EMH fulfils the order on the Terms and Conditions in force at the time the order is placed. To consult the Terms and Conditions go to homepage "News" and click the relevant link. In case of doubt, the Terms and Conditions published on the homepage at the time of the order apply. Contrary terms and conditions are not recognized.
2 Creation of contract
The contract takes effect when the order is placed via the Internet. The customer receives no confirmation of the order.
Delivery normally takes a maximum of 2-4 days. The customer will be informed if the ordered items are not available.
4 Shipping costs
The ordered items are delivered with invoice in CHF. Special requirements (e.g. express delivery) are invoiced separately. The sales/subscription price is exclusive of shipping costs.
Where items are imported into countries outside Switzerland, customs duty may be chargeable and is payable by the customer. Customs charges vary from one customs territory to another. The customer is liable for payment of the applicable customs duties and charges. Import duties are not shipping costs.
6 Conditions of payment
1. The shipment to customer includes an invoice payable within 30 days.
2. On delivery of the goods the purchase price is payable without deduction of a cash discount.
3. The stated € prices are recommended prices only. The contract and invoice currency is CHF.
7 Value added tax
For shipments inside Switzerland the stated price includes the relevant country's applicable statutory VAT. For exports to other countries the stated price is the net price without VAT.
8 Late payment, collection costs
In respect of collection costs arising from late payment we are entitled to make a lump-sum charge of CHF 5.- unless it is proven that no or substantially lower costs are incurred. This is without prejudice to further claims, in particular with respect to enforcement by debt collecting agency or legal counsel.
9 Reservation of ownership, withdrawal
1. We retain ownship of the purchased article until receipt of all contractual payments. In the event of late payment we are entitled to withdraw from the contract and to demand return of the goods.
2. We reserve the right to make enquiries regarding the customer's credit standing even after conclusion of the contract and, if the result is negative, to withdraw from the contract.
10 Set-off, right of retention
1. A set-off is permitted only if your claim is undisputed or declared valid.
2. A right of retention subsists only if your counterclaim is based on the same contractual relationship.
11 Warranty, liability
1. If, when ownership passes to the customer, the goods are found to be defective, we are responsible for remedying the defect or replacing the goods. Should the repair or replacement goods fail to remedy the defect, you are entitled to demand either a reduction in the payment or termination of the contract.
2. We are liable for our own faults and those of our legal representatives and employees only as far as the fault is intentional or due to gross negligence. This does not apply to breaches of essential contractual obligations or absence of warranties of quality. The foregoing is without prejudice to the law on products liability.
12 Data protection
1. The data necessary for fulfilment of the order are stored and, as the case may be, released to associated companies or involved third parties in strict compliance with applicable data protection rules. (2) You are entitled to withdraw your consent at any time.
13 Applicable law and jurisdiction
1. The applicable law is that of Switzerland, even where goods are ordered in, or shipped to, other countries.
2. The competent courts for all claims arising from your order are those of Basel.
3. We are also entitled to take legal action at your seat of general jurisdiction.
4. Invalidity of individual provisions is without prejudice to the validity of the rest of the contract and these Terms and Conditions.
EMH Swiss Medical Publishers Ltd
phone:+41 (0)61 467 85 55
fax: +41 (0)61 467 85 56