Scope of application
The following Terms and Conditions govern the contractual relationship between MediService AG (hereinafter referred to as “MediService”) and its customers. Where the masculine form has been used in this text to make it easier to read, it refers to both genders.
MediService is a public pharmacy and has cantonal approval to dispatch medicinal products throughout Switzerland. By concluding a contract (e.g. by MediService accepting the prescription sent as an order), the customer explicitly accepts the Terms and Conditions of MediService as part of the contract. We reserve the right to amend the Terms and Conditions at any time.
MediService supplies medicinal products, medical devices and medical aids that are approved in Switzerland. All medicinal products (including non-prescription products) can only be supplied on presentation of a doctor’s prescription.
By sending an original prescription to MediService, you initiate an order and delivery of the products. Please let us know explicitly if you do not yet wish to initiate an order for the prescription you sent us. An original prescription from a doctor authorised to practise in Switzerland must be submitted. For repeat prescriptions, follow-up orders can be made in writing, by telephone or in a password-protected customer account.
Qualified pharmaceutical assistants and pharmacists check your prescription and ensure that you receive your products in perfect condition and that you are looked after professionally. If anything is unclear, we will contact you or the prescribing doctor.
We send your products by registered delivery with Swiss Post using the priority service and with a free second delivery. Delivery is free of charge and in neutral packaging to the address of your choice in Switzerland.
Delivery is usually made within the delivery period chosen by you. If we arrange express delivery at your request, we reserve the right to charge you for a contribution towards the postage.
It is possible that individual products in your order are temporarily unavailable from the manufacturer. In this case, partial deliveries may also be made. Delays in delivery may occur due to lack of product availability, overload at Swiss Post and other unforeseeable events.
In the case of repeat prescriptions, we will initially send you medicinal products for 3 months, unless otherwise stated by your doctor or by you. Pharmacists reserve the right to limit the desired quantity if quantities are purchased beyond prescription requirements, and for special medicinal products; the same applies if this is required for reasons of drug safety.
Chilled consignments, such as insulin, are not shipped over weekends or public holidays; delivery usually takes place from Tuesday to Friday.
We deliver your products at the prices valid on the shipping date including VAT. We do not charge standard pharmacy fees. MediService reserves the right to offer products at discounted prices or at more favourable special prices.
We define medicinal products as original products and generic medication in accordance with the definition of the Federal Office of Public Health (FOPH).
We reserve the right to make changes at any time.
We invoice all products covered by basic and supplementary insurance directly to your health insurance company provided we have your correct insurance details.
We will invoice you directly for products that are not reimbursed by your health insurance company and you need to pay within 30 days. If you are insured with a health insurance company that uses indirect claim settlement (tiers garant), you will also receive an invoice that you need to pay within 30 days. We reserve the right to deliver goods against advance payment or cash on delivery. If you do not pay your invoice by the specified deadline, we will charge CHF 5 for each reminder, starting with the first reminder. We also reserve the right to charge interest on arrears within the statutory framework, payable from the due date.
Complaints and returns
MediService guarantees that the products are properly stored and delivered in their original packaging with a valid expiry date. If the goods are defective, MediService will provide a replacement in accordance with the following provisions: The customer must check the delivery for completeness and any defects immediately upon receipt. Complaints (i.e. notification of defective delivery, e.g. received too little, damage etc.) must be made in writing or by telephone within 10 working days of the delivery date. Otherwise, the customer acknowledges that the delivery was made in accordance with the contract and that the delivery was in flawless condition.
Please do not return the order to MediService without contacting us first. You have the option of arranging your preferred method of rectifying the defective delivery (e.g. by follow-up delivery, credit note or return) with our Customer Service team.
MediService does not provide a refund for a correct delivery in the following cases:
- incorrect orders by the customer or discontinuation of therapy
- incorrect delivery address due to unreported change of address
- products made to order (e.g. extemporaneous formulations, special products)
- incorrect deliveries of products due to prescription errors by your doctor
- started packs, medication that is no longer in the original packaging, or opened packs
MediService takes back old medication (i.e. medication not returned as part of the complaints procedure) in order to dispose of it free of charge. Please contact our Customer Service team before returning any medication. A refund of the price of the medicinal product is excluded.
All the data we need for your delivery, for managing your patient file and for invoicing you or your health insurance company are stored electronically. The data will be processed in compliance with the statutory provisions on data protection and will only be used for the purposes of the contractual relationship.
If you provide us with your email address, you also and automatically agree to the use of your e-mail address by us for the purpose of sending information (e.g. newsletters) unless otherwise stated. You can withdraw your consent to the use of your email address for marketing purposes at any time.
Exclusion of liability
With the exception of liability for intent and gross negligence, MediService excludes all liability to the extent permitted.
Jurisdiction and applicable law
Swiss law shall apply exclusively to all legal transactions between MediService and its customers. The ordinary courts at the registered office of MediService shall have jurisdiction.
Last updated: May 2020