SCOPE
These General Terms and Conditions (hereinafter referred to as "T&C") apply to all business relationships between macu4 Ltd. ("Macu") and its customers, website vis-itors, interested parties in products, etc., in particular also via the domain "www.macu4.ch". Should Macu agree to deviating provisions in offers or individual agreements with customers, these individual agreements shall take precedence.
ADJUSTMENTS TO THE WEBSITE
This website and its content is administered by Macu. We reserve the right, at our own discretion, to change the content of our website in whole or in part at any time without prior notice and/or even to discontinue its operation.
The products shown as well as recommendations for product combinations show ex-amples of supply and a selection of Macu products. No statement is made for other products.
Whether a product is actually suitable for you and whether you will be able to fully utilise the functionality of a product depends on many different factors. Decisive factors include your physical condition, your fitness and a detailed medical examina-tion. Ask your doctor and/or health care professional about treatment, contraindica-tions and possible risks. Please also read the product information and instructions for use.
SCOPE AND FORMATION OF CONTRACT
These T&C are entered between Macu and the customer of Macu ("Customer", to-gether the "Parties") and apply to all legal transactions between the Customer and Macu made through the web shop on www.macu4.com ("Web Shop"), including all purchases of products of Macu, including but not limited to 3D printed shafts and 3D printed activity modules (the "Products") configured with the use of the online con-figuration ("Online Configurator") .
By placing an order to Macu for a Product in the Web Shop (the "Order") the Cus-tomer agrees to these T&C and Macu's Privacy Policy. Unless expressly stated other-wise in the Order, these T&C shall prevail in case of conflicting provisions; in any event, the Customer's standard terms do not apply.
ORDER OF PRODUCTS
Orders for Products may be placed in accordance with the ordering procedure described in the Web Shop. Any Product images displayed in the Web Shop are used for illustration purposes only and are not binding. The Products and prices offered in the Web Shop are deemed to be a non-binding offer by Macu to the Customer.
By placing an Order and the simultaneous ac-ceptance of these T&C, the Customer makes a le-gally binding offer to conclude a purchase of the Product indicated in the Order.
The purchase of a Product is deemed to be com-pleted only when Macu confirms the Order by e-mail to the Customer.
Each Order is subject to the condition of the avail-ability of the Products.
The Customer confirm compliance with the legal provisions for all Orders with a minimum age re-quirement of 18.
PAYMENT OF PRODUCTS
All costs are displayed at checkout. Technical changes, errors and misprints are reserved. Macu may change prices at any time without prior no-tice.
The Customer may choose from the payment op-tions available in the Web Shop.
DELIVERY OF PRODUCTS
Macu is committed to providing reliable infor-mation on the availability and delivery times in the Web Shop. However, production and delivery shortages may cause delivery delays for Macu. All information on availability and delivery times may be subject to change.
Macu will, reasonably upon accepting an Order, ar-range for the delivery of the ordered Products to the address indicated in the Order and will select and instruct a suitable carrier for this purpose.
Deliveries are made exclusively to addresses in Switzerland.
Title and risk in the Product shall pass to the Cus-tomer upon disposal of the Product to the carrier. Macu does not assume any liability for any dam-ages arising out of the delivery of the Product to the Customer.
All commercially reasonable and expectable costs for delivery of the Product shall be borne by the Customer and are indicated to the costs specified in the Order.
ACCEPTANCE OF THE PRODUCT
The Customer agrees to inspect the delivered Products for defects upon receipt and to report any defects within seven (7) days to Macu; otherwise the Product shall be deemed to be accepted.
Defective or incorrectly delivered Products report-ed to Macu within the above mentioned seven (7) days after receipt of the Products shall be returned to Macu in their original packaging and the Cus-tomer shall receive a replacement delivery of the Products if possible, otherwise a refund. Later modifications to the Products are excluded.
Notwithstanding the foregoing, the Customer shall be entitled to a free replacement or rectification of any defective Product pursuant to the General Warranty, subject to Macu's discretion. All other legal remedies such as reduction of the Product price are explicitly excluded.
WARRANTY
Macu warrants all of its Products for a period of two years, (i) to be free from defects in design geometry, materials and workmanship and (ii) to comply with the specifications provided to and ac-cepted by Macu, taking into account the limitations standard and limitations of current 3-D printing technologies provided to their normal wear and tear and (iii) their intended use following all of Macu's instructions and requirements (the "Gen-eral Warranty").
Irrespective of the foregoing, the General Warran-ty does not cover defects and damages due to (i) on-site printed customized designs (i.e. Macu ex-plorer), (ii) accidents, neglect, misuse or opera-tion beyond Macu's capacity, (iii) parts damaged by improper modification, installation, false speci-fication or measurement, substitution of parts, not approved by Macu, (iv) any alteration or repair by others that, in Macu's judgment, materially or ad-versely affects the product, part or service, (v) that were not possible for Macu to know, given the state of scientific and technological knowledge at the moment the product was put into circulation; (vi) and/or to the conformity of the Products with binding government rules. Furthermore, the Gen-eral Warranty does not include insignificant devia-tion of the quality of the delivered Products. It is thereby acknowledged that the color of the Product may vary and abrade due to normal wear and tear.
It is the sole responsibility of the Customer to provide the correct measurements required for the configuration of any Products of Macu, unless measurements are taken by or directly assisted by Macu. Macu explicitly disclaims any liability and warranty for the correct measurement, provision of the spacer lengths and any new or final prod-ucts assembled with Macu's Products, unless measured in conformance with all Macu recom-mendations or directly by Macu.
The General Warranty only applies to the Products, subject to normal usage of the Online Configura-tor, without unapproved arm measurement meth-ods and arm stump characteristics not supported by the used system or Macu. Macu provides the use of the Online Configurator on an "as is" basis and does not warrant for the merchantability of any software application required for the use of the Online Configurator.
For the avoidance of doubt, there is no defect if an individual adaptation of the delivered Product is no longer possible due to unforeseeable physical changes in the wearer of the Product between the time of the Order and the adaptation date.
Macu is not responsible for the durability and use-ful life of the Product or any final product the Product is used for, if materials are added to the Product or the Product or a final product the Prod-uct is used for is assembled by any third party, in-cluding the Customer (e.g. an Atop or BOA lacing system added by a Customer). In particular, any warranty and liability due to the assembly of the Product or the assembly of a final product the Product is used for by a third party, including the Customer, is excluded.
LIMITATION OF LIABILITY
EXCEPT FOR THE EXPLICIT REPRESENTATION AND WARRANTIES CONTAINED IN THIS T&C, MACU MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS, INCLUDING NO WARRANTY FOR FITNESS FOR PURPOSE, MER-CHANTABILITY AND NON-INFRINGEMENT AND EXCLUDES AND DISCLAIMS ANY LI-ABILITY FOR DAMAGES IN CONNECTION WITH THE USE OF THE PRODUCTS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ALL WARRANTY RIGHTS ARE EX-CLUDED FOR ANY DEFECTS UNLESS EXPLICITLY WARRANTED HEREIN. THE PROD-UCTS ARE USED BY THE CUSTOMER AT ITS OWN RISK.
COMPLAINTS
Any complaints in connection with the use of the Products should be sent to sup-port@macu4.com. Customers undertake to report any incidents related to the use of the Products to Macu.
DATA PROTECTION
Macu processes personal data of the Customer for the purpose of facilitating the pur-chase, its payment and the delivery of the Products and in accordance with the appli-cable Privacy Policy of Macu.
COPYRIGHT NOTICE
The website as well as the photos posted on the website and the texts created by Macu are protected by copyright. Any use, reproduction or exploitation (even in part) is therefore prohibited without the express written consent of Macu.
APPLICABLE LAW
This Agreement and any and all disputes arising out in connection with this Agreement are gov-erned by the laws of Switzerland excluding its con-flict of laws rules and the CISG, unless mandatory provisions of consumer protection laws apply.
Any dispute arising out of or in relation to this Agreement shall be settled by the ordinary courts of the city of Zurich, Switzerland, unless mandato-ry provisions of consumer protection laws apply.
OTHERS
Failure or delay of Macu in exercising any right, power or option hereunder shall not constitute a waiver of the terms and conditions of these T&C.
Any provision of these T&C that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Macu reserves the right to changes these T&Cs at any time.
