General terms and conditions - Osmodyn

Information and acceptance of conditions

The right to clear information: for the health and safety of our staff, all orders are firm and final. No returns will be accepted without our agreement. Thank you for your understanding.

By accepting these terms and conditions, you accept them in full and without reservation.

Whether you are an individual or a professional, you agree not to infringe any copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or confidentiality of any third party.

You are on a secure Swiss sales site. Payments are processed via an infrastructure that complies with the PCI DSS security standards of the Shopify platform.

To protect the confidentiality of your data, transactions are secured via the payment infrastructure of the Shopify platform.

All firm orders accepted by our company imply the buyer's acceptance of the general terms and conditions of sale set out below. All customers are deemed to be aware of these terms and conditions of sale.

Consequently, the act of placing an order implies acceptance by the customer of the conditions below in their entirety and without reservation. In the absence of express acceptance by the customer, any condition to the contrary will be unenforceable against Osmodyn.com, Nutridyn SARL.

Nutridyn SARL reserves the right to modify the GCS. The version of the GTC valid at the time of the order applies. It cannot be unilaterally modified for an order in progress.

Subject

These terms and conditions apply to sales made through this website.

The offer is valid as long as it appears in the online store, and while stocks last. Prices and assortments may be changed without prior notice.

The photographs, characteristics and information presented may not be used or copied without our agreement. The reproduction of any item is subject to the prior written consent of the copyright holders.

Copyright and all other rights relating to the content, images, photos or other files appearing on this website are the exclusive property of Nutridyn SARL or the holders of the rights.

Prices and payment of invoices

Prices are quoted in Swiss francs and euros, exclusive of tax (HT) and value-added tax (VAT) where applicable.

For export sales, invoices are issued exclusive of VAT. Nutridyn SÀRL (Osmodyn.com) cannot be held responsible for non-compliance with the laws or regulations in force in the country of delivery, including VAT formalities in the country of delivery, duties and related taxes.

The price indicated in the online store at the time of the order is binding, even in the case of reservations with collection of the goods from our workshop.

We reserve the right to request payment in advance.

Additional services for which a charge is made, such as delivery, assembly, etc., are shown separately in the shopping basket and on the invoice. In the case of export, customs duties and taxes are invoiced separately by the forwarding agent.

Are you a professional?

We can provide you with personalized offers on a wide range of Osmodyn products and services. Our offers are available in the professional area and may be subject to quantity conditions. Ask us for access.

Methods of payment

Payments must be made in Swiss francs or euros.

Payment in cash
Cash payment is only possible in case of reservation and pick-up at our shop/workshop/showroom.

Payment in advance
The online store may require advance payment. Delivery is only made on receipt of payment.

Electronic payment
Payments via e-banking, bank or postal payments, credit cards are accepted as means of payment.

The Payment Card Industry Security Standard (PCI DSS) is an information security standard applicable to individuals and companies who accept bank cards issued by major brands, or who, more generally, process bank card data.

To protect and guarantee the confidentiality of your data, the transaction is carried out on a secure payment site using SSL encryption.

Purchase on invoice
To benefit from a purchase on invoice, the customer must be domiciled in Switzerland.

The customer undertakes to pay the invoice amount on receipt of the order, without deduction of any discount.

If an order is placed and an invoice is open, we will wait for payment of the invoice before sending a new order.

Split payment
Split payments are handled by KLARNA.

Unpaid orders

Unpaid orders will be forwarded to our collection department, which will take care of the necessary formalities to recover the sums due, plus the costs incurred in carrying out this action.

After 2 unanswered reminders, we will forward the file to the debt collection office.

Reminder charges amount to CHF 15 per reminder. If the customer is in arrears, Nutridyn SARL reserves the right to charge a reminder fee. All costs associated with obtaining payment of overdue claims are to be borne by the customer.

In the event of unsuccessful reminders, the invoiced amounts may be assigned to a collection agency. In such cases, interest on arrears of up to 15% per annum, calculated from the due date, may be charged. The collection company will assert unpaid amounts in its own name and for its own account. It is entitled to charge an additional handling fee.

Nutridyn reserves the right to cancel any order from a customer with whom there is a dispute over payment of a previous invoice.

Order

The electronic records made on www.osmodyn.com are considered as proof of the content of the order, the billing and delivery addresses and its date.

No change of address made from a payment module can retrospectively modify the order registration information.

All special orders or orders for distant destinations will be processed by e-mail so that a definitive offer can be sent to you. The customer must provide accurate contact details, including telephone number, to facilitate delivery. The customer undertakes to provide an address to which delivery can be made during working hours from Monday to Saturday morning.

We reserve the right to cancel an order if there is any doubt about the customer's contact details or if we have been unable to contact the customer.

Once the order has been validated by the customer, it cannot be modified or cancelled, subject to the special provisions applicable to subscriptions in the "Subscriptions and recurring purchase options" section.

Right to change your mind

Under Swiss law, all contracts entered into are binding.

In the event of withdrawal and under certain conditions, the return of goods is at the buyer's expense. See "Withdrawal" and "Details of return conditions".

Refusal to pay export taxes is not a condition for withdrawal.

Delivery times and costs

Transfer of risk

The risk of loss or destruction of the goods shipped or delivered shall pass to the purchaser upon conclusion of the contract.

All our packages are provided with a tracking number, which can be used to identify the shipment. Osmosis units are tested before shipment and must be installed immediately upon receipt. Filters are vacuum-packed to prevent bacterial contamination, and cannot be exchanged once opened.

Delivery times

Delivery times are given as an indication only. Any delays do not entitle you to cancel the sale, refuse the goods or claim damages.

Acts of God or force majeure allow us to suspend or cancel all or part of orders or contracts, without entitlement to compensation.

During the summer months, orders are dispatched 1 or 2 times a week.

Depending on the product ordered, a few days' preparation or restocking time may delay shipment of your order.

Home delivery charges are indicated separately in the basket and are added to the price of the products ordered.

Our products comply with Swiss regulations and, where applicable, bear the CE mark.

Export

For export sales, see section "Prices and payment of invoices": invoices excluding VAT. Nutridyn SÀRL (Osmodyn.com) cannot be held responsible for failure to comply with the laws or regulations in force in the country of delivery, including VAT formalities in the country of delivery, and related duties and taxes. Duties and taxes relating to customs declarations are the subject of a separate invoice issued by the transport agent.

Incoterm: DAP for export.

At our expense: collection, Swiss export formalities, transport, delivery to destination country.

At customer's expense: import formalities, VAT and customs duties in destination country, storage costs if > 8 days.

Osmodyn.com cannot be held responsible for the direct or indirect consequences of an order cancellation or a delay in delivery for any reason whatsoever.

In the event of retraction, the return of goods, under certain conditions after acceptance by Nutridyn SARL, is at the buyer's expense.

Incorrect address: if the products cannot be delivered to the designated address, additional costs will be incurred by the customer.

Refusal of delivery: in the event of unjustified refusal of one of our deliveries, we reserve the right to invoice the costs incurred and any inconvenience caused.

Returns or repairs: must be requested in advance. Contact: services-techniques@osmodyn.com

No returns will be accepted without prior confirmation.

Mode of delivery

The delivery method is chosen by the buyer. All our parcels have a tracking number with proof of dispatch.

Nutridyn SARL cannot be held responsible for lost or damaged packages.

Packaging and damage

Products are always shipped at the customer's risk.

France and Europe

To safeguard your rights, we advise you to check the contents of the package and to make any reservations to the carrier by registered letter within 48 hours.

Do not sign the delivery note before checking the contents and condition of the goods. In the event of significant damage, refuse the parcel. If you keep the parcel, indicate it on the delivery note with as many details as possible (e.g.: carton with holes, broken box, broken fitting).

Switzerland

You must declare the damage to Poste.ch or the carrier within eight days of delivery.

Documents to be supplied

In all cases, what you need to bring :

• contents of the shipment ;
• packaging (photo) ;
• all available delivery documents (invoice, delivery note, etc.).

All delivery damage must be reported at the same time to: services-techniques@osmodyn.com

Reservation of title

The goods remain the property of the seller until full payment has been received, and/or any outstanding invoices have been settled. Upon receipt of the goods, you will become their custodian and will not be able to process or resell them without our agreement until the price has been paid in full.

Claims

Any complaints regarding the quantity shipped or the condition of the products upon receipt must be made in writing immediately upon receipt of the package.

Contact: services-techniques@osmodyn.com

It is imperative to mention the delivery number, the order number, the code number of the product(s) concerned, as well as their batch numbers.

Repair, replacement or refund

When the buyer receives the item sold, he must examine it as soon as possible. If defects are found, the buyer must notify the seller without delay. The notice of defects must be precise and describe the defects in the goods.

If the product cannot be repaired or replaced by a similar item, it is possible to demand a refund or price reduction under certain conditions. Bank transfer or original credit card processing fees will not be refunded.

If the seller proposes an immediate exchange for a strictly similar item offered on the website, the buyer is obliged to accept this.

Withdrawal

We undertake to reimburse you for any unopened product returned complete in its original packaging within 7 days of your purchase, subject to return conditions.

For reasons of hygiene and safety, no water filter will be returned if it has been opened. You are responsible for return postage costs.

Details of return conditions

To enable us to process your return or repair request as quickly as possible, please contact customer service in advance.

Contact: +41 22 794 38 54 / +33 9 72 98 86 36 - info@osmodyn.com - fax +41 22 794 38 56

Returns possible

• The item must be free from signs of use.
• The item must be in its original closed packaging
• The item must not be damaged or soiled
• For reasons of hygiene, filters must not be unwrapped.
• The return must be made within a maximum of 7 days from the date of purchase.
• It must be accompanied by the returns form (available on request).

Repossession possible with return postage

• The original packaging has been opened, but not damaged
• The item has not been used and shows no signs of use.
• All accessories included in delivery are in the packaging
• The return is made within a maximum of 7 days after the date of purchase.

No returns

• Without original packaging
• Personalized products
• Missing accessories
• Expiration of useful life
• Unpacked filter or membrane: sensitive goods unsealed by the customer after delivery and which cannot be returned for reasons of hygiene or health protection.

Jurisdiction

Our business activities and the relationship between the customer and Nutridyn SARL are governed exclusively by Swiss law, to the exclusion of United Nations commercial law.

In the event of any dispute, the Commercial Court of Geneva shall have sole jurisdiction.

Subscriptions and recurring purchase options

Principle

Certain products offered in the store may be purchased as part of a recurring purchase option, in the form of a subscription.

By choosing a subscription formula, the customer accepts that an order will be generated and invoiced automatically according to the frequency selected at the time of subscription.

Automatic renewal

Unless otherwise specified at the time of order, the subscription is automatically renewed at each expiry date according to the frequency chosen by the customer.

The amount corresponding to the products ordered under the subscription, as well as any applicable delivery charges, is automatically deducted at each renewal.

Cancellation of subscription

The subscription is automatically renewed at the frequency chosen at the time of subscription.

The customer may cancel the subscription at least 48 hours before the next billing date.

Once this period has elapsed, the current subscription period is definitively due and cannot be cancelled. Cancellation will take effect at the next billing date.

Subscription modification

The customer may, at least 48 hours before the next billing date, request the modification of certain elements of his subscription, in particular :

• delivery frequency ;
• delivery address
• payment information;
• customer account details.

Any modification requested after this deadline will only apply to the following cycle.

Failure to pay

In the event of non-payment, Nutridyn SARL reserves the right to suspend, postpone or cancel the subscription until payment has been received.

The customer is responsible for keeping payment, billing and delivery information up to date throughout the subscription period.

Returns and exclusions

Products shipped as part of a subscription remain subject to the present terms and conditions of sale, the returns policy and the applicable hygiene exclusions.

In particular, no unsealed, opened or used filters, membranes or consumables may be returned if they are excluded for reasons of hygiene or health protection.

Cancellation by Nutridyn SARL

Nutridyn SARL reserves the right to modify, suspend or interrupt a subscription formula, in particular in the event of product unavailability, technical problems, non-payment or cessation of marketing.

Data protection

In accordance with Article 13 of the Swiss Federal Constitution and the Federal Data Protection Act (DPA), we attach great importance to protecting your privacy. Your personal data is treated as strictly confidential and internal. It will not be sold or passed on to third parties.

Osmodyn warranty

1) Osmodyn warranty - osmosis units

The warranty on Osmodyn osmosis units is valid for three (3) years from the conclusion of the contract, delivery/receipt of the package.

This warranty covers manufacturing and operating defects under normal conditions of use, installation and maintenance, in accordance with the manufacturer's recommendations.

2) Standard warranty - other filtration technologies

The standard warranty for other filtration techniques is valid for two (2) years from the conclusion of the contract, delivery/receipt of the package.

It covers manufacturing and operating defects under normal conditions of use, installation and maintenance.

3) Exclusions - consumables and wear

The following are excluded from any warranty:

• consumables (in particular filters, cartridges, filter media, membranes, seals and wear parts), whose wear and lifespan depend on conditions of use, water quality and compliance with maintenance recommendations;
• normal wear and tear, as well as damage resulting from improper use, incorrect installation, inadequate maintenance, product modification, shock, freezing, scaling, power surges or any other external cause.

Only Nutridyn SARL has the right to choose the method of warranty performance (repair, replacement or reimbursement of the price paid), all other claims being excluded.

As a general rule, the warranty covers quality and functional defects in the product purchased by the customer, and does not include normal wear and tear, the consequences of inappropriate treatment, damage by the customer or a third party, or defects due to external circumstances. In the event of an incident during installation, Nutridyn will not be liable for damage to its own systems, to equipment belonging to third parties, or to areas or spaces that may have been flooded as a result of leaks.

Likewise, the company cannot be held responsible for any intervention related to leaks, nor for damage caused by the presence of water in dwellings other than the one where the initial installation was carried out. The foregoing provisions apply to any situation involving premises where water treatment equipment is installed, where incidents result from improper handling or incorrect use of the equipment we market.

Privacy policy

Nutridyn Sàrl (Plan-les-Ouates, GE) operates the osmodyn.com website and the services offered on it. Nutridyn Sàrl is responsible for the collection, processing and use of your personal data and for ensuring that data processing complies with applicable legislation.

We comply with the legal provisions of the DPA, the OLPD, the LTC and, where applicable, the RGPD.

Visiting our website, cookies and other tracers

If you visit our websites, we use cookies and similar technologies. A cookie is a small computer file containing a sequence of numbers and letters. It is used to analyze user behavior when visiting our website.

We use Google Analytics and Adwords on our website to :

• recognize a computer when a user visits our website;
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• activate the use of a shopping cart;
• improve and analyze the use of our website;
• administer the website;
• prevent fraud and improve security;
• personalize the website for each user;
• send targeted advertising that may be of interest to certain users.

Deleting or disabling cookies may affect the use of certain functions.