General Provisions

The owner and administrator of the website www.neoyou.ch (hereinafter referred to as the “Website”), as well as the controller of personal data, is MJ Medical AG, located at Zolliker Strasse 24, 8702 Zollikon (hereinafter referred to as the “Seller”), correspondence address Zolliker Strasse 24, 8702 Zollikon, email address – info@neoyou.ch.

These purchase and sale terms of the Website (hereinafter referred to as the “Terms”), together with the documents referenced herein, are intended to provide information to the customer (hereinafter referred to as the “Buyer”) regarding the Seller and to inform the Buyer, who intends to purchase goods or services via the Website, about the Seller’s purchase and sale conditions. These Terms govern the conclusion of all agreements between the Seller and the Buyer and establish the rights, obligations, and liabilities of both the Buyer and the Seller when the Buyer purchases goods and services through the Website.

By using the Website and/or its services in any way or form (whether by registering on the Website or making a purchase without registration), the Buyer assumes full responsibility and irrevocably agrees to comply with all requirements set out in these Terms. Prior to placing any order for goods or services on the Website, the Buyer is encouraged to carefully read these Terms and ensure their full understanding. The Seller highlights that the Buyer must agree to these Terms and familiarize themselves with the Privacy Policy before completing an order. If the Buyer refuses to do so, the completion of the order will not be possible.

The Seller reserves the right to unilaterally amend, modify, or supplement these Terms at any time in compliance with legal requirements. Any amendments or supplements to the Terms will take effect upon their publication on the Website. The Terms in effect at the time of order submission will apply to the Buyer when shopping on the Website.

The Seller shall not be liable for any damages incurred by the Buyer due to non-compliance or improper compliance with the conditions set forth in these Terms.

Visitor Registration and Conclusion of Purchase-Sale Contract

The Buyer can fully use the Website and services only after providing all necessary personal data required for purchasing goods or services, filling in all mandatory registration fields (such as name, surname, address, email address, phone number), and optionally filling in non-mandatory fields. By doing so, the Buyer provides their data to the Seller to properly fulfill the Buyer’s order and/or provide other services.

The following entities are eligible to purchase goods and services on the Website:

• Legally capable individuals, i.e., persons of legal age whose legal capacity is not restricted by court order;
• Minors over the age of 16. Please note that certain goods and services may only be accessed by minors under 18 years old with the consent of their parents or guardians. However, not all procedures are available to minors. Before purchasing, please contact the Seller to confirm service availability;
• Legal entities;
• Authorized representatives of the above-mentioned individuals or entities.

By accepting these Terms, the Seller also confirms that, in accordance with section 2.2 of these Terms, the Buyer has the legal right to make payments for goods or services on this Website.

The contract between the Buyer and the Seller is deemed concluded when the Buyer, having selected the goods or services to be purchased, created a shopping cart, chosen a payment method, and reviewed the Terms, clicks the “Pay” button and proceeds with payment, or selects a payment method. This contract remains valid until the complete fulfillment of the obligations of both the Buyer and the Seller as stipulated by these Terms.

Protection of Personal Data

The Seller processes the Buyer’s personal data in accordance with the Privacy Policy. As the Privacy Policy includes key provisions related to these Terms, the Seller recommends that the Buyer carefully read and understand the Privacy Policy, ensuring that all its provisions are acceptable.

The Buyer is responsible for the accuracy of the personal data they provide to the Seller. If the Buyer’s data changes, the Buyer is obliged to immediately update their information in their Website account.

Buyer’s Rights and Obligations

The Buyer has the right to purchase goods and services on the Website in accordance with these Terms and other policies established by the Website, and must comply with the applicable Swiss laws during the purchase process.

If the Seller has not yet commenced providing the services, the Buyer has the right to withdraw from the contract by notifying the Seller in writing within 14 calendar days from the date of purchase.

The Buyer has the right to stop using the Website at any time by deactivating it.

The Buyer agrees to pay the agreed-upon price for the goods or services ordered on the Website. Goods or services are considered paid when the Buyer receives an email confirmation of payment.

Services purchased by the Buyer can only be used by one individual. For instance, if a procedure package is purchased at a discount for a larger quantity, only one person can utilize the procedures. The services cannot be shared or exchanged unless otherwise agreed upon between the Buyer and Seller.

Before receiving services, the Buyer must provide the Seller with all known information regarding their health condition, any allergic reactions, and medications that may affect the provision of the services.

Seller’s Rights and Obligations

The Seller commits to providing the necessary conditions for the Buyer to properly use the services offered by the Website and to receive quality goods and services.

If the Buyer attempts to compromise the stability and security of the Website or violates any provisions of these or other rules specified on the Website, the Seller has the right to immediately, without prior notice, restrict or suspend the Buyer’s access to the Website or completely terminate the Buyer’s registration.

The Seller reserves the right to establish a minimum basket size for goods or services, i.e., a minimum monetary amount below which the Buyer’s order will not be processed.

The Seller commits to providing additional information about the goods or services sold upon the Buyer’s request.

Under certain conditions, the Seller may temporarily or permanently suspend the operation of the Website without prior notice to the Buyer.

The Seller has the right to cancel the Buyer’s order or pre-registration if the Buyer fails to pay for the goods within 2 (two) business days.

Purchasing Goods and Services on the Website, Pricing, and Payment Procedure

The Buyer can pay for all goods available on the Website and for services provided by the Seller 24 hours a day, 7 (seven) days a week. If the Buyer requires a VAT invoice, it can be requested within 2 business days from the payment made online or at the Seller’s physical location. If more than 2 business days have passed, no invoice will be issued.

All taxes are included in the price of goods or services.

Each time the Buyer places an order, they confirm their agreement with the currently applicable rules.

Upon receipt of the Buyer’s order, a confirmation email will be sent to the email address provided by the Buyer. If a non-confirmation email is sent, it indicates that the order was incorrectly filled or payment was not completed.

The Seller confirms the Buyer’s order within 24 business hours of receiving it. Business hours are counted from Monday to Friday, 8:00 AM to 8:00 PM.

The Buyer is obligated to verify that all personal data provided is correct. If discrepancies are found, the Buyer must correct the data before confirming the order.

The Buyer can settle payments for purchased goods or services using:

• A bank transfer in advance – where the Buyer, after printing the order and visiting the nearest bank branch, transfers the money to the Seller’s bank account. When paying via bank transfer, the Buyer commits to settling the payment within 24 hours from receiving the order confirmation from the Seller. If not settled within 24 hours, the Seller has the right to cancel the order without prior notice after the subsequent 48 hours.
• Cash, by pre-arranging and visiting the Seller’s location within the agreed term.
• Using an online banking system – when the prepayment is made using the online banking system signed up for by the Buyer. To use this payment method, the Buyer must have an electronic banking agreement in place.

The Buyer who chooses payment via advance bank transfer commits to paying the full amount immediately because the reservation is confirmed only upon receipt of payment for the goods or services.

When purchasing goods or service packages using the Seller’s special offers and receiving discounts on selected procedures, special offers, and applicable discounts are valid only on the condition that the Buyer uses the entire purchased service package. If the Buyer decides to cancel the service package and requests a refund for unused procedures, any discount applied at the time of purchase to the price per procedure becomes invalid, and the discount granted until the refund will be deducted from the refunded amount.

The standard usage term for service packages is 3 (three) years. The Seller reserves the right to specify a different term for the use of service packages in individual cases. The Buyer, in cases specified by the Seller, has the right to use the amounts paid for the service package for the purchase of other services.

Upon the expiration of the service package, services are no longer provided and money is not refunded.

Provision of Goods and Services and Quality Guarantee

The characteristics of each product or service sold on the Website are generally described next to each item.

The Seller is not responsible for the inability to provide certain services due to the individual physiological and/or health characteristics of the Buyer. Such issues are to be discussed during live consultations with the Seller’s specialists. Services may be denied if, prior to the commencement of service provision, it is determined that due to individual physiological and/or health features, services cannot be rendered to the Buyer. In such cases, the Buyer may choose other services offered by the Seller or request a refund.

If obtaining the Buyer’s consents as required by law is necessary before providing services, services shall commence only after obtaining these consents and explaining their implications and consequences.

The Seller has the right to request a reservation fee from the Buyer, which will be deducted from the service price during the visit. If the Buyer fails to arrive for the service at the scheduled and pre-booked time without notifying at least 2 (two) business days before the planned visit date, the reservation fee is non-refundable and non-transferable. If the Buyer has already paid for the services in advance, a reservation fee of 30 EUR will be deducted for not showing up for the scheduled visit and failing to notify at least 2 business days before the planned visit. The Buyer understands that the reservation fee is considered as minimal non-compensable losses incurred by the Seller due to the Buyer’s failure to inform or delay in informing about the non-arrival.

The Seller commits to refunding the price paid by the Buyer for goods or services, or to replacing, repairing the product or otherwise rectifying defects in goods or services, when the product or service does not meet the conditions or requirements specified in the warranty document or advertisement presented at the time of or before entering into the contract, which are unrelated to the product or service’s conformity to the contract.

Returns and Exchanges of Goods or Services

Defects in sold goods are rectified, and non-conforming goods are exchanged and returned in accordance with the Swiss law. If the Buyer wishes to file a claim regarding non-conforming goods or services, this can be done via the email specified in these Terms.

The Buyer has the right, without stating reasons, to withdraw from the contract concluded remotely and to return the received (withdrawn) goods within 14 days from the date of ordering the services on the Website or receiving the goods. This provision means that the Buyer, during the mentioned period, having changed their mind or for other reasons decided to withdraw from the goods or services, has the right to notify the Seller in writing of their intention to withdraw from the contract and to return the goods to the Seller and recover the money paid for the services. The costs of returning the goods shall be borne by the Buyer. If the Buyer had already reserved a visit time within the period mentioned and did not cancel within the term set out in section 7.4, the Seller deducts the reservation fee specified in section 7.4 from the refundable amount.

If the Buyer returns goods due to quality defects, the Seller commits to fully refunding the price paid for the non-conforming goods and reimbursing the delivery and return costs. If only part of the goods is returned, delivery costs are refunded only if, for the remaining goods of the same order, a lower rate would have been applied if purchased alone, and only to the extent of the difference in those rates. If another method of return different from the one suggested by the Seller is chosen, resulting in disproportionate or higher expenses, the Seller is not obligated to cover such costs of returning the goods.

When returning goods, it is necessary to comply with the following conditions:

• The returned goods must be in their original and tidy packaging.
• The goods must be undamaged.
• The goods must be unused and not have lost their commercial appearance (intact labels, unpeeled protective films, etc.) (Note: this point does not apply when returning non-conforming goods).
• The returned goods must be of the same set as received by the Buyer.
• When returning goods, it is necessary to provide the purchase document.

The Seller has the right not to accept the goods returned by the Buyer if the Buyer does not comply with the order set out in these rules for returning and exchanging goods.

Returned goods can be delivered by the Buyer personally or through the Seller’s courier. When the wrong or non-conforming goods are returned, the Seller commits to retrieving such goods and replacing them with suitable or conforming ones.

In the event that the Seller has no suitable goods for replacement, the amount paid by the Buyer is refunded, excluding the delivery cost. Money for returned goods is always transferred only to the Buyer’s bank account.

Buyer and Seller Responsibilities

The Buyer is entirely responsible for the accuracy of their provided data. If the Buyer fails to provide accurate personal information when registering on the Website, the Seller is not liable for any resulting consequences and has the right to claim compensation for direct losses incurred.

The Buyer is responsible for actions taken while using the online website www.neoyou.ch.

The Seller is released from any liability in cases where the Buyer incurs losses because, despite the Seller’s recommendations and obligations, the Buyer failed to familiarize themselves with these Rules, even though they had the opportunity to do so.

The parties agree that in case of liability arising from one of the parties, the party at fault shall compensate the other party for direct losses.

The Seller may refuse to provide services if the Buyer dishonestly acquired services, for example, by using a one-time coupon multiple times by changing their email address, phone number, name, or surname.

Marketing and Information

The Seller may initiate various promotions on the online Website www.neoyou.ch at its discretion.

The Seller has the right to unilaterally, without separate warning, change or terminate the conditions of promotions. Nevertheless, the obligations arising between the Seller and the Buyer during the sale of goods remain despite the termination of promotions.

The Seller sends all notices using the contact methods provided in the Buyer’s registration form.

The Buyer sends all notices and questions to the Seller using the email addresses and phone numbers specified in the “Contacts” section on the Seller’s Website.

The Seller is not responsible if the Buyer does not receive sent informational or confirmation messages due to disruptions in internet connections, email services, or telephone network providers. The term “in writing” used in these Rules includes electronic emails.

The Seller provides goods only for domestic and personal use. The Buyer commits not to use the purchased goods for commercial, business, or resale purposes, and the Seller is not liable for any profit lost by the Buyer, business losses, disruption of activities, or losses due to lost business opportunities.

If the Seller’s Website includes links to websites of other companies, institutions, organizations, or individuals, the Seller is not responsible for the information or activities carried out on these websites, does not supervise, control, or represent them.

The Seller is not responsible for information presented on other companies’ websites, even if the Buyer accesses these websites through links found in the Seller’s online store, except when such information on these websites pertains to the goods sold by the Seller and their properties. In this case, the Seller is responsible for providing necessary, comprehensive, correct, and non-misleading information about the offered goods.

Final Provisions

These Website Rules are formulated in accordance with the Swiss law. The Buyer has certain rights related to goods of inadequate quality. No provision of these Rules should be interpreted as restricting or limiting the use of such rights.

The relationships provided for in these Rules are governed by the Swiss law.

All disputes arising from the execution of these Rules are settled by negotiation. If an agreement is not reached, disputes are resolved in accordance with the Swiss law.

Requests or complaints regarding goods or services purchased from the Seller may be submitted on the electronic consumer dispute resolution platform at http://ec.europa.eu/odr/.