General Terms and Conditions of Alix Lasers International LLC (GTC) as of 15.01.2021
I. General scope
- The General Terms and Conditions (hereinafter referred to as „GTC“) of Alix Lasers International LLC (hereinafter referred to as „Seller“) shall apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as „Customer“) with the Seller with regard to all goods, offers and services of the Seller in its business premises at 2151 E Commercial Blvd # 304, Fort Lauderdale, FL 33308 or in its online presence.
- Subsidiary agreements, amendments to the contract, as well as verbal promises made by our sales and service personnel, as well as field and office staff, require express written confirmation in order to be valid, insofar as this results in any obligation on our part.
- The data of our customers relevant for the processing of the contractual relationship are stored and processed by the seller by computer.
- The customer’s general terms and conditions shall apply only to the extent that the seller has expressly agreed to them in writing.
- Should individual provisions of these „General Terms and Conditions“ be invalid due to mandatory statutory provisions, the „General Terms and Conditions“ shall remain legally binding with the exception of the invalid provisions in all other respects.
II) Information, consultation, offer and conclusion of contract
- Information and advice with regard to our products are based on our experience and the manufacturer’s specifications. The values stated here, as well as performance data, are average values determined in the course of tests under standard laboratory conditions. We cannot assume any obligation for exact compliance with the values and application possibilities.
- Offers of the seller are non-binding, unless the binding nature is expressly referred to in the offer.
- The product descriptions of the seller presented online do not constitute a binding offer by the seller. They serve for the submission of an offer by the customer.
- The submission of the offer by the customer is made by a telephone order to the seller , By WhatsApp order , by Adobe Sign documents ( electronic signature ) or by the online order of the customer in the store.
- The required acceptance by the seller is made by sending an order confirmation to the customer, as well as by asking the customer for payment
the agreed terms of the contract. A delay in payment by the customer, extends the agreed delivery time. After receipt of payment, a new delivery date will be agreed.
- Information provided by the Seller on the object of the delivery or service, with regard to weight, dimensions, utility values, load-bearing capacity, tolerances and technical data, as well as representations of the same (e.g. drawings and illustrations) are only approximately authoritative, unless usability for the contractually intended purpose requires exact conformity. They are not guaranteed characteristics, but descriptions or identifications of the delivery or service. Deviations that are customary in the trade and deviations that occur due to legal regulations or represent technical improvements as well as the replacement of components by equivalent parts are permissible insofar as they do not impair the usability for the contractually intended purpose.
- The production of the goods is carried out according to customer specifications. This includes the painting of the housing and the handpiece in the customer’s desired colors, as well as software changes in terms of languages, logos and other wishes. A subsequent change is only possible with costs.
- Upon conclusion of the contract, the text of the contract together with the terms and conditions of the seller shall be transmitted to the customer in writing. The contract text is not stored and archived separately by the seller.
- For the conclusion of the contract, only the German language is used.
III) Guarantee agreement
- Upon conclusion of the contract, the Buyer is obliged to provide a performance bond in the form of a directly enforceable guarantee in the amount of the total remuneration owed as security for the payment obligation resulting from the purchase contract.
- If the credit inquiry made after conclusion of the contract shows that the guarantor provided has a negative entry, the purchaser is obliged to provide another contract performance guarantee no later than 4 weeks after conclusion of the contract. This guarantor must not have a negative entry in the Schufa. In the event of failure to provide a further contract performance guarantee, the seller reserves the right to cancel the purchase contract.
IV) Right of withdrawal
- The right of withdrawal does not apply to contracts concluded with a consumer in our showroom or via WhatsApp sales channel or in our premises.
- The right of withdrawal does not apply to goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature.
V) Consequences of revocation
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return or surrender the received performance and benefits (e.g. benefits of use), or are only able to return or surrender them in part or in a deteriorated condition, you must
you must compensate us for the value of the goods. You only have to pay compensation for the deterioration of the goods and for the use made of them if the use or deterioration is due to handling of the goods that goes beyond the testing of the properties and the functionality. By „testing the properties and functionality“ we mean testing and trying out the respective goods, such as is possible and customary in a retail store. Goods that can be sent by parcel are to be returned at our risk. You have to bear the regular costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 30 euros or if, in case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. Items that cannot be sent by parcel post will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation or the goods, for us with their receipt.
The right of withdrawal does not apply to distance contracts for the delivery of: Goods that are manufactured according to customer specifications or are clearly tailored to personal needs or are not suitable for return due to their nature.
Contractual reservation of withdrawal
If the customers are registered with the recovery office due to the outstanding debts, the company reserves the right to terminate the concluded contract if the seller suspects that the installment payment will not be carried out or the customer does not provide the second guarantor required for securing the debt. This also applies if the customer has received the order confirmation issued and handed over by the seller.
VI) Premature termination of the lease
If the Seller and the Customer have concluded a rental agreement with regard to the Seller’s goods, the Customer undertakes to reimburse the Seller for reasonable compensation for use in the event of premature termination of the rental relationship. The consumed pulses (IPL and SHR) / shots (diode laser and nd Yag laser) will be charged independently.
VII) Prices and terms of payment
- Only the product prices stated in the order/order confirmation shall be authoritative. Unless expressly agreed otherwise, the prices stated are final prices which include the statutory value added tax.
- Additional delivery and shipping costs may arise for the delivery of the goods of the seller outside Switzerland. This includes, among others, import duties or taxes, which are to be borne by the customer. More detailed information on this can be obtained on request from the seller.
- The seller offers the following payment options:
- Transfer or takeover by the financial service provider
- If the Seller and the Customer have agreed on the payment of a deposit, the production of the ordered goods shall commence after the agreed deposit has been paid. If the Seller and the Customer have agreed on payment in advance, payment of the total price; the production of the ordered goods shall be started after receipt of the total price on the Seller’s business account.
- We reserve the right to make reasonable price changes due to changes in wage, material and distribution costs for deliveries that take place four months or more after conclusion of the contract.
- If a rental agreement for a product of the Seller has been concluded between the Seller and the Customer, production of the ordered goods shall commence after the agreed deposit has been paid.
- Unless otherwise agreed in writing, the payment of the purchase price, the deposit or the security deposit, is due within 14 days after the conclusion of the contract. After expiry of the deadline for payment, the buyer is in default. In the event of default in payment from 30 days after conclusion of the contract, interest on arrears shall be charged at a rate of 8 percentage points above the respective base interest rate. The assertion of a higher damage caused by delay remains reserved. In this case, however, the Buyer shall have the right to prove that the Seller has not incurred any higher default damages as a result of the default in payment.
- The agreed installment payments are to be made on time and without special request. If the customer is in default with at least two consecutive installments in whole or in part and the amount in arrears is not paid within the time limit set by the seller, the customer shall be entitled to demand payment of the installments.
period of two weeks, the seller may demand immediate repayment of the remaining amount from the purchase contract from the buyer. This also applies if the buyer transfers the device to a third party before full payment without the written consent of the seller.
- For the purpose of securing the claims arising from the installment purchase agreement, the Buyer offers to assign to the Seller the attachable part of the Buyer’s wage/salary claims and / or claims to social welfare. This includes the attachable part of the present and future wage/salary, severance pay, pension, retirement pay, commission, royalty, profit-sharing and military pay claims against the employer/employer and/or the respective benefit obligor as well as the respective attachable portion of all current and future claims to attachable social benefits (in particular unemployment benefit, transfer short-time allowance, short-time work allowance and insolvency loss allowance, sickness benefit, transitional allowance, insolvency allowance, pensions due to incapacity for work, reduction of earning capacity, occupational disability and old age as well as pensions to surviving dependants including any severance payments and contribution refunds) The assignment is limited to the total amount of the concluded installment purchase agreement plus a lump sum of 10% of the amount to cover any default interest and legal costs. The Seller shall disclose the assignment and include the assigned claims with the third-party debtor only after the Buyer has defaulted on at least two installments and has been threatened in writing with disclosure of the assignment one month in advance, whereby the threat of disclosure may be combined with a written demand for payment. Setting a deadline is not
required if the purchaser has ceased payments or if the opening of judicial insolvency proceedings against the purchaser’s assets has been applied for. The assignment of claims shall cease to apply if the claims secured by it have been satisfied in full.
- The retention of payments due to or the offsetting of counterclaims by the purchaser are only permitted if these counterclaims are undisputed or have been legally established.
- If, after conclusion of the contract, it becomes apparent that the Seller’s claim to the purchase price is jeopardized by the Buyer’s lack of ability to pay (such as, for example, in the event of an application to open insolvency proceedings), the Seller shall be entitled, in accordance with the statutory provisions, to refuse performance and – if necessary, after setting a deadline – to withdraw from the contract.
- In the case of installment purchase or when concluding a rental agreement, the buyer or tenant must immediately notify the seller or landlord of the change of address when moving.
This shall also apply in the event of a change of all contact data, such as e-mail, telephone number, etc. If a hire-purchase agreement has been concluded and one or more directly enforceable guarantors have been named, this obligation shall also apply to each guarantor. Alix Lasers International LLC shall be informed of the new contact details without delay. This obligation shall remain in force until payment in full in the case of installment purchase or until surrender of the leased property to Alix Lasers International LLC.
- Ownership of the device shall not pass to the purchaser until payment has been made in full.
VIII) Delivery conditions
- The delivery of the goods will be made to the delivery address specified by the customer.
- Earliest delivery date is 15 working days from the date of receipt of the purchase price or deposit or deposit on the business account of the seller.
- At the request of the customer, training on the use of the delivered goods can be provided at the place of delivery. In this case, the earliest delivery date is 25 working days from the date of receipt of the purchase price or deposit or deposit on the business account of the seller.
- The Seller reserves the right to delay the delivery by another 14 working days in case the delivery is not possible at an earlier date due to reasons beyond the Seller’s control. In this case, the customer will be informed immediately about the delay in delivery.
- Deadlines and dates for deliveries and services promised by the Seller shall always be approximate only, unless a fixed deadline or date has been expressly promised or agreed in writing. If shipment has been agreed, delivery periods and delivery dates refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.
- The delivery of the ordered goods requires that the customer has completed and signed all documents to be submitted by him to the seller in the original. This includes, among others, the signed purchase/lease agreement, signed directly enforceable guarantee by the guarantor, copies of identification documents of the customer and the guarantor. In case of incompleteness of the documents to be submitted by the customer, the delivery period shall be reasonably extended.
- In the event that a delivery cannot be made, due to force majeure or other circumstances, the removal of which is impossible, the obligation of the seller to perform shall lapse. In this case, the customer is entitled to the statutory claims as a result of the impossibility. The ordered goods are delivered in a transport box to ensure safe transport. This must be kept by the customer in case of a possible guarantee or warranty claim. The transport box remains the property of Alix Lasers International LLC and must be returned to the company upon request.
IX) Transfer of risk
- The risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer or to a person authorized to receive the goods upon handover.
- If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration in the case of a mail order purchase shall pass upon delivery of the goods to a suitable transport person at the seller’s place of business.
X) Retention of title
- The seller retains ownership of all delivery items until full payment of all current and future claims arising from the purchase contract and an ongoing business relationship.
- In the event of conduct by the customer in breach of contract, in particular in the event of non-payment of the purchase price due, insolvency or if an application is made for the opening of insolvency proceedings, the seller shall be entitled to withdraw from the contract in accordance with the statutory provisions and to demand surrender of the goods on the basis of the reservation of title. In this case, the customer is obliged to surrender the item.
- The customer is obligated to notify the seller immediately in the event of seizures with regard to the object of purchase or other related accesses or access attempts by third parties with regard to the object of purchase, so that the seller can exercise its rights arising from the reservation of title.
XI) Liability for defects
- If there is a defect in the purchased item, the statutory provisions shall apply.
- The customer shall carefully inspect the delivered items immediately after delivery to the purchaser or to the third party designated by the purchaser and shall immediately notify the seller in writing of any material defects. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
- The purchaser’s claims for defects shall become statute-barred one year after delivery. If acceptance has been agreed, the limitation period shall commence upon acceptance.
- If, despite all due care, the delivered products show a defect which was already present at the time of the transfer of risk, the Seller shall, at its discretion, either repair the products or deliver replacement products, subject to timely notification of defects. The Seller shall always be given the opportunity to remedy the defect within a reasonable period of time.
- If the supplementary performance fails, i.e. in case of impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the purchaser may – without prejudice to any claims for damages – withdraw from the contract or reduce the remuneration.
- Claims for material defects shall not exist in the case of only insignificant deviation from the agreed quality, in the case of only insignificant impairment of usability, in the case of intended use or intended wear and tear of consumables and wear parts, in the case of natural wear and tear or damage occurring after the transfer of risk as a result of incorrect or negligent handling, excessive stress, unsuitable operating resources or as a result of particular external influences not assumed under the contract, and in the case of non-reproducible software errors. If the customer or third parties carry out improper modifications or repair work, there shall also be no claims for material defects for these and the resulting consequences.
- The customer shall have no claim with respect to expenses incurred in the course of supplementary performance, including costs of travel, transport, labor, and material, to the extent that expenses are increased because the subject-matter of the Supplies has subsequently been brought to another location than the customer’s branch office, unless doing so complies with the intended use of the Supplies.
- This does not apply to items that have not been used for a building in accordance with their normal use and have caused its defectiveness:
- an insignificant defect shall in principle not constitute grounds for claims based on defects,
- the seller has the choice of the type of subsequent performance,
- the limitation period for defects in new goods is one year from the transfer of risk.
- the rights and claims due to defects are generally excluded for used goods.
- the limitation period shall not begin again if a replacement delivery is made within the scope of liability for defects.
- For consumers, the limitation period for claims for defects shall be
- for new goods, two years from delivery of the goods to the customer.
- for used goods, one year from delivery of the goods to the customer.
- For entrepreneurs and consumers, the above limitations of liability and limitation periods shall not apply to claims for damages and reimbursement of expenses.
which the customer may claim under the statutory provisions due to defects in accordance with the liability rules.
- Furthermore, for entrepreneurs, the statutory limitation periods for recourse shall remain unaffected. The same applies to entrepreneurs and consumers in the event of intentional breach of duty and fraudulent concealment of a defect.
- If the customer is acting as a consumer, the customer is asked to immediately complain about delivered goods with obvious transport damage to the delivery person and to inform the seller of this. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
- If subsequent performance is to be effected by way of a replacement delivery, Customer shall be obliged to return the goods first delivered to Alix Lasers International LLC before delivery of the new device. The return of the defective goods shall be made in accordance with the statutory provisions.
- The claims for defects caused by natural wear and tear, incorrect or negligent use and treatment, improper storage or unsuitable or improper use or non-observance of the application notes and the operating instructions by the customer are excluded. Alix Lasers International LLC does not assume any liability for the success of the treatment. Such a success depends on many factors, which the customer to be treated genetically brings along. Among other things, the success of the treatment in the field of permanent hair removal is conditioned by the nature of the hair and the pigmentation of the skin. Hormonal diseases can also lead to unsuccessful treatment. Furthermore, the success of the treatment depends on the application itself and the hair growth cycles corresponding application intervals. The burden of proof for a technically caused failure lies with the customer.
It is pointed out that the handpieces of all IPL and SHR devices, diode lasers, as well as nd-Yag lasers contain sensitive components and therefore it cannot be ruled out that these may require repair, possibly replacement, several times a year if not properly cleaned or used. Despite the fact that Alix Lasers International LLC cannot determine in these cases whether the defect has been caused by the purchaser through improper use of the handpiece or incorrect cleaning of the handpiece, all necessary repair measures will be carried out through the warranty obligation ofAlix Lasers International LLC. A defect in the handpiece shall not entitle the purchaser to rescind the purchase contract if it is not clearly attributable to a defect at the time the device was handed over to the purchaser.
- The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows: The Seller shall be liable for any legal reason without limitation
- in the event of intent or gross negligence,
- in the event of negligent or intentional injury to life, limb or health,
- on the basis of a warranty promise, unless otherwise regulated in this respect,
- on the basis of mandatory liability, such as under the Product Liability Act.
- If the Seller negligently breaches an essential contractual obligation, liability shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
- Otherwise, any liability of the seller is excluded.
- The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.
- If the Seller should grant a warranty, this shall not limit the Buyer’s statutory warranty rights. If the Seller should grant a warranty, the warranty conditions, i.e. the content and all essential information required for the assertion of the warranty, in particular the duration and the territorial scope of the warranty protection as well as the name and address of the Seller, shall be stated in the offer.
- The warranty begins with the delivery of the device and extends to the free repair and free replacement of the parts recognized by the seller as defective, as well as the labor necessary for the repair of the device.
- The warranty covers electrical/electronic components within the device, as well as the display (malfunctions) and the electronic cooling unit in the handpiece. The warranty service is provided in such a way that defective parts are repaired or replaced by faultless parts free of charge, at our discretion. Devices which can be reasonably transported (e.g. in a car) and for which warranty service is claimed with reference to this warranty are to be handed over or sent to our premises in Zurich.
- On the other hand, there is no warranty for glass breakage (incl. crystal glass and filter in the handpiece as well as display crack; glass parts, glass tube), as this is not a manufacturing defect, but represents damage that is due to improper handling. Natural wear and tear and wear parts such as xenon flash lamp,laser bar, pads, foils, moving parts, tubes, closures, mechanical connections etc. are excluded from the warranty. With regard to handpieces, there is no defect covered by the warranty. Furthermore, the warranty does not cover wear parts, accessories and disposable parts not intended for repair from the outset.
- If it is necessary for work to be carried out under the contractual warranty, the device can be collected by the seller free of charge during the first year of the warranty period and returned to the customer after repair. There is no legal entitlement to this.
- The warranty period is not extended by work performed under the contractual warranty. In particular, the replacement of a part
under the warranty does not extend the term of the same. The contractual warranty on the replaced parts ends when the warranty of the device expires.
- Only the type no. and serial no. of the device are required for the assertion of a warranty claim. All data on the customer’s device and the current warranty status are stored with the seller.
Warrantor: -Vendor from the written contract- OT-Vision GmbH – Note: The customer loses the claim from the contractual warranty if:
- Changes or modifications have been made to the device that were not carried out by the seller, in particular this applies to lamp replacement (IPL/ SHR devices).
- The security seals attached to the devices have been broken. – The distilled water has not been completely replaced every 4 weeks.
- The nameplates attached to the devices have been removed, altered or made unrecognizable.
- Improper handling or improper use of the goods can be detected.
- Use of any parts or components not approved in writing by Seller, including the use of new, used or refurbished handpieces not manufactured, sold or refurbished by Alix Lasers International LLC one of its affiliates.
- The defect is due to intentional or grossly negligent damage caused by the user or the customer cannot prove compliance with the regulations in the operating instructions.
- Excessive wear, tear or use of the device has occurred under improper conditions, e.g. in dirty, dusty environment or under extreme electromagnetic radiation, temperature or humidity.
- Damage to the device occurred during transportation or damage as a result of an event beyond the control of the seller,
e.g. fire, flood, lightning or vandalism.
- damage or malfunction of the device due to insufficient or incorrect storage or storage and/or use of the device with an unauthorized or third party device, part or component.
- The payments due under the contract or on other legal grounds, including payment of the purchase price, are not made.
- The pulse counter has been tampered with or changed, or the actual pulse level cannot be determined with certainty.
- The pulse light lamps have been replaced by another supplier.
- In the case of dermabrasion devices, the liquid solutions intended for this purpose have not been used and/or inappropriate serums/ampoules/creams have been used, resulting in damage to the handpieces.
Alix Lasers International LLC makes no warranty (express, implied, statutory or otherwise) as to the quality, performance, accuracy, reliability, fitness for a particular purpose or other characteristics of the product or the accompanying or related software. Alix Lasers International LLC agrees under this warranty only to repair or replace products that are subject to these warranty terms. Alix Lasers International LLC shall not be liable for any loss or damage, tangible or intangible, such as purchase price, loss of profits, loss of revenue, loss of data, loss of enjoyment of life, or unavailability of the product or related components, which may arise directly, indirectly, or as a result of products or services covered by this warranty or otherwise. This applies to loss or damage caused by:
impairment or failure of the function of the product or related equipment due to defects or unavailability of the product while it is at Alix Lasers International LLC or a specialist company, downtime and business impairments; inaccuracies in the performance result of the product or related products; damage to or loss of software programs or removable data carriers; or virus infestation and other causes. This limitation of liability applies to loss and damage regardless of the legal cause, including, but not limited to, negligence, tort, breach of contract, express or implied warranties, and strict liability (even if Alix Lasers International LLC or a professional service provider has been advised of the possibility of such damages). If these disclaimers are contrary to applicable law, in whole or in part, Alix Lasers International LLC limits its warranty or liability to the extent permitted by applicable law. Liability under this warranty is limited in amount to the purchase price of the product. If applicable law only provides for higher limits of liability, this higher limitation of liability shall apply.
Alix Lasers International LLC shall provide the Customer with a loaner device in the event of failure of the device under warranty or guarantee, provided that such a device is available in Alix Lasers International LLC inventory at the time of the warranty or guarantee claim. There shall be no entitlement to a loan device. The Customer undertakes to reimburse the Seller for the time of use of the device with an appropriate compensation for the used pulses (for IPL and SHR devices) / shots (for laser devices).
XVI) Software lock
The devices of Alix Lasers International LLC are equipped with a software lock which, for safety reasons, locks the device if the permissible duration of use of the pulsed light lamps is exceeded. The lock is released by Alix Lasers International LLC. For safety reasons, it is not possible to provide the customer with the code for cancelling the lock. The locking function on the device is connected to the software of the device and therefore cannot be cancelled.
XVII) Jurisdiction and applicable law
- If the customer is a merchant, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Uster. However, the seller is also entitled to sue at the customer’s place of business.
- The legal relations in connection with this contract shall be governed by Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (C.I.S.G.). In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
XVIII) Severability clause
Should individual provisions of the contract with the customer, including these GTC, be or become invalid in whole or in part, or should the agreements contain a loophole, this shall not affect the validity of the remaining provisions
Fort Lauderdale, January 15 .2021