24.11.24_V1.2
1. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed exclusively under the laws of Switzerland, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and other international conventions, where permissible. Any disputes relating to these terms and conditions shall fall under the exclusive jurisdiction of the courts of Baden, Switzerland.
If foreign courts assert jurisdiction contrary to this clause, Retinfix GmbH reserves the right to argue the exclusive jurisdiction of Swiss courts.
These Terms and Conditions apply to all products and services offered by Retinfix GmbH, whether purchased directly or through subscriptions. By purchasing products or subscribing to services, customers and subscribers agree to these terms.
2. Limitation of Liability
Retinfix GmbH’s liability, whether in contract, tort, negligence, or otherwise, is limited to direct and actual damages, not exceeding the total fees paid to Retinfix GmbH by the customer or subscriber. Retinfix GmbH shall not be liable for indirect, incidental, consequential, punitive, special, or exemplary damages, including but not limited to loss of profits, data loss, or interruption of service.
This includes, but is not limited to, damages resulting from:
- Any decline in market value or investment loss;
- The customer’s or subscriber’s inability to access Retinfix GmbH’s website or services;
- Errors, delays, or omissions in content delivery;
- Use of material provided by Retinfix GmbH for decisions that are deemed unsuitable under industry standards.
Disclaimer for Physical Harm and Functional Loss:
Retinfix GmbH explicitly disclaims any liability for bodily harm, partial or complete loss of bodily functions (including but not limited to vision), or any progression of medical conditions. Our products and services are not intended to cure, prevent, or reverse any medical conditions but are designed to alleviate symptoms or potentially slow their progression. Users acknowledge and agree that outcomes may vary significantly, and Retinfix GmbH does not guarantee any specific results.
Use of any Retinfix GmbH product or service is at the sole risk of the customer or subscriber. Retinfix GmbH does not assume liability for misuse or failure to follow instructions for use.
3. Product Liability and Safety
Products sold by Retinfix GmbH comply with Swiss technical and legal standards. It is the customer’s responsibility to verify compliance with import laws, technical standards, and regulations in their own country.
Customers and subscribers must follow all safety instructions and usage guidelines provided with the product. Retinfix GmbH assumes no liability for damages resulting from misuse, failure to follow instructions, or unauthorized alterations to the product. This product does not constitute medical advice or guarantee specific outcomes. It is not intended to diagnose, treat, cure, or prevent any disease.
4. International Orders and Customs Disclaimer
Prices and Additional Charges:
All prices are listed in US Dollars. For orders placed outside Switzerland, additional charges such as customs duties, taxes, or brokerage fees may apply and are the customer’s responsibility.
Customs Compliance:
Customers are solely responsible for ensuring that their orders comply with all customs regulations in their country. Retinfix GmbH will not be held liable for delays, confiscations, or additional fees resulting from customs clearance processes. If customs authorities require additional information or documentation, the customer must provide it promptly.
Ownership and Risk Transfer:
Ownership and risk transfer to the customer occurs upon handover to the shipping carrier. Delays in customs clearance or any additional fees will not be reimbursed by Retinfix GmbH.
5. Disclaimer of Warranty
All material and products provided by Retinfix GmbH are offered “as is” without any warranty of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. Retinfix GmbH makes no guarantees regarding the continuous availability, accuracy, or reliability of its services or products.
6. Third-Party Websites and Services
Retinfix GmbH is not responsible for content on third-party websites linked from its website or newsletters. Links are provided solely for user convenience, and Retinfix GmbH does not endorse or assume liability for any third-party content, products, or services.
7. Copyright Notice
Retinfix GmbH owns all intellectual property rights to content provided, unless otherwise stated. Copying, distributing, or reproducing such material without explicit written consent from Retinfix GmbH is prohibited.
Unauthorized use of the Retinfix GmbH logo, name, or branding in any form is strictly prohibited without prior written consent. Violators may face civil and criminal penalties to the fullest extent of the law.
8. Data Privacy and GDPR Compliance
Retinfix GmbH complies with the General Data Protection Regulation (GDPR) and is committed to protecting the privacy of its customers and subscribers.
Personal data collected by Retinfix GmbH is securely stored and processed in Switzerland, in compliance with the General Data Protection Regulation (GDPR).
Customer Rights under GDPR:
- Access to personal data.
- Rectification or deletion of personal data.
- Restriction of or objection to data processing.
- Data portability upon request.
For more information on data privacy, please refer to our privacy policy.
9. Medical Disclaimer
The Retinfix devices are designed to potentially slow the progression of degenerative retinal diseases such as retinitis pigmentosa. However, results may vary from person to person, and no specific outcomes are guaranteed. Testimonials represent individual experiences and are not indicative of typical results.
The information provided on retinfix.com is for general information purposes only and is not intended to substitute professional medical advice, diagnosis, or treatment. Always consult your physician regarding any medical condition or treatment.
10. Accuracy Disclaimer
Retinfix GmbH does not guarantee the accuracy, completeness, or reliability of any information provided on retinfix.com. All information is subject to change without notice. Customers are encouraged to independently verify any information obtained from www.retinfix.com and consult a medical professional for advice, diagnosis, or treatment. Retinfix GmbH is not liable for decisions made based on the information provided.
11. No Endorsement Disclaimer
Retinfix GmbH does not recommend, endorse, or make any representation about the efficacy, appropriateness, or suitability of any specific tests, products, procedures, treatments, services, or healthcare providers mentioned on www.retinfix.com. Retinfix GmbH assumes no responsibility for any advice, course of treatment, diagnosis, or products obtained through the use of www.retinfix.com.
12. Force Majeure
Retinfix GmbH is not liable for delays or non-performance due to events beyond its reasonable control, including but not limited to natural disasters, war, strikes, pandemics, or government actions.
13. Severability
If any provision of these terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain fully enforceable.
14. Changes to Terms & Conditions
Retinfix GmbH reserves the right to amend these terms at any time. Customers and subscribers will be notified of material changes at least 30 days prior to their effective date. Continued use of Retinfix GmbH’s services constitutes acceptance of the revised terms.
15. Acknowledgment and Agreement
By using any services, purchasing products, or subscribing to any offerings from Retinfix GmbH, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.
