General terms and conditions

General Terms and Conditions (GTC) of Sleepiz AG – sleepiz.com

The use of this website and the business relationship between Sleepiz AG – sleepiz.com, Hornbachstrasse 23, 8008 Zurich, Switzerland and its customers are subject to the following General Terms and Conditions (GTC) in the version currently available and valid when the website is accessed or when goods are ordered. The offer on this website is directed exclusively at customers with Swiss residence.

A client is defined as any natural or legal person who has a business relationship with Sleepiz AG. Clients who book a sleep apnea screening with a Sleepiz One confirm that the person to be screened does not wear any implanted devices (such as pacemakers), is older than 18 years, and is not pregnant.

The general terms and conditions, the terms of delivery and payment as well as the privacy policy may be amended from time to time. Sleepiz AG asks you to read these terms carefully each time you visit the website and place an order.

These terms and conditions apply exclusively. Conflicting, supplementary or deviating terms and conditions must be expressly confirmed in writing by Sleepiz AG in order to be valid. By using this website or ordering goods, the customer confirms that he/she fully accepts these terms and conditions, including the terms of delivery and payment.

Should individual provisions of these GTC prove to be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

The operator of this website is Sleepiz AG https://sleepiz.com/imprint.

2. Information on this website

Sleepiz AG – sleepiz.com contains information about products and services. Prices and product range as well as technical changes are subject to change without notice. All information on sleepiz.com (product descriptions, illustrations, films, dimensions, weights, technical specifications, accessory relationships and other information) are to be understood as approximate values only and, in particular, do not represent any assurance of properties or guarantees, unless explicitly stated otherwise. sleepiz.com endeavours to provide all details and information on this website in a correct, complete, up-to-date and clear manner, but sleepiz.com cannot provide any guarantee for this, either expressly or implicitly.

All offers on this website are subject to change and are not to be understood as a binding offer.

sleepiz.com cannot guarantee that the products listed will be available at the time of ordering. Therefore, all information on availability and delivery times is without guarantee and may change at any time and without notice.

3. Prices

Unless otherwise stated, the prices quoted by Sleepiz AG – sleepiz.com include the statutory value added tax.

The sales prices include consulting and support services related to the booked screening.

4. Conclusion of contract

The offers on this website represent a non-binding invitation to the customer to order products and/or services from Sleepiz AG – sleepiz.com. By placing an order via this website, including the acceptance of these general terms and conditions, the client submits a legally binding offer to conclude a contract. sleepiz.com then sends an automatic “order confirmation” by email, which confirms that Sleepiz AG – sleepiz.com has received the client’s offer. Orders placed are binding for the customer. Unless otherwise stated, there is no right of return or withdrawal.

The contract is concluded as soon as sleepiz.com sends a declaration of acceptance by email confirming the dispatch of the ordered products or services.

Orders will only be shipped after full payment has been received and if the goods are available. If it becomes apparent after the conclusion of the contract that the ordered goods cannot be delivered or cannot be delivered in full, sleepiz.com is entitled to withdraw from the entire contract or from a part of the contract. If sleepiz.com has already received payment from the customer, the payment will be refunded to the customer. If no payment has been made yet, the customer shall be released from the obligation to pay. sleepiz.com shall not be obliged to make a replacement delivery in the event of a cancellation of the contract.

The contractual service shall be deemed to have been rendered if at least one successful measurement with corresponding evaluation is available and the results of this measurement have been sent to the customer. Delivery of the results can only take place after the devices have been returned to Sleepiz. A measurement is considered successful if there is sufficient data quality for at least one sensor (Sleepiz One+, or the oxygen sensor) in one night.

5. Payment options and retention of title

The customer can use the payment options stated in the order process.

sleepiz.com reserves the right to exclude customers from individual payment options or to insist on advance payment without giving reasons.

In the event of late payment by the customer, sleepiz.com may charge interest on arrears of 5% per year and a reminder fee of a maximum of CHF 20 per reminder.

The products delivered to the customer always remain the property of sleepiz.com.

6. Delivery, obligation to inspect, notice of defects and return

Deliveries are sent by post or courier service to the address specified by the customer in the order. Invoices will be sent by email or by post. Upon dispatch, the benefit and risk shall pass to the customer to the extent permitted by law.

If the delivery cannot be delivered or if the customer refuses to accept the delivery, sleepiz.com may terminate the contract after notifying the customer by email and setting a reasonable deadline, as well as charging the customer for the costs incurred.

The customer shall be obliged to inspect the delivered goods immediately upon receipt and to report any defects for which sleepiz.com provides a warranty immediately in writing by letter or email to the address in the imprint info@sleepiz.com.

Returns to sleepiz.com shall be made using the return note provided. The customer must send the equipment in its original packaging and complete with all accessories to the address given by Sleepiz AG – sleepiz.com in the imprint.

If the inspection by sleepiz.com shows that the devices have an identifiable defect that is not covered by the manufacturer’s warranty, Sleepiz AG – sleepiz.com may charge the customer the manufacturing costs of the products of up to CHF 1,000.

The following are not covered by the warranty

• the wilful damage of the devices,
• the opening or dismantling of the devices,
• damage caused by improper use (such as by deviating from the instructions for use).

Likewise, the units or their components up to CHF 1,000 will be invoiced if they are not returned complete and with all accessories within one month.

7. Right of withdrawal

You have the right to cancel this contract within seven days without giving any reason if the equipment for your sleep apnoea screening has not yet been dispatched. The cancellation period is seven days from the day on which you, or a third party nominated by you, successfully completed the booking of the sleep apnoea screening. To exercise your right of withdrawal, you must inform us Sleepiz AG, email info@sleepiz.com of your decision to withdraw from this contract by means of a clear statement (e.g. a letter or email sent by post).

8. Warranty

The legal warranty regulations of Switzerland apply.

9. Liability

sleepiz.com excludes all liability, irrespective of its legal basis, as well as claims for damages against Sleepiz AG – sleepiz.com and any auxiliary persons and vicarious agents. In particular, Sleepiz AG – sleepiz.com is not liable for indirect damages and consequential damages, for damages to health, loss of profit or other personal injury, property damage and pure financial loss of the client. Further mandatory legal liability, for example for gross negligence or unlawful intent, remains reserved.

Sleepiz AG – sleepiz.com only uses hyperlinks to facilitate the client’s access to other websites. Sleepiz AG – sleepiz.com can neither know the content of these web offers in detail, nor assume liability or other responsibility for the content of these websites.

10. Data protection

Sleepiz AG – sleepiz.com may process and use the data recorded during the conclusion of the contract for the purpose of fulfilling the obligations arising from the sales contract as well as for marketing purposes. The data necessary for the fulfilment of services may also be passed on to commissioned service partners Post or other third parties. The data necessary for the performance of the service may be sent via non-secure connections and may also be processed on servers outside Switzerland.

The further data protection provisions can be called up under the following link: https://sleepiz.com/privacy-policy.

11. Further provisions

Sleepiz AG – sleepiz.com expressly reserves the right to change these GTC at any time and to put them into effect without notice.

In the event of disputes, Swiss substantive law shall apply exclusively, to the exclusion of conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods (CISG, Vienna Sales Convention) is explicitly excluded.

The place of jurisdiction is Zurich unless the law provides for a mandatory place of jurisdiction.

12. Contact

If you have any questions regarding these GTC, please contact: https://sleepiz.com/imprint

Version 27.09.2021