Specialized 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 Data Protection Directive 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.

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 Buy It Now purchases on doc-market

9.1 Information about the Buy It Now option

On doc-market, vendors have the option of offering their products with a Buy It Now function. In order to activate the Buy It Now function on doc-market, the vendor must complete an online registration form.

9.2 Service fees incurred in the event of a successful sale

doc-market charges the service fee published on the website for the sale price (incl. shipment costs and VAT) if the product is sold successfully. doc-market reserves the right to demand payment of the service fee for the sale price if the sale of a product published on doc-market is intentionally negotiated and completed between the vendor and the buyer after initial contact via doc-market.

9.2.1 Transactions outside doc-market

If the initial contact takes place via doc-market, however the transaction ultimately takes place via private channels or alternative platforms, doc-market reserves the right to invoice the vendor for the service fee for a successful sale.

9.2.2 Restrictions for Buy It Now offers

The vendor is prohibited from referring interested parties to an alternative platform or a private purchase process outside doc-market.

The vendor is prohibited from including a link in the title, subtitle or description of the product that is intended to link interested parties to an alternative website.

The vendor is prohibited from including an email address or other contact details, e. g. telephone number, in the title, subtitle or description of the product and from sharing such details with interested parties in subsequent email correspondence.

9.3 doc-market invoices the service fees

incurred to the vendor directly on payment of the sale price (incl. shipment costs & VAT).

9.4 Receipts for the products sold

are accessible via doc-market for both the buyer and the vendor. The vendor’s sales receipt includes the sale price (incl. shipment costs & VAT) and is issued as a total excluding the doc-market service fee.

9.5 Right of return for commercial sales

Buyers are granted a statutory right of return of 14 days for commercial sales.

9.6 Right of return for private sales

For private sales, the vendor decides whether the buyer is granted a 14-day right of return or not. The vendor must provide this information when creating the advertisement. The buyer may demand a 14-day right of return under the following conditions:

  • A defective product was delivered and this product was not marked as defective in the advertisement. In order to return a defective product, a detailed description of the damage is required, as is detailed documentation of the damage by means of corresponding photos. For this purpose, the vendor has an upload function for photos in the return process.
  • The wrong product was delivered. In this case, a detailed description from the buyer is required.
  • A product was delivered that does not correspond with the product description in the advertisement or deviates from this description. In this case, a detailed description from the buyer is required.

9.7 Processing fees incurred for returns

For product returns, a processing fee of 2.9% of the product price paid (incl. shipment costs & VAT) is payable. This processing fee is invoiced to either the buyer or the vendor depending on the reason for the return.

The assignment of the processing fee to be paid is determined on the following basis.

This processing fee is invoiced to the vendor if

  • a defective product was delivered and was not marked as such in the advertisement;
  • the wrong product was delivered;
  • a product was delivered that does not correspond with the product description in the advertisement or deviates from this.

This processing fee is invoiced to the buyer if

  • the buyer wishes to return the product but none of the abovementioned reasons are applicable.

9.8 Processing fee incurred for automatic cancellation

Should no shipment information be entered by the vendor on doc-market within 8 working days of confirmation of the purchase (email from doc-market), the purchase is automatically cancelled.

As a result of the automatic cancellation, the vendor is invoiced a processing fee in the amount of 2.9% of the sale price paid.

doc-market retains the right to terminate the cooperation with the vendor because of cancellations, as well as without reason, at any time.

9.9 Right of return

9.9.1 Purchase with right of return

Should receipt of the product not be confirmed by the buyer within a maximum of 5 working days, starting from the date of delivery of the product stated by the vendor, the purchase process is continued with the start of the 14-day return period. After expiry of the 14-day return period, the total price is paid to the vendor.

9.9.2 Purchase without right of return

For private purchases without the right of return, the total price is paid to the vendor on confirmation of receipt or 5 days after the delivery date entered by the vendor at the latest.

Status 29 April 2019

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