1. Purpose and scope
These General Terms and Conditions of Sale (hereinafter the “GTCS”) govern all product sales made via the website www.oniris.ronflement.ch (hereinafter the “Site”), operated by NabooMed Sàrl. Any order placed on the Site implies the customer’s full and unreserved acceptance of these GTCS.
NabooMed Sàrl reserves the right to modify these General Terms and Conditions of Sale at any time. The applicable terms and conditions are those in effect on the date of the order.
2. Identity of the seller
NabooMed Sàrl
Allée des Défricheurs 4a, 2300 La Chaux-de-Fonds, Suisse
IDE number: CHE-369.489.598 — VAT number: CHE-369.489.598 — Registered in the commercial register of the canton of Neuchâtel
Phone: +41 32 544 97 14 — E-mail: info@oniris-ronflement.ch
3. Products offered
The Site offers for sale a mandibular advancement device designed to reduce snoring, as well as its associated accessories and consumables.
This product is a Class I medical device within the meaning of the Swiss Ordinance on Medical Devices (MedDO) and, where applicable, Regulation (EU) 2017/745 (MDR). It bears the CE mark.
The essential characteristics of each product (composition, available sizes, instructions for use) are presented on the product pages of the Site. Photographs and illustrations are not contractually binding.
4. Medical warning and intended use
The mandibular advancement device sold on the Site is intended to alleviate simple snoring and mild to moderate obstructive sleep apnea diagnosed by a healthcare professional. It is not a diagnostic device and does not in any way replace a medical consultation.
Use of this product is not recommended, unless expressly advised otherwise by a medical professional, in the following situations:
- Severe obstructive sleep apnea that is undiagnosed or not under medical management
- Active dental conditions, loose teeth, recent implant, insufficient anchor teeth (fewer than 10 per jaw), or ongoing orthodontic treatment.
- Temporomandibular joint (TMJ) disorders
- Pronounced gag reflex
- Persons under the age of 18
- Pregnancy
It is essential to consult a doctor or dentist before using the device for the first time in these situations, particularly if there is any doubt regarding the severity of sleep apnea, as this condition requires a prior medical diagnosis (polysomnography or an equivalent examination).
The customer is solely responsible for complying with the instructions for use provided with the product and for the accuracy of any medical information provided when placing the order.
5. Order
The customer selects the desired products and follows the ordering process indicated on the Site. The order is considered final only upon confirmation by email from NabooMed Sàrl and receipt of full payment.
NabooMed Sàrl reserves the right to cancel or refuse any order from a customer with whom there is an outstanding dispute regarding payment for a previous order, or in the event that the ordered product is unavailable.
6. Price
Product prices are quoted in Swiss francs (CHF), inclusive of all taxes. They do not include delivery charges, which are billed separately and indicated prior to final order confirmation.
NabooMed Sàrl reserves the right to modify its prices at any time. Products are billed based on the rates in effect at the time the order is confirmed.
In the event of a manifest pricing error resulting from a technical glitch or data entry mistake (such as a price that is negligible or absurdly low relative to the product’s actual value), NabooMed Sàrl reserves the right to cancel the order in question and notify the customer as soon as possible, issuing a full refund of any amounts already paid.
7. Payment terms
Payment is made online using the payment methods offered on the Site (credit card, TWINT, or any other method indicated at the time of the order). Payment is due immediately upon ordering.
Transactions are secured by a third-party payment provider. At no time does NabooMed Sàrl have access to the client’s full banking details.
8. Delivery
The products are delivered to the address specified by the customer when placing the order, within the timeframes indicated on the Site (provided for information purposes only, unless otherwise stated). Delivery times are estimates only, and a delay shall not give rise to any claim for damages.
Transport-related risks are transferred to the customer as soon as the parcel is handed over to the carrier. It is the customer’s responsibility to check the condition of the parcel upon receipt and to report any issues.
9. Right of return
Swiss law does not provide for a statutory right of withdrawal for distance purchases. However, as a matter of commercial policy, NabooMed Sàrl allows the customer to return a product in its sealed original packaging (i.e., unopened, with the factory seal or protective film intact) within 14 days of receipt for a refund or exchange. Return shipping costs are borne by the customer, except in the event of a product defect.
For reasons of hygiene and health protection, orthoses and accessories that come into contact with the mouth cannot be returned or refunded once the sealed packaging has been opened, except in the event of a proven product defect established in accordance with Article 10. In the event of a proven defect, return shipping costs shall be borne by NabooMed Sàrl.
10. Warranty
The products sold are covered by the statutory warranty against defects provided for under Swiss law (Art. 197 et seq. of the Code of Obligations). In the event of a proven defect, the customer may request repair, replacement, or—failing that—a refund of the product, subject to applicable legal conditions.
A contractual manufacturer’s warranty may also apply, subject to the conditions specified in the documentation accompanying the product.
11. Liability
To the extent permitted by applicable law, NabooMed Sàrl shall not be held liable for any damage resulting from use of the product that does not comply with the provided instructions, failure to observe the contraindications mentioned in Article 4, or failure to seek prior medical consultation when such consultation was recommended.
This limitation does not apply, and NabooMed Sàrl remains fully liable in the event of gross negligence or willful misconduct, personal injury resulting from a product defect within the meaning of the Federal Act on Product Liability (PLA), or in any other case where Swiss law prohibits the exclusion or limitation of liability (notably Art. 100 para. 1 CO).
Subject to the same proviso, NabooMed Sàrl’s liability for indirect damages (such as loss of use or non-pecuniary loss) is excluded to the extent permitted by applicable law.
12. Data protection
Personal data collected during the order process is processed in accordance with the Federal Act on Data Protection (FADP) and the Site’s privacy policy, which is available separately. It is used exclusively for order processing, after-sales service, and—subject to the customer’s consent—commercial communications.
The data is retained for the time necessary to process the order, and subsequently for the period required by legal retention obligations (particularly accounting-related), which is generally 10 years.
NabooMed Sàrl may engage subcontractors (hosting providers, payment service providers, carriers) for the performance of the contract. If these service providers are located outside Switzerland or the European Economic Area, such a transfer takes place only if the recipient country ensures an adequate level of protection or if appropriate contractual safeguards are in place.
The customer has the right to access, rectify, and delete their data, which they may exercise by contacting NabooMed Sàrl using the contact details specified in Article 2.
13. Intellectual Property
All content on the Site (text, images, logos, trademarks) is the exclusive property of NabooMed Sàrl or its partners and may not be reproduced, used, or distributed without prior written authorization.
14. Applicable Law and Jurisdiction
These General Terms and Conditions of Sale are governed by Swiss law, excluding conflict-of-law rules and the Vienna Convention on Contracts for the International Sale of Goods.
Any dispute relating to their interpretation or performance falls within the exclusive jurisdiction of the courts of the Canton of Neuchâtel, subject to mandatory provisions applicable to consumers.
15. Minimum age
The sale of products on the Site is reserved for adults. By placing an order, the customer declares that they are at least 18 years old.
16. Force majeure
NabooMed Sàrl shall not be held liable for any delay or non-performance resulting from a force majeure event, including strikes, natural disasters, major IT system failures, or any circumstance reasonably beyond its control.
17. Language of the Agreement
These General Terms and Conditions of Sale are drafted in French, and also, where applicable, in English and German. In the event of any discrepancy between the versions, the French version shall prevail.
18. Entirety and non-waiver
These General Terms and Conditions of Sale constitute the entire agreement between the parties regarding the subject matter hereof. The failure of NabooMed Sàrl to enforce any provision of these General Terms and Conditions of Sale shall not be construed as a waiver of the right to enforce it subsequently.
19. Final provisions
If any clause of these General Terms and Conditions of Sale were to be declared null or unenforceable, the remaining clauses would retain their full validity.