Improving Life 

  

 Improving Life  CH

  

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.

Insofar as further contracts or agreements exist between the supplier and sellers, they shall take precedence over these GTC. In such cases, these GTC shall only apply supplementarily and in accordance with the applicable provisions from such contracts and agreements.

This website is offered by:

Lindaren med Solutions AG
Oberstrasse 125A
P.O. Box 2233
CH - 9001 St. Gallen
Tel.: 0840 000 200
Provider e-mail address: 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 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. Any such restrictions on the scope of application shall be expressly referred to in each clause concerned. In the absence of such reference, the clause shall apply to all users.
  • Access to this Website and the Service is age-restricted and available only to users of legal age in accordance with applicable law.
  • This Website automatically renews Product subscriptions. For information on a) the renewal period, b) the cancellation and c) the cancellation letter, please refer to the relevant section of these T&Cs.

How this website works

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

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 any other provisions specifically applicable to transactions between Buyers and Sellers will be communicated by the respective Seller.

TERMS OF USE

Unless otherwise stated, access to this website is subject to the terms and conditions set forth in this section.

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

By using the Service, Users confirm to comply with the following conditions:

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

Account creation

To use the service, users can register or create a user account by providing all data or information required for this purpose completely and truthfully.
The service can also be used without registering or creating a user account. However, this may result in 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.

Upon registration, users agree to be responsible for all actions taken in connection with their username and password.
Users are required to immediately and unambiguously notify the provider via the contact information 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 the creation of 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 allowed.
  • Unless otherwise specified, each user may create only 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 in the following cases at its own discretion at any time and without prior notice:

  • The user has violated these GTC; and/or
  • The User's access to this Website or use of the Service by the User may cause damage to the Provider, other Users or third parties; and/or
  • The User's use of the Service may violate any law or regulation; and/or
  • in cases of prosecutorial investigations or other official proceedings and orders; and/or
  • Provider, in its sole discretion, deems the content or use of the account to be inappropriate, offensive or in violation of this Agreement.

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 through this website

Unless otherwise stated or clearly identifiable, all content available through this website is owned and provided by the provider or its licensors.

The provider makes every effort to exclude the possibility that the content provided via this website violates applicable legislation 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 complaints preferably to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected.

Rights to the content available through 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, transform, publish, transfer to or license to third parties, or enable third parties - even without the user's knowledge - to perform said actions via their own device.

To the extent expressly indicated through this website, the user may download, reproduce and/or distribute selected content available through this website for personal and non-commercial purposes only, provided that the copyright notices and any other notices required by the provider are properly affixed.

Statutory limits or exceptions remain unaffected.

Access to external resources

Users may be able to access external resources provided by third parties through 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 terms and conditions under which such resources provided by third parties are available and under which rights to use such content, if any, are granted shall be governed by each third party's contractual terms or, in the alternative, by applicable law.

Permitted use

This website and the service may only be used as intended and in accordance with these GTC as well as in accordance with the respective applicable legal regulations.

Users are responsible for ensuring that their access to this website and/or use of the service does not violate any laws, 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 acts taking place through this Website or the Service to the competent authorities - such as judicial or administrative authorities - if Users prove or are presumed to have committed such acts:

  • violate legal regulations, ordinances or these GTC; or
  • infringe the rights of third parties; or
  • substantially prejudice the legitimate interests of the provider; or
  • offend the provider or a third party.

"Invite friends"

Through this website, users have the opportunity to receive benefits when, based on their recommendation, a new user purchases a product offered through this website.
For the relevant terms and conditions, please refer to this website.

The Provider reserves the right to terminate the Offer at any time and at its sole discretion.

Software license

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

Subject to the condition that the User complies with these GTC and notwithstanding any deviating provisions of these GTC, the Provider grants the User only a freely revocable, non-exclusive, non-sublicensable and non-transferable right to use the Software and/or other solutions integrated into 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 grants of rights and licenses shall automatically lapse upon termination of the agreement - for whatever reason.

API Terms of Use

Users may access their data relating to this Website through the API interface (API). Any use of the API, including use of the API through a third party product/service, is subject to these TOS and the following additional terms:

  • The User acknowledges and expressly accepts that the Provider shall not be liable for any damages or losses resulting from the User's use of the API or the use of any third party products/services that access data through the API.

TERMS OF SALE

Chargeable products

Some of the products available through this website as part of the Service are subject to a fee.

Prices, terms and other conditions applicable to the purchase of such products are described below. In all other respects, reference is made to this website and to the respective sections provided for this purpose.

Product description

Prices, descriptions and availability of products are available for viewing in the appropriate areas through this website and are subject to change without notice.

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

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

Purchase process

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

  • The user selects the desired product from the assortment 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 provide their contact information, billing and shipping address, and a shipping and payment method of their choice in each successive step.
  • At any time during the purchase process, users can change or correct the information provided, add a gift certificate, referral code or discount code (coupon), or cancel the purchase process altogether without any consequences.
  • After providing all the required information, users must carefully review 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 agree to pay the agreed purchase price.

Order task

When the user places an order, the following applies:

  • Upon placing the order, the contract is concluded. Placing the order therefore creates the obligation for the user to pay the price, taxes and any other fees and expenses according to the information 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 shall constitute an obligation on the part of the user to cooperate accordingly.
  • After placing the order, users will receive a confirmation of receipt.

All notifications related to 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 charges (including any shipping charges) to be paid by them during the checkout process and before placing the order.

The prices are displayed through this website as follows:

  • either exclusive or inclusive of all applicable fees, taxes and charges, 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 that this website lists in the relevant section.

Offers and discounts are always granted at the sole discretion of the provider.

Repeated or recurring offers or discounts do not create any claims/titles or rights that users may assert in the future.

Depending on the case, discounts or offers are valid only for a limited period of time or while stocks last. If an offer or discount is limited in time, the time information refers to the time zone of the provider, unless otherwise stated. This can be found in the corresponding information of 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 found on the relevant information page or the Coupon itself shall always prevail.

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

  • Each coupon is valid only if used in the manner and within the time 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 specified, single-use coupons may only be used once per purchase and therefore may only be used once for installment purchases;
  • Coupons cannot be used cumulatively;
  • The coupon can be redeemed exclusively within the period specified in the offer. After this period, the coupon expires automatically and excludes any possibility of exercising 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 for non-commercial use only. Any reproduction, imitation and commercial trading of the Coupon is prohibited, as well as any illegal activities related to the purchase and/or use of the Coupon.

Payment methods

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

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

All payments are processed through 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 through 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 become the property of the user only upon receipt of payment of the full purchase price by the provider.

Maintenance of the rights of use

Users do not acquire any rights to use the purchased product until the full purchase price has been received by the Provider.

Delivery

Deliveries will be made to the address provided by the user and in the manner specified in the order summary.

Upon delivery, the user must check the contents of the delivery and report any discrepancies immediately using the contact information provided in this document or as described in the delivery bill. Users may refuse to accept the package in case of visible damage.

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

This website also describes the corresponding delivery times, or alternatively, they can be set 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 handover to the carrier, if the carrier was commissioned by the user.
If the goods have not been received at the specified time or collected within the specified period, the goods will be returned to the provider or the respective seller. In that case, the Provider or the respective Seller will contact the User to arrange a second delivery attempt or to discuss the further course of action.
Unless otherwise agreed, from the second delivery attempt onwards, the User shall also bear the costs for any further delivery attempt.

Provision of digital content

Unless otherwise specified, digital content purchased through this website is delivered via download to users' chosen devices.

Users acknowledge and accept that the device(s) intended to download and/or use the Product and the respective software (including operating systems) must be legal, in common use, 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 period of time. Details on the type of subscription and how to cancel are listed below.

Subscriptions with 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 expires, the product is no longer accessible.

Automatic renewal of fixed-term subscriptions

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

The fee due at the time of 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.

Cancellation

Renewed subscriptions may be terminated at any time by sending a clear and unambiguous notice of termination to the Provider. For this purpose, users shall use the contact details provided in this document, or - if possible - the corresponding controls provided via this website.

If the provider receives the cancellation letter by the end of the current month, the subscription will expire at the end of the month in question.

User rights

Right of withdrawal

Unless there are exceptions, the user may revoke the contract within the period specified below (usually 14 days) without giving any reason. In this section, users can learn more about the terms of withdrawal.

The right of withdrawal does not apply to contracts concluded with the provider. However, it may apply to contracts concluded with sellers.
Where applicable, the right of withdrawal for contracts concluded with sellers through this website is subject to the conditions 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. Entrepreneurs 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 through this website in accordance with the laws of the country of their habitual residence.

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

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

Liability and compensation

EU users

Compensation

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

Limitation of liability for user activities through this website.

The User acknowledges and accepts that the Provider only provides the User with the technical infrastructure and functions on the Service (this Website).

The provider neither mediates in interactions, agreements or transactions between users, nor does it moderate or promote these or intervene in them. He is therefore also not liable for such interactions between users. This includes the fulfillment of obligations of the users.

In particular, Users acknowledge and accept that the Provider is not involved in any sales made by Users through this Website.

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

In particular, the provider is not liable for:

  • pre-contractual statements, claims and descriptions relating to the products offered through this website;
  • the existence of a valid license, authorization, qualification or other regulatory approval that Seller may need under applicable law to offer certain goods or services;
  • the eligibility of buyers required by applicable law (e.g. in terms of age, ability to pay, etc.);
  • any obligations assumed by users through this website, including but not limited to product warranties and product safety;
  • any claims based on partial, defective or failed performance of binding agreements entered into through this website.

Limitation of liability

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

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

Unless damage is caused intentionally or by gross negligence or affects life, health or physical integrity, the provider is liable only to the extent of typical and foreseeable damage at the time of conclusion of the contract.

Common provisions

No waiver

Failure by the Provider to assert any right under these TOS or to enforce any provision hereof 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. He will inform the users appropriately.

Within the limits of the law, the Provider may also decide to suspend or terminate the Service entirely. In case 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 Service in any way without the express prior written permission of Provider, granted either directly or through a lawful reseller program.

Privacy policy

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

Intellectual property rights

Notwithstanding any more specific provisions of these TOS, all intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to 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, names or figurative marks - and any other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this Website) are and will remain 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.

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 affect the relationship with the user only for the future.

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

For the relationship prior to the acceptance of the amendments 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, taking into account the legitimate interests of the User, to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC.
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 Provider's written consent.

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

If any provision of these TOS is or becomes invalid or unenforceable under applicable law, such invalidity or unenforceability 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 construed and amended to the extent necessary to make them valid, enforceable and consistent with their original intent. These TOS constitute the entire agreement between Users and the Provider relating to the subject matter hereof and shall prevail over any other communications between the parties relating to the same subject matter, including any prior agreements.
These TOS shall be enforced to the fullest extent permitted by law.

EU users

If any provision of these GTC is or is deemed to be invalid, or invalid or deemed to be invalid, the parties shall do their best to reach an agreement on valid and enforceable provisions in an amicable manner, thus replacing the invalid, void or unenforceable parts.
Otherwise, the invalid, void or unenforceable provisions shall be replaced by the applicable statutory provisions, if permitted or provided for under the applicable law.

Notwithstanding the foregoing, the nullity, invalidity or unenforceability of individual provisions of these GTC shall not result in the nullity of the entire agreement, unless such provisions are essential to the contract or of such importance that the parties would not have entered into the contract had they known of the invalidity of the provision. If the remaining terms would result in undue hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.

Applicable law

These TOS shall be governed by the laws of the place where the Provider has its registered office, with the exception of conflict of laws provisions. Users can find the indication of the registered office in the corresponding section of this document.

Exception for European consumers

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

Jurisdiction

The courts of the place where the Provider has its registered office - as indicated in this document - shall have exclusive jurisdiction over any 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 nor to users who act as consumers and have their (residential) domicile in Switzerland, Norway or Iceland.

Dispute Resolution

Amicable settlement of disputes

Users may address any disputes to the Provider, who will try to settle them amicably.

The user's right to take legal action shall always remain unaffected. However, in case of any dispute 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 submit the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the Provider's e-mail address specified in this document.

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

Online dispute resolution for consumers

The European Commission has established an online Alternative Dispute Resolution platform that provides an out-of-court procedure for resolving disputes related to online contracts with consumers.

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

The platform can be accessed at 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 through this website, whether or not the transaction takes place through this website.

Coupon

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

European (or Europe)

Refers to any user 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 provides this Website and/or Service to Users.

Product

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

Seller

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

Service

The Service provided through this Website as described in these TOS and on the Service (this Website).

AGB

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.

Consumer

Any user who uses goods or services for purposes that are outside his or her trade, business, craft or profession.