General Terms and Conditions of Decacel Laboratoires AG (Decacel) for the webshop www.decacel.com

Applicability of the General Terms and Conditions

These general terms and conditions ( GTC ) apply to all orders via the webshop www.decalys.com for Decalys® products of

Decacel Laboratoires AG
Feldeggstrasse 69
8008 Zurich
Switzerland

The General Terms and Conditions apply in the version valid at the time of the order. Decacel reserves the right to change these General Terms and Conditions at any time. The current version of the General Terms and Conditions can be viewed, saved, and printed on the website www.decalys.com under General Terms and Conditions.

Contractual terms and conditions deviating from these General Terms and Conditions, in particular those which the customer declares to be applicable when accepting the contract, shall only apply if they have been accepted in writing by Decacel.

Customer base and contract language

The offer in the online shop is aimed at natural and legal persons who have their habitual residence or registered office in Switzerland or the EU or an EEA member state.

The contract language is German.

Ordering process and conclusion of the contract

The representations of the products in the web shop do not constitute a legally binding offer from Decacel.

A binding order is concluded when the customer has entered all the data required for the execution of the contract, confirmed that he has read these General Terms and Conditions and clicked the “Order Bindingly” button ( order ).

Until this button is clicked, the customer can select products without obligation and place them in the shopping cart, change quantities and delete them.

The submission of the binding order shall be deemed to be an offer by the customer to Decacel to conclude a contract.

Binding orders can be placed as a guest or as a registered customer. To register, the customer must create a password-protected customer account.

Immediately after receiving the order, Decacel will confirm receipt of the order ( order confirmation ).

Decacel reserves the right to accept orders. Decacel is not obligated to conclude a contract based on an order. An order may be canceled or rejected, in particular, if a violation of these Terms and Conditions has occurred or there is a suspicion of such a violation. Such a case occurs, in particular, if a customer has not paid for a previous order, or if insufficient credit card funds were discovered for a previous order, or if a customer's return rate is noticeably high and has not improved despite appropriate information. The customer will be notified of cancellations and rejections by email.

The purchase contract is only concluded when Decacel confirms the shipment of the order by email ( shipping confirmation ) or directly through the delivery of the ordered products. If the order includes multiple products, the contract is only concluded for those products that are expressly listed in the shipping confirmation or have actually been delivered.

Sales price and shipping costs

All prices in the webshop are final prices. They include statutory VAT and any other applicable taxes. Final prices are stated in Swiss francs ( CHF ) and euros ( EUR ).

In addition to the stated prices, shipping costs may apply depending on the order value. For orders with a goods value of less than CHF 100, additional shipping costs will apply, depending on the delivery address. For orders over CHF 100, delivery within Switzerland is free of charge.

Delivery conditions

Delivery is only possible within Switzerland, the EU and the EEA member states.

Unless otherwise stated in the online shop for the respective product,

• For Standard B orders, delivery takes 3 to 5 working days, excluding Saturdays, Sundays and public holidays.
• Priority A orders placed before 10:00 a.m. will be delivered the next business day, excluding Saturdays, Sundays, and public holidays. The postal service's fulfillment rate is 98%.
• Europe 5 to 10 working days, World 10 to 14 working days

For international shipments, country-specific customs duties or import taxes may apply, which must be paid by the recipient upon delivery. Our prices include Swiss VAT.

If Decacel is unable to meet a delivery deadline for reasons beyond its control (unavailability of the products, e.g., due to force majeure), Decacel will notify the customer immediately, if possible, stating the new expected delivery date. If the new delivery date is not acceptable to the customer, or if the products are partially or completely unavailable even within the new delivery date, both parties are entitled to withdraw from the contract with regard to the affected products. Any consideration paid by the customer for the unavailable products will be refunded to the customer.

In the event of force majeure, such as strikes and other industrial action, riots, war, natural disasters, official measures, epidemics, or pandemics, delivery delays will not occur. Decacel is also not liable for delivery delays caused by third parties. The customer will be informed immediately of any delivery delays.

If not all ordered products are in stock, Decacel is entitled to make partial deliveries.

Shipments will be handed over personally to the specified delivery address whenever possible, but without verifying the recipient's identity. If no one is at the delivery address, the delivery may be placed in the mailbox if the size of the package allows this. Otherwise, delivery will be considered a failure and attempted again at the earliest possible time and after reasonable advance notice.

If delivery of the ordered products is impossible due to the customer's fault despite two delivery attempts, Decacel may withdraw from the contract. Any payments already made by the customer will be refunded.

Payment of the order

The security of your payment is our top priority. That's why we've selected the following secure payment options for you:

– Direct bank transfer to the bank account of Decacel Laboratoires AG, stating the order number

Account number: 1148-3725.118
IBAN: CH32 0070 0114 8037 2511 8
Zurich Cantonal Bank
mailbox
8010 Zurich

issued to:
Decacel Laboratories SA
Feldeggstrasse 69
8008 Zurich

– Visa & MasterCard (with Stripe )

Our prices include Swiss VAT.

When paying by credit card, the customer's credit card account will be debited at the time of the binding order.

Returns and exchanges

An exchange of goods is not possible.

Retention of title

The products remain the property of Decacel until full payment has been made.

Assignment

Decacel reserves the right to assign to third parties for collection any outstanding purchase price claims against the customer arising in connection with delivered orders, including any partial payment installments due, default interest and reminder fees.

Customer testing of products and warranty

The customer is obliged to inspect the delivered products immediately upon delivery and to report any defects immediately to Decacel Customer Service (info@decalys.com). Otherwise, the products will be deemed accepted. Acceptance will be deemed to have occurred if the customer does not submit a written complaint (email is sufficient) to Customer Service within eight (8) days of delivery.

Defects that were not detectable even after proper inspection must be reported to customer service immediately after discovery in writing (email is sufficient); otherwise, the ordered products will be deemed accepted even with regard to these defects.

The defective product must be returned to Decacel along with a copy of the payment receipt and a detailed description of the defect. In the event of a defect, the customer should contact Decacel (info@decalys.com). Decacel will decide whether a return is appropriate. Any return shipping costs incurred will be borne by Decacel.

Decacel may, at its sole discretion, remedy the defect by repair, replacement, delivery of a comparable product, or take back the product and refund the purchase price. Products returned by customers become the property of Decacel.

Any right to a price reduction is excluded.

Any further liability for defects and consequential damages is excluded. This exclusion of liability extends in particular to all claims that compete with warranty rights, whether based on contract (Art. 97 et seq. of the Swiss Code of Obligations), tort (Art. 41 et seq. of the Swiss Code of Obligations), or avoidance of the contract due to error (Art. 23 et seq. of the Swiss Code of Obligations).

Decacel does not provide any guarantee in the legal sense.

Transfer of benefit and danger

Upon valid delivery of the products, the benefit and risk, in particular the risk of theft, damage by third parties and environmental influences, are transferred to the customer.

Damage caused by transport

If products are delivered with damage caused by transport, the customer must immediately report such damage to the carrier (e.g., post office or courier service) and inform Decacel immediately. Failure to file a complaint with the carrier or to inform Decacel has no impact on statutory claims and their enforcement, in particular warranty rights (see, however, the obligation to report defects in a timely manner in Section 10). This procedure is intended to ensure the prompt settlement of the damage by the carrier and/or Decacel.

Disclaimer

Decacel's liability for slight negligence is excluded. Liability for vicarious agents is completely excluded.

In particular, Decacel shall not be liable for damages resulting from any of the following causes:

• improper, non-contractual or illegal storage, setting or use of the products;
• force majeure, in particular natural disasters, moisture, falls and impact damage, etc., for which Decacel is not responsible, and official orders.

Data protection

Decacel's collection and processing of customers' personal data is explained in its privacy policy. The privacy policy is available on the website www.decalys.com under "Data Protection."

Final provisions

Should one or more provisions of these Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions.

Swiss substantive law applies exclusively. The application of conflict of law rules and the UN Convention on Contracts for the International Sale of Goods is excluded.

Any disputes arising from or in connection with these Terms and Conditions shall be subject to the jurisdiction of the competent court in Zurich, Switzerland. Mandatory statutory jurisdiction remains reserved.