! is limited to unlawful intent or gross negligence. Liability for indirect damage or consequential damage is excluded.

7.2 Guarantee and liability of the User

The User is responsible for the lawfulness, correctness and completeness of the content they provide (or enter) for publication on the platforms of just-medical! and their partner platforms. They are responsible for carefully maintaining the confidentiality of their user data (especially their user name and password) and for all activities transacted using their access. The User is liable toward just-medical!, irrespective of any fault, for all damage and costs caused by violations of these GBC or other contract components. The User indemnifies just-medical! completely from all claims asserted against just-medical! by third parties as a result of the User’s use of the just-medical! platform and their partner platforms. The damages to be compensated also include reasonable legal costs. just-medical! will inform the User immediately about any claim asserted by third parties.

8. Various provisions

8.1 Place of performance

The place of performance for all services rendered by just-medical! is their business domicile or that of their subsidiaries.

8.2 Amending the contractual conditions

just-medical! reserves the right to amend these GBC at any time. The current version of these GBC published on the just-medical! website shall apply between the User and just-medical!. just-medical! will inform the User in a timely manner, either on their websites or using other suitable means, about amendments made to these GBC.

8.3 Changes to the range of services

just-medical! reserves the right to alter the range of services at any time, without giving warning or providing reasons, or to partially or fully suspend their range of services. Such alteration or suspension of the range of services does not entitle the User to assert any claims against just-medical!. just-medical! will, however, make every effort to present the User with another offer of equal value.

8.4 Applicable law and place of jurisdiction

Substantive Swiss law shall apply to these GBC and the other contract components, as well as to all disputes arising from or in connection with this contractual relationship between just-medical! and the User. The exclusive place of jurisdiction shall be those courts having jurisdiction at the place where just-medical! has its registered office. just-medical! is also entitled to prosecute the User at the User’s own domicile.

Status 1 May 2018

9 Special provisions for using doc-market

doc-market designates https://www.doc-market.eu and/or the company operating it (hereinafter doc-market).

9.1 Service fee

The service fees of using doc-market, including subscriptions, commissions and other marketing activities, are published here.

A commission is charged after every successful sale made via doc-market, calculated as a percentage of the net purchase price of the ordered item(s), excluding shipping cost and VAT. The sale of an item is also considered to be made via doc-market if the first contact between the buyer and the seller was facilitated by doc-market, but the purchase was completed outside doc-market. In such case, doc-market reserves the right to demand the payment of the commission from the seller.

Invoices issued by doc-market are payable within 30 days. Thereafter, a reminder fee of € 25,– and interest on arrears of 5 percent shall be charged.

9.2 Cancellation policy

Buyers and sellers are entitled to cancel orders without reason until the order is shipped. If an order has already been shipped (in transit or delivered), the return policy applies.

The cancellation must be declared on the doc-market platform by logging in to the user’s doc-market profile and clicking the «Cancel» button on the order. This automatically and immediately sends an e-mail notification to the other party as well as to doc-market customer support. No other form of cancellation is accepted to avoid any delay in the communication.

The seller must not proceed with the shipping after the buyer has cancelled the order. It is the seller’s responsibility to regularly check notifications from doc-market, especially before shipping an order. Failing to do so, the shipping cost will not be reimbursed by either the buyer or doc-market.

9.3 Return policy

The right of returning items listed on doc-market is determined exclusively by the seller of the item, with the following conditions:

  • Offering the right of return must always abide the laws of the seller’s country. Should the right of return set by the seller contradict the local regulations, the laws of the seller’s country shall prevail.
  • The right of return must be declared by the seller before listing an item on doc-market, and will be automatically displayed on the product’s page.
  • The time period for accepting a product return is exclusively decided by the seller but must be compliant with the minimal regulations of the seller’s country.
  • Irrespective whether a right of return is offered or not, the buyer may demand a return under the following conditions:
    • A defective product was delivered whereas the defective condition was not marked in the advertisement. In order to return a defective product, a detailed description and photos of the damage are required.
    • The wrong product was delivered. In this case, a detailed description from the buyer is required.
    • A product was delivered that does not correspond to or deviate from the product description in the advertisement. In this case, a detailed description from the buyer is required.
  • The return claim must be settled between the buyer and the seller directly via doc-market, and the seller must inform doc-market customer support in writing whether the return was accepted or not.

9.4 Non-fulfilment

If the seller does not enter the shipping information on doc-market within eight working days from the date of order, and also does not communicate the non-fulfilment to doc-market customer support in writing within this time frame, the purchase is automatically cancelled. As a result of the automatic cancellation, the seller is invoiced a processing fee in the amount of 2.9% of the total purchase amount.

Buyers and sellers on doc-market are immediately notified about every event that are relevant to their profiles by automatic email notifications, including, but not limited to, purchases, sales, cancellations, shipping information, new messages, price offers, shipping quote requests etc. Irrespective of the automatic email notifications sent by doc-market, sellers are obliged to regularly check their doc-market profiles for new events, information and messages. doc-market cannot be held responsible for material or immaterial losses or damages resulting from the seller neglecting its obligation to regularly check its doc-market account.

doc-market reserves the right to terminate the cooperation with the seller with immediate effect in case of non-fulfilment or without reason at any time.

9.5 Disbursement and reimbursement

The disbursement of the total purchase amount to sellers, minus doc-market’s commission, is conducted biweekly by bank transfer to the bank account designated by the seller. doc-market rejects any responsibility or compensation claim for delays or extra costs caused by incorrect or incomplete banking details that prevented the disbursement in time.

The disbursement is only payable after successfully closed transactions, i. e. the buyer received the ordered item(s) and did not submit any return request within the time frame set by the seller (see Return policy). Until the time frame for the return has expired, or a return claim is not yet settled between the buyer and the seller, the disbursement will be held back by doc-market. This consequently means that the seller’s disbursement might be delayed until the next disbursement period.

The reimbursements to buyers are conducted biweekly. In accordance with international money laundering laws and regulations, reimbursements will only be sent via the same payment channel and to the same account from where the initial payment originates.

9.6 Non-circumvention clause

doc-market offers an internal messaging system for buyers and sellers to contact each other for the sole purpose of facilitating the purchase transaction via doc-market.

Before the purchase is complete, buyers and sellers are strictly prohibited from using doc-market’s internal messaging system or the title, subtitle, description, product image or product video sections of the product page to share data suitable to engage in direct contact with the other party, or for the purpose of inviting the other party to transact outside doc-market, including, but not limited to:

  • Inviting the other party to an alternative platform or to a private communication channel
  • Sharing data suitable to engage in direct contact:
    • E-mail address
    • Telephone/fax number
    • Messaging app ID
    • Brand name
    • Company name
    • Company address
    • Company detail (tax number, company registration number etc.)
    • Bank details (account number, IBAN etc.)
    • PayPal ID
    • Any kind of link (website, social media etc.)

doc-market reserves the right to scan and analyze messages to prevent the abuse or violation of its policies. Under certain circumstances, this may result in the message partially or completely not being sent. Multiple and intentional violation of the non-circumvention policies of doc-market may lead to account suspension or account deletion.

Status 7 September 2021

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