General terms and conditions

1. Applicability

1.1. These General Terms and Conditions (hereinafter “GTC”) apply to all legal transactions between Alonea AG, Mettlenstrasse 6, 8472 Seuzach (hereinafter “Alonea”) and its customers (hereinafter “Buyer”). They apply in particular to all orders placed via the webshop operated by Alonea.

1.2. Deviating or additional regulations or conditions, in particular also general terms and conditions of the Buyer, shall only apply if they have been expressly agreed in writing.

1.3. Any claims of the Buyer are conclusively regulated in these GTC.

1.4. Alonea reserves the right to change the GTC. The version of the GTC valid at the time of the order shall apply in each case.

2. Offer and conclusion of Contract

2.1. Offers, including all information contained therein and accompanying documents, are non-binding and do not constitute a legally binding proposal unless Alonea expressly and in writing provides binding offers.

2.2. The presentation of goods, offers and prices the webshop operated by Alonea do not constitute a binding proposal for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order goods in the online shop. By clicking the button “order now”/”buy”, the Buyer makes a binding offer to purchase. Thus, before submitting the order may be checked again and be corrected if necessary.

2.3. A purchase contract is only concluded when Alonea expressly declares acceptance of the purchase offer (by sending or agreeing on the delivery date via e-mail) or by dispatch of the ordered products – without prior express declaration of acceptance.

2.4. If an order is not placed on the basis of a binding offer or if an order deviates from the offer, the order/order confirmation shall be decisive for the execution and scope of the delivery.

2.5. If the delivery of individual and/or spare parts is possible within the usual period of time, no order confirmation will be issued without the express request of the Buyer.

3. Technical Documentation and Plans

3.1. Specifications in technical documents are only binding if they have been expressly assured.

3.2. Alonea reserves all rights to plans and technical documents handed over to the other contracting party. The receiving party acknowledges these rights and will not make the documents available, in whole or in part, to third parties or use them for purposes other than those for which they were handed over to it without the prior written authorisation of the other party.

4. Retention of Title

4.1. Alonea remains the owner of the entire delivery until it has received the purchase price (including all surcharges) in full in accordance with the contract. Upon conclusion of the contract, the Buyer authorises Alonea to enter the reservation of title in the official register and to fulfil all formalities in this respect. The Buyer undertakes to handle the products with care and to keep the original packaging as long as they are the property of Alonea.

5. Price and Payment Conditions

5.1. All prices are net, excl. value added tax (in Switzerland), ex works, excl. packaging and shipping. All additional costs, such as costs for export, import, permits, taxes and notarisations are at the expense of the Buyer. Technical changes, mistakes, typing and printing errors are reserved.

5.2. Coupons or vouchers and discounts are to be entered during the order process; a subsequent booking is not possible.

5.3. Payment will be made by: Invoice, credit card, Paypal, Paydirekt or Twint. Invoice payments are to be paid within 14 days without any deduction Bank charges shall be borne by the Buyer. Payment dates are considered as expiry dates. If the Buyer fails to meet the agreed payment date, he shall pay interest from the agreed due date at a rate 4% above the current discount rate of the Swiss National Bank. The right to reimbursement of expenses and further damages is reserved. The selection of the available payment methods is incumbent upon Alonea. In particular, Alonea reserves the right to offer the Buyer only selected payment methods, e.g., to require advance payment to hedge the credit risk.

5.4. If the Buyer pays by credit card, the purchase price will be reserved on the credit card at the time of the order (authorisation). The actual debit of the credit card account takes place at the time the goods are shipped to or at the moment of the order.

6. Delivery deadline

6.1. Any indication of delivery terms and dates by Alonea shall be considered as non-binding. In the event that a delivery deadline cannot be met, the Buyer may withdraw from the order placed after expiry of a grace period of at least 30 days notified by the Buyer in writing. The Buyer cannot assert any further claims.

6.2. Unless otherwise agreed, the delivery deadline shall commence as soon as the written order confirmation has been issued, all official formalities such as import and payment permits have been obtained and the main technical points have been settled. It shall be deemed to have been complied with if, at the time of its expiry, the delivery has been completed at the factory and made available for dispatch.

6.3. In particular, the delivery deadline shall then be reasonably extended and the Buyer shall not be entitled to any compensation or termination of the contract due to delay in delivery:

a) if Alonea does not receive details required for the execution of the order in due time or if the Buyer subsequently changes them and thus causes a delay in delivery or if the Buyer requests subsequent changes or amendments;

b) if obstacles occur which Alonea cannot avert despite exercising due diligence, regardless of whether these arise at Alonea, the Buyer or a third party. Such obstacles are, for example, export and import restrictions, boycott orders of governmental or supranational organizations, governmental measures or omissions, labour disputes and other operational disruptions for which Alonea is not responsible, epidemics, natural events, war, riots, accidents, delayed or defective delivery of the necessary raw materials, semi-finished or finished products. In case of occurrence of such events, Alonea will immediately inform the Buyer about the existence of such obstacles;

c) if the Buyer or third parties engaged by him are in arrears with the work to be performed by them or are in default with the performance of their contractual obligations, or if the Buyer fails to comply with the terms of payment.

6.4. Alonea may cancel confirmed orders at any time due to external circumstances beyond its control without incurring any costs.

6.5. Delivery is usually made via shipping from Switzerland or from the branch office in Germany. The delivery method selected at the time of purchase cannot be changed after the order has been completed.

7. Inspection and Acceptance of the Delivery

7.1. The performance of an acceptance test or other tests and their conditions require a separate written agreement. The costs in this respect shall be borne by the Buyer.

7.2. The Buyer shall inspect the delivery upon receipt and notify Alonea in writing of any defects immediately after discovery, but no later than 5 days after receipt. If the Buyer fails to do so, the delivery shall be deemed to have been approved.

7.3. If products are delivered with obvious damage to the packaging or contents, the Buyer must immediately complain to the service provider (e.g. carrier, post office) and refuse acceptance, without prejudice to their warranty rights. The Buyer is obliged to obtain a damage confirmation message from the service provider (e.g. forwarding agent, post office). All transport damage must also be reported immediately to Alonea. 

8. Transfer of benefit and risk

8.1. Benefit and risk shall pass to the Buyer upon dispatch of the delivery ex works. If the dispatch or the acceptance of the goods by the Buyer is delayed or made impossible for reasons for which Alonea is not responsible, transfer of risk to the buyer shall take place at the originally intended time.

9. Right of Withdrawal

9.1. Customers who are both consumers and residents the EU have a statutory right of withdrawal when they conclude a distance contract, which we provide information about in accordance with the statutory template at the end of this document. There you will find the revocation instructions and a model withdrawal form, the use of which is, however, not obligatory.

9.2. The right of withdrawal does not cover customers domiciled in Switzerland. It does also not include distance contracts for the delivery of goods made to the consumer’s specifications, i.e. goods that have been manufactured according to customer specifications or that are clearly tailored to individual requirements or that are not suitable for return due to their nature or that can spoil rapidly or whose expiry date would be exceeded.

10. Warranty

10.1. Unless otherwise agreed, the warranty period for the delivery shall be 24 months from delivery. It commences with the transfer of benefit and risk. The replacement delivery or the repair shall not lead to an extension of the original warranty period. For replaced or repaired parts of the delivery, the warranty period ends with the original warranty period.

10.2. Alonea undertakes to either repair or replace as soon as possible at the discretion of Alonea, upon written notification by the Buyer within the warranty period, all parts that are defective or unusable as a result of poor materials, faulty design or defective workmanship. Other or further warranty claims do not exist (in particular, there is no right to cancellation or reduction). Objected parts are to be sent to Alonea upon request. There is no entitlement to a replacement device for the duration of the rectification.

10.3. Excluded from warranty are defects that are not demonstrably the result of poor materials, faulty design or poor workmanship, e.g. as a result of natural wear and tear, incorrect use, inadequate maintenance, excessive stress, unsuitable operating materials, chemical or electrolytic influences, defective construction and assembly work not carried out by Alonea or other causes for which Alonea is not responsible. Excluded from warranty are wear parts, batteries and housing parts. In the event of defects for which there is no warranty claim, the Buyer shall bear the costs of troubleshooting.

10.4. The warranty shall expire prematurely if the Buyer or third parties make changes or repairs to the delivery without the written consent of Alonea or if the Purchaser, if a defect occurs, does not immediately take all measures to mitigate the damage and give Alonea the opportunity to remedy the defect.

10.5. For third-party devices/parts, Alonea assumes the warranty only within the scope of the warranty obligations of the subcontractor.

11. Liability

11.1. Alonea shall be liable to the Buyer without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For any other direct damage caused, Alonea shall be liable up to the maximum amount of the payments made by the Buyer under the corresponding contract, up to a maximum of CHF 30,000.00. Liability for indirect damage as well as for consequential damage shall be excluded to the extent permitted by law. This limitation of liability shall also apply in favour of vicarious agents.

11.2. The Purchaser acknowledges and agrees that Alonea assumes no liability for damages, injuries, losses or other claims resulting from improper use, disregard of instructions or failure to comply with safety precautions. The user is responsible for the proper use of the product.

12. Terms of use of the PelvicTool app

Supplementary terms and conditions apply to the use of the PelvicTool app.

12.1. Use of the PelvicTool app

The PelvicTool App is for personal, non-commercial use only. The Purchaser undertakes to use the PelvicTool App in accordance with the applicable laws and regulations and not to carry out any illegal activities or actions.

12.2. Intellectual property

All intellectual property rights, including copyrights, trademark rights, patent rights, and other proprietary rights, relating to the PelvicTool App and its contents, shall remain with Alonea or its licensors. Buyer may not reproduce, distribute, modify, transmit, display or use in any way any content of the PelvicTool App without express permission. The Buyer (user) receives a simple, non-exclusive right to use the app appropriately on his/her own end devices.

The Buyer must ensure that he/she has all the rights required to upload and transmit data and content via the app. The Buyer indemnifies Alonea from all claims of third parties, which they assert due to an infringement of their rights to data or content, which the Buyer has uploaded or sent via the app.

12.3. Conclusion of contract

A contract is concluded with the download and installation of the app on the end device of the Buyer.

12.4. Obligations of the buyer

When using the app, the Buyer must not

a) violate public morality with his or her usage behaviour;

b) violate industrial protection rights, copyrights, personal rights, property rights or other rights of third parties;

c) transmit content with viruses, so-called Trojan horses or other programming that can damage software;

d) distribute advertising or unsolicited emails (so-called “spam”) or inaccurate warnings of viruses, malfunctions and the like, or solicit participation in lotteries, snowball systems, chain letters, pyramid schemes and similar campaigns – pass on access data to third parties.

If the Buyer violates his/her obligations, Alonea may block access to the app at any time. Alonea also reserves the right to claim compensation for damages arising from the breach of the obligations described in section 12.4.

12.5. Bug fixing/updates

Alonea points out that while the app complies with current technical standards, Alonea makes no express warranty that the App will be error-free or available. Known errors will be corrected by providing updates. There is no entitlement to regular updates.

Alonea will continuously develop and update the offered app, which may affect the usability, system requirements and compatibility requirements. The Buyer/User therefore has no claim to the maintenance or bringing about of a certain condition or functional scope of the app.
In particular, claims for compensation for interruptions in use are excluded. In all other respects, the general conditions apply in accordance with these GTC.

Alonea assumes no warranties or guarantees for the functionality and availability of the app in the legal sense.

12.6. Dataprotection

The provisions according to the data protection declaration in the respective current version, available at https://alonea.ch/de/datenschutz/ or https://alonea.ch/en/privacy/, shall apply.

n the event of loss or damage to data storage media, loss of data as a result of defects in the software or hardware or for any other reason, the costs for the replacement of lost data shall be borne by the purchaser.

13. Final provisions

13.1. If at any time any provision of these GTC or any part thereof is or becomes invalid or unenforceable, then neither the validity nor the enforceability of the remaining provisions or the remaining part of the provision shall in any way be affected or impaired thereby. The parties agree to replace the invalid or unenforceable provision or part thereof by a valid or enforceable provision which shall best reflect the parties’ original intention and shall to the extent possible achieve the same economic result.

13.2. The place of jurisdiction is Winterthur, Switzerland. However, Alonea shall also have the right to appeal to the competent court in the country of the Buyer.

13.3. The legal relationship shall be governed by Swiss substantive law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

Annex to the right of revocation in accordance with Clause 9

Information concerning the exercise of the right of withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us (Alonea AG, Mettlenstrasse 6, 8472 Seuzach, Switzerland, +41 52 316 25 39, info@alonea.ch) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us (Alonea AG, Mettlenstrasse 6, 8472 Seuzach, Switzerland), without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.