1. Scope of application
a. STORZ MEDICAL AG, Lohstampfestrasse 8, 8274 Tägerwilen (Switzerland), operates the websites www.storzmedical.com, www.eswt.info, www.emtt.info, www.ed-therapy.info, www.tps-neuro.com, www.e-dialogue.ch as well as www.shockwaveportal.com (hereinafter referred to as “websites”) and provides users of these websites with the Internet services available there subject to the following General Terms and Conditions.
c. STORZ MEDICAL AG hereby objects to users´ own terms and conditions of business and/or purchase. Individual agreements remain unaffected by this.
a. The Internet services provided on the website www.storzmedical.com include a specialist medical database on the subject of “extracorporeal shock wave lithotripsy” (hereinafter referred to as “SWL”), which is aimed at a specialist medical audience and cannot replace qualified advice from a doctor. This database is available to all users free of charge.
b. On this database, in which STORZ MEDICAL AG complies medical expert articles on the subject of SWL chronologically, users can submit public comments (“blog function”). Users who participate with comments in the blog function of the database bear full responsibility for the correctness and appropriateness as well as the absence of legal violations of their comments.
c. Comments are published with the name given by the user with the respective database entry. STORZ MEDICAL AG also requests the e-mail address of the user in the context of the publication of a comment in order to contact a user in the event that a third party should raise an objection to the respective comment of the user as being illegal.
d. The comments published on this website are public on the internet, accessible to everyone, can be referenced in search engines and can thus be reproduced and read by third parties.
e. Each user is solely responsible for the content published by the user on this website in accordance with the relevant legal provisions. Comments are not checked by STORZ MEDICAL AG before publication. The STORZ MEDICAL AG reserves its right to delete comments if they are deemed unlawful by third parties. Inadmissible are in particular
i. deception of identity by impersonation of another natural or legal person,
ii. knowingly disseminating untrue information,
iii. he publication of off-topic content or content that does not suit the purpose of the blog,
iv. posting content that contains malware or pornographic elements,
v. advertising other people's brands, products or services,
vi. Insults or abusive criticism towards other users and/or third parties as well as the use of hateful, abusive or vulgar language - also in the form of symbols or other signs,
vii. personal attacks based on race, nationality, ethnic origin, religion, gender, sexual preference, political or philosophical views, trade union membership, occupation, disability or any other difference / diversity whatsoever; and
viii. placing links.
f. STORZ MEDICAL AG is entitled to delete the comments in question in whole or in part without further notice to the user if it becomes aware of content that is illegal or violates these T&C or if such suspicion exists.
g. In addition, STORZ MEDICAL AG reserves the right to temporarily and/or permanently deny access to the database and the associated “blog function” to users who violate these T&C or if such a violation is suspected.
h. STORZ MEDICAL AG reserves the right to modify or deny access to the database, in whole or in part, at any time, temporarily or permanently, with or without prior notice. STORZ MEDICAL AG may change the functionalities of the database at any time or cease to provide it altogether.
3. Marketing materials
a. For marketing actions of registered users of the customer´s portal “Shock Wave Portal” as well of the distributor´s portal “e-Dialogue” for advertising goods and services of STORZ MEDICAL AG, STORZ MEDICAL AG provides visual materials as well as print files for patient information and posters (hereinafter referred to as “marketing materials”).
b. The user is not allowed to modify these marketing materials as well as to draft or use other marketing materials to those provided by STORZ MEDICAL AG for the advertising of goods and services of STORZ MEDICAL AG without the previous authorization from STORZ MEDICAL AG.
c. The advertising of goods and services of STORZ MEDICAL AG is only allowed on the user´s own website, insofar as the user only employs the marketing materials provided or approved by STORZ MEDICAL AG.
4. Copyright and property rights
a. STORZ MEDICAL AG is the owner of all property rights, protective rights and copyrights with regard to its own entries, the database and other own contents of this website.
b. STORZ MEDICAL AG, as the owner of the database, which is made available via www.storzmedical.com, has the exclusive right to reproduce, distribute and publicly display the database as a whole or a substantial part of the database in terms of its nature or scope. Any use of these protected rights not expressly permitted in writing is expressly prohibited.
c. With respect to entries and contents uploaded by users on these websites intended for being accessed by other users, the uploading user retains the property rights, industrial property rights and copyrights. To the extent necessary, the uploading user grants STORZ MEDICAL AG a simple right of use of these contents for the purpose of being accessed by other users on these websites, without STORZ MEDICAL AG thereby making the third-party content its own.
5. Limitation of liability
a. STORZ MEDICAL AG shall be liable in accordance with the statutory provisions for intent and gross negligence on the part of its legal representatives, executive employees or other vicarious agents. The same shall apply in the event of the assumption of guarantees or other strict liability as well as in the event of claims for culpable injury to life, limb or health.
b. STORZ MEDICAL AG shall be liable for ordinary negligent breaches of essential contractual obligations caused by its representatives, executive employees and simple vicarious agents. Essential obligations are those whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance users regularly rely. In this case, STORZ MEDICAL AG shall only be liable for the foreseeable damage typical for the contract. STORZ MEDICAL AG shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences. Further liability by STORZ MEDICAL AG is excluded.
c. Insofar as the liability of STORZ MEDICAL AG is excluded or limited, this shall also apply in favour of the personal liability of its legal representatives, executive employees and ordinary vicarious agents.
a. The user shall indemnify STORZ MEDICAL AG against all claims asserted by other users or other third parties against STORZ MEDICAL AG due to infringement of their rights by entries posted or other contents by the user or due to the user's misuse of this website.
b. The user shall bear the costs of the necessary legal defence of STORZ MEDICAL AG including all court and lawyer's fees in the statutory amount.
c. This shall not apply if the user is not responsible for the infringement of rights.
d. In the event of a claim by a third party, the user is obliged to provide STORZ MEDICAL AG immediately, truthfully and completely with all information required for the examination of the claims and the legal defence.
7. Final provisions
a. Should individual provisions of these T&C be or become void or ineffective in whole or in part, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of provisions of these T&C that are not included or are invalid. If such statutory law is not available in the respective case (loophole) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the non-included or invalid provision with a valid provision that comes as close as possible to it in economic terms.
b. The law of the Swiss Confederation shall apply exclusively, excluding the conflict of laws rules of private international law and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive jurisdiction is Kreutzlingen (Switzerland), insofar as the user is a merchant. STORZ MEDICAL AG is also entitled to sue at the general place of jurisdiction of the user.
c. STORZ MEDICAL AG is neither prepared nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
d. STORZ MEDICAL AG reserves the right to change these websites and these T&C in whole or in part at any time without notice, at its sole discretion.
Important notice for our customers worldwide
Certain equipment or products designed for specific applications may not be registered with the appropriate authorities or agencies in all countries and therefore may not be available in certain countries. Before ordering, using or planning to use a product, the local subsidiary of STORZ MEDICAL should be contacted to verify the availability and approval for use of the product in your country.