Terms & Conditions

Terms & Conditions

1. Scope of application

1.1 The present general terms and conditions (hereinafter “GTC”) apply to all legal transactions made through the Movora Online store www.eustore.movora.com (hereinafter “Online Store”) or KYON Website www.kyon.ch (hereinafter “Website”).
Both channels are operated by KYON AG (hereinafter: “KYON”) a company limited by shares with its registered office in CH-8005 Zurich, Hardturmstrasse 103 (CHE 100.420.064). The GTC form an integral part of the individual contract (hereinafter: “Contract”) between KYON and the Customer. Deviations from these GTC are only valid if they are explicitly agreed in the specific Contract between KYON and the Customer.

1.2 Any General Terms and Conditions of the Customer are expressly excluded.

2. Offer and conclusion of the Contract

2.1 Unless otherwise expressly agreed, all offers made by KYON (e.g. content of the Website, Online Store, delivery of documents) are subject to change and non-binding.

2.2 Goods and services can be ordered by email, telephone and online.

2.3 The binding offer is in any case made by the Customer who remains bound by it for a period of 30 days. KYON accepts the Customer’s offer by sending an order-confirmation e-Mail and/or by delivering the respective goods (conclusion of the Contract). The contractual object is therefore specified in the written confirmation by KYON.

3. Delivery of products

3.1 Unless otherwise agreed, the delivery period stated by KYON in the order confirmation is not binding. If this approximate delivery period cannot be met by KYON, the Customer has the right to cancel his order in writing and to terminate the Contract 30 days after the expiry of the same approximate delivery period.

3.2 If a binding delivery date has been expressly agreed between the parties in the Contract, the deadline is met by KYON as soon as the delivery has been handed over for transport and/or the readiness for dispatch has been established and communicated.

3.3 If KYON is not able to deliver the entire order at the same time, it shall be entitled to make partial deliveries and services. The additional postage costs will be borne by KYON.

4. Prices

4.1 Goods and services will be invoiced at the prevailing price at the date of the conclusion of the Contract. However, KYON reserves the right to make price changes. If such a price change takes place after receipt of the Customer’s binding offer and is communicated for example in the order confirmation, this shall constitute a rejection of the Customer’s binding offer and the submission of a binding counter-offer, which would have to be accepted by the Customer.

4.2 All prices called up by KYON are net prices in the respective currency. Value added tax is owed additionally. Further additional costs such as shipping costs, packaging costs, surcharge for small quantities and services will be charged additionally and are to be paid by the Customer. All additional costs will be shown separately on the invoice.

5. Terms of payment

5.1 Customers of KYON are supplied exclusively on account and / or against advance payment. Invoices are payable within 30 days from the date of invoice. If the payment deadline is not met, default interest of 5% will be charged. Additional reminder fees of CHF 20 will be charged per reminder.

5.2 The Customer is generally not entitled to withhold payments to KYON and to raise the defense of set-off in the event of alleged counterclaims, provided that such counterclaims have neither been expressly recognized by KYON nor have been established by a court.

5.3 If an amount of an invoice is not accepted by the Customer, he is obliged to pay the undisputed invoice amount and specify the reason of non-payment within 30 days.

5.4 In case of imminent insolvency and/or significant deterioration of the financial circumstances of the Customer, KYON shall be entitled to demand further securities from the Customer.

6. Transfer of ownership

The goods delivered to the Customer remain the property of KYON until complete payment of the invoice.

7. Warranty Disclaimer

This site and the materials and products on the website and online store are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, KYON disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. KYON does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. KYON does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

8. Returns & Product Warranty

8.1. Goods can be returned according to the Return Policy (www.kyon.ch/return/).

8.2 The delivery note or the corresponding invoice shall be deemed to be the warranty certificate for the Customer and must therefore be kept carefully.

8.3 The Customer has to check the goods delivered by KYON within 48 hours, for correctness, completeness and external intactness (especially the intactness of the original packaging). KYON must be notified immediately of any external damage or loss of the delivered goods in order to secure and assert any claims for damages. The notification of such losses and/or damages must be made within two business days. The Customer is obliged to keep the original packaging of the damaged goods until KYON informs him in writing about the further procedure.

8.4 If the Customer does not report back to KYON within the time limit according to clause 8.3, the delivery is considered accepted. The right to assert claims for hidden defects is reserved.

8.5 In the first instance, the Customer shall only have the right to replacement delivery or, at the discretion of KYON, the right to rectification of defects. This repair/replacement warranty applies only on non-perishable instruments and not for perishable instruments (e.g. saw blades, drill bits, etc.). If a replacement delivery is not possible, or if a repair has failed twice, the Customer has the right to either demand a reduction in price or to withdraw from the Contract.

8.6 If the delivered products are defective, the Customer has to fill in a complaint handling form (www.kyon.ch/feedback-form/) before returning the product. If the complaint is justified, KYON will send a return authorization to the Customer.

8.7 All KYON products are for veterinary use only. The Warranty is only valid for licensed veterinary medical professionals and practices that originally purchased the product.

8.8 The Warranty is only valid for practices that took a KYON training and remained current with their training.

8.9 In general, we offer a 2-years warranty against mechanical failure in material and workmanship.

8.10 KYON provides a life-long warranty on the Zurich Cementless Total Hip Replacement (THR) system against any mechanical failures.

8.11 Each warranty claim will be reviewed by a specialist selected by KYON or the respective manufacturer of the product to validate that the reason for the failure was due to a mechanical failure. The case will need to be submitted by the surgeon of record through www.kyon.ch/feedback-form/ including all required information, as well as proper pre- and post-operative radiographs. Incomplete submissions will not be processed or reviewed.

8.12 The warranty will not be honored, if one of the following applies: obvious surgical error, cases where infection has occurred, or unsuitable implants for the body weight and size of the patient, when used in combination with competitor devices. Additionally, the warranty will not be honored if failure has occurred through an unforeseen accident, like a major trauma, or lack of owner compliance.

8.13 If the case is accepted as a warranty case, KYON will provide revision implants free of charge (implants bought from KYON only). KYON will not pay for implants invoiced through the clinic and KYON will not reimburse competitive products.

8.14 Specifically for THR warranty cases, KYON could provide reimbursement for the basic surgery costs (e.g. disposables, radiographs, anesthesia, medication but excluding the surgeon’s fee). If plating the femur is recommended as part of the THR revision, a suitably sized plate and screws will be provided.

8.15 Warranty claims must be submitted by the operating surgeon and not the pet owners.

9 Other services

9.1 KYON offers certain consulting services in connection with the products it supplies. The Customer acknowledges and expressly agrees that KYON provides exclusively a supportive product consultation, but in no case a medical consultation, regardless of the context in which this consultation takes place. KYON assumes no responsibility and no liability for the completeness and accuracy of any such advice. The responsibility for the correct use of the products lies with the medical staff of the Customer using the products.
9.2 The details of any such advice and the costs thereof shall be set out in the specific Contract.

10 Liability

10.1 KYON is generally only liable for claims for damages which are due to an unlawful intent or grossly negligent breach of KYON’s Contractual obligations. Liability for minor negligence is excluded, as far as legally permissible. The same applies to the liability of employees, third parties involved, vicarious agents and Subcontractors.

10.2 In the case of damages resulting from injury to life, body and health of a person, liability shall be governed by the statutory provisions of the product liability legislation.

10.3 Liability for incorrect use of the products (especially use against the instructions of use of the Contractual products) and / or use contrary to the Contract (own-fault or third-party fault of the Customer or his employees, third parties called in by him, Subcontractors and vicarious agents) is excluded within the scope of legal admissibility. The responsibility for the correct use of the products lies with the medical staff of the Customer using the products. KYON is not responsible for the surgical outcome.

10.4 KYON shall neither be liable to the Customer nor be deemed to be in breach of the Contract (delay in delivery, failure to perform, etc.) if the delay or failure is due to force majeure and / or any cause beyond KYON’s control.

10.5 In no case, KYON shall be liable for any indirect, incidental, consequential damage and / or any loss of profit.

11. Confidentiality

The Customer undertakes to keep information about KYON and Movora (business, operational and technical information, trade secrets, etc.). This also applies beyond the Contract and for as long as and insofar as the information is not publicly disclosed by KYON or in any other sense. In case of doubt, information is considered confidential. KYON may release the Customer from the obligation of secrecy in writing.

12. Intellectual property

All Intellectual property rights (in particular: patents, designs, trademarks, copyrights) and related rights as well as the prospective entitlement to such rights) pertaining of the results of the Contractual object lie in full with KYON and / or its licensors. With the conclusion of a Contract with KYON, no ownership rights, interest or title in the intellectual property of KYON is granted or conveyed.

13. Data protection

KYON complies with the provisions of the applicable data protection legislation. The Privacy Policy of KYON AG applies.

14. Final provisions

14.1. KYON reserves the right to change these General Terms and Conditions at any time. In each case, the version in force at the time of the concrete order is decisive.

14.2. The Customer shall neither assign nor pledge any of his rights and obligations from the Contract concluded with KYON to third parties without the prior written consent of KYON.

14.3. Should any provision of these GTC prove to be invalid, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid provision with a provision that most closely approximates the invalid provision in economic terms.

14.4. In the event of discrepancies, the terms of the Contract shall prevail over the GTC.

14.5. Subsequent amendments and additions to the Contract require the written consent of both parties.

15. Place of jurisdiction applicable law

15.1. Swiss law shall be exclusively applicable. The provisions of the United Nations Convention on the International Sale of Goods of 11 April 1980 (Vienna Sales Conventions) shall not apply.

5.2. Place of jurisdiction is Zurich (Switzerland). KYON is entitled to take action against the Customer at his place of business.

This document was last updated on August 24th, 2021.