General Terms and Conditions (GTC)

The following GTC apply exclusively to all deliveries, services and offers – including future ones – of Galifa Contactlinsen AG and Galifa Contactlinsen GmbH. For simplicity, the term «Galifa» is used below and refers to the respective company using these GTC, Galifa Contactlinsen AG as well as Galifa Contactlinsen GmbH. Galifa provides its services and deliveries exclusively on the basis of these GTC. Customer terms and agreements deviating from these GTC apply only if Galifa expressly recognises them in writing. The contact lenses manufactured by Galifa are Class IIa medical devices under European Directive 93/42/EEC. The corresponding requirements under national and European legislation and standards (e.g. HMG, MePV, MDD, MDR, ISO 13485, etc.), particularly regarding traceability, reporting and PMS/PMCF, must be applied by the manufacturer throughout all parts of the supply chain up to delivery of the product to the end customer. By placing the order, Galifa and the contractual partner guarantee compliance with the requirements stated above.

The customer’s order is generally placed via the online shop, by e-mail or by telephone. The customer is entitled to amend the order within 60 minutes. The amendment must be communicated in writing. The customer remains bound by the order. The customer is obliged to provide the data and values referenced in the order in good time. Galifa assumes no warranty for data provided or supplied by the customer.

Unless otherwise stated in the order, prices are quoted in CHF or EURO, excluding packaging and shipping. The place of performance is at Galifa’s registered office. Other additional and special services are charged separately. Statutory value added tax is not included in the prices unless it is expressly shown as such. For export deliveries, this also applies to customs duties and other public charges. The statutory VAT rate is determined by the legal situation on the day the service is rendered (delivery) and is shown separately on the invoice. Galifa reserves the right to change prices at any time. If the customer orders through the Galifa online ordering system, they receive a 2% discount on all products eligible for a discount.

Delivery dates and periods stated by Galifa are considered indicative unless a fixed period or fixed date has been expressly promised or agreed. Delivery delays after dispatch are at the customer’s risk. If production or delivery is impeded by force majeure or by unforeseen events for which Galifa is not responsible, in particular official measures and import or export restrictions, Galifa is only required to make the delivery once the impediment has been removed. This also applies in the event of unforeseen supply difficulties for raw materials or preliminary and intermediate products required to manufacture the goods, provided these difficulties are not attributable to Galifa. If such impediments persist for more than 30 days, Galifa is entitled to withdraw from the contract without the customer being entitled to claim damages. In this case, payments already made by the customer will be refunded without delay. When products are shipped to customers, instructions for use are supplied with each pair of contact lenses or Galifa ID. The handling and cleaning instructions described therein ensure that product performance and product safety are maintained during use by the customer or end user until the end of the product life cycle. If the contact lenses are supplied by the optician to the end user, the information must be passed on to the contact lens wearer or the instructions for use must be handed over.

Galifa issues invoices for its services either in the form of monthly pro-rata invoices or as total invoices. Invoices become due for payment within 30 days of the invoice date. If a direct debit authorisation is granted, the invoice will be collected on the 15th of the following month. Galifa is entitled to carry out or provide outstanding deliveries or services only against advance payment or security if, after conclusion of the contract, it becomes aware of circumstances capable of substantially reducing the customer’s creditworthiness and thereby endangering payment of outstanding claims by the customer under the respective contractual relationship. If the customer is in default of payment, outstanding amounts shall bear interest at 5% p.a. from the due date. If Galifa is able to prove greater damage, it is entitled to claim it. If payment remains outstanding after the first reminder, the respective discount conditions lapse.

The delivered goods remain the property of Galifa until all claims arising from the respective contract have been paid in full (so-called goods subject to retention of title). In the event of conduct by the customer contrary to the contract, particularly payment default, Galifa is entitled to take back the goods.

Withdrawal from booked educational services is possible free of charge up to six weeks before the scheduled date. If cancellation takes place less than six weeks before the scheduled date, a cancellation fee amounting to 50% of the costs will be charged. In the event of cancellation from five days before the scheduled date, the full price must be paid. The right to claim further damages remains reserved.

Galifa undertakes to use the information received only for the purpose of fulfilling the order. Personal data received by Galifa is used in compliance with the applicable data protection provisions (e.g. GDPR). All intangible rights incorporated in the supplied goods, such as patents, copyrights or know-how, remain fully the property of Galifa. Galifa retains sole ownership and intangible rights, such as copyrights, to concepts, drafts and presentations as well as quotations, illustrations, drawings, calculations and other documents – including in electronic form – that it makes available to the customer. The customer may not make them accessible to third parties, disclose them or reproduce them without express consent. If no contract is concluded, the customer must immediately destroy the documents received from Galifa in physical or digital form. Information provided or made available as part of educational services, such as presentations, illustrations, drawings and other documents in electronic or physical form, may be used by the customer only for internal purposes. The customer may not make them accessible to third parties, disclose them or reproduce them without express consent. The customer acquires no rights to the delivered products other than rights of use for their own use or for resale in accordance with the contract. Unless expressly agreed otherwise, the purpose of the contract is only the purpose made apparent by the customer when placing the order. Unless expressly agreed otherwise, only a simple, non-transferable right of use is granted, and in particular there is no obligation to hand over data.

The customer warrants the accuracy of the information and data provided by them. Galifa is responsible for the careful fulfilment of its contractual obligations. The goods must be inspected immediately upon receipt for defects. If defects are identified, they must be reported immediately and no later than 5 days after receipt of the goods, in writing or via the «Service Module» of the Galifa webshop. After expiry of this period, the goods are deemed approved. In the event of defects for which Galifa is responsible, Galifa will, at its discretion, repair the defective product or provide a replacement. A price reduction or rescission of the contract, insofar as the reduction cannot reasonably be expected of the customer, is permitted only after unsuccessful repair or replacement delivery. The customer is not entitled to have defects remedied by a third party or to remedy them themselves. Any warranty is rejected in the event of non-compliance with this provision. Galifa assumes no warranty for services provided by third parties. Any warranty claims are assigned to the customer.

If the customer selected the sales type «with exchange» when placing the order, they are entitled to exchange the contact lenses, depending on the lens type, from the delivery date as follows: 3-month lenses 40 days, half-year lenses 60 days, and soft annual lenses and RGP 90 days. The invoiced amount is automatically credited at 100% and the defined deductible, depending on the contact lens type, is invoiced. The prerequisite for automatic crediting is the provision of the serial number of the contact lens to be replaced. If the fitting is discontinued, the customer is requested to return to us all contact lenses ordered for the end user during the fitting phase. A contact lens can only be exchanged if the parameters of the originally ordered contact lens change. For warranty periods, valid from the delivery date, the same periods as for exchanges apply regardless of whether the sales type «with exchange» or «without exchange» was selected. Galifa strives to deliver flawless quality. If a product or delivery nevertheless does not meet the customer’s expectations, the customer may send the goods concerned for assessment. The defect complaint can be registered in the «Service Module» of the Galifa webshop. In the customer’s personalised account, under «History», the customer can register the delivery concerned for return. Once it has been registered (instructions are available in the webshop under «Info / Return instructions»), a return form with a unique identification number (RMA No.) is generated. The upper section of the return form contains the return address and can be used as a label, while the lower section should be enclosed with the parcel. The customer bears the cost of the return shipment.

Galifa is not liable for intent, gross negligence or consequential damage. Liability for auxiliary persons is excluded. No liability is assumed for the loss of contact lenses. Liability for culpable injury to life, body and health as well as mandatory statutory liability remain unaffected. Damage within the scope of product liability is handled in accordance with the current legal and regulatory provisions.

The contracting parties undertake to maintain confidentiality both in the context of competitions, contractual negotiations and the fulfilment of orders. Galifa is entitled, but not obliged, to make and retain copies of the results of the order.

Galifa is entitled to assign all claims arising from the contract with the customer without the customer’s consent. Should parts of these GTC be wholly or partially invalid, the remaining provisions of the GTC nevertheless remain binding. The customer is not entitled to transfer any rights arising from this contract without Galifa’s written consent. Contracts between Galifa and its customers are governed by Swiss law.