Terms & Conditions

1. Seller and contact details

These Terms and Conditions apply to products sold through www.hydration-h2.com by:

Medical Cryo Race Club (MCRC) AG
Heinrichstrasse 215
8005 Zürich
Switzerland

Email: contact@hydration-h2.com
Website: www.hydration-h2.com

Commercial Register No.: CH-020-3053279-5
Legal form: Aktiengesellschaft (AG)
Registered in Zürich, Switzerland
VAT identification number: CHE-403.646.689

In these Terms, "MCRC", "we", "us" and "our" mean Medical Cryo Race Club (MCRC) AG. "Customer" and "you" mean the person or business placing an order.

2. Scope

These Terms apply to the sale and delivery of Hydration-H₂ products by MCRC to consumers and business customers.

A consumer is an individual purchasing mainly for personal use. A business customer is a person or organisation purchasing for commercial, professional or institutional purposes.

Any customer terms that differ from these Terms apply only if MCRC accepts them expressly in writing.

3. Product information and intended use

Product descriptions, photographs, specifications and prices on the website are provided to help customers choose a suitable system. Minor non-material variations in colour, finish, packaging or technical presentation may occur.

Hydration-H₂ systems are wellness products and are not presented as a substitute for medical diagnosis, advice or treatment. Customers must read and follow the user manual and safety instructions before use. Where appropriate, customers should seek advice from a qualified healthcare professional before use.

4. Prices, currencies and taxes

Website prices may be displayed in different currencies according to the customer's location or selected currency. Unless expressly stated otherwise, prices displayed to consumers include applicable VAT or sales tax where this is calculated by the website. Any currency conversion shown on the website may be updated before the invoice is issued.

A displayed price does not include destination-country import VAT, customs duties or clearance charges unless the price or invoice expressly states that these are included.

Before payment, the invoice or pro forma invoice will confirm the final price, currency, included taxes and delivery destination. Unless expressly stated otherwise, the contractual delivery term is DAP. The confirmed invoice amount, rather than an automatically localised website display, governs the individual order.

5. Order process and conclusion of contract

Submitting the website order form is a request to purchase and does not by itself create a binding contract.

After reviewing the request, MCRC sends the customer an invoice or pro forma invoice with the product, final currency and price, tax treatment, delivery destination, delivery term and payment instructions. The customer accepts the proposed order by paying the invoice in full within the stated payment period.

The purchase contract is concluded when: (1) MCRC has received full payment; and (2) MCRC sends the customer a written order confirmation.

MCRC may decline an order before sending the order confirmation, including where a product is unavailable, delivery is not possible, the price or product information contained an evident error, or legal or regulatory restrictions prevent the sale. Any payment already received for a declined order will be refunded promptly.

6. Payment

Payment must be made by the method and within the period shown on the invoice. The customer is responsible for bank, currency-conversion and transfer charges unless the invoice states otherwise.

MCRC is not required to reserve, dispatch or deliver a product until cleared payment has been received.

7. Delivery time

The usual estimated delivery time is two to five weeks after receipt of payment and written order confirmation. This is an estimate, not a guaranteed delivery date.

Delivery may take longer during the Christmas and New Year period or because of stock availability, production schedules, carrier disruption, customs clearance, destination-country requirements or events outside MCRC's reasonable control. MCRC will inform the customer of a material known delay.

If a delivery deadline is essential, it must be expressly agreed by MCRC in writing before payment.

8. Shipping, customs and delivery term

Unless the invoice or order confirmation expressly states otherwise, delivery is DAP — Delivered at Place (Incoterms® 2020) to the named destination.

Under DAP delivery: MCRC arranges transport to the named destination; the product is delivered ready for unloading; and the customer is responsible for unloading, import clearance, import VAT, customs duties, brokerage or clearance fees, permits and other destination-country charges.

The customer must provide a complete and accurate delivery address, telephone number and any information reasonably required for customs or delivery. Additional costs caused by incorrect information, failed delivery or refusal to complete import formalities may be charged to the customer.

9. Inspection on delivery

Customers should inspect the outer packaging and product promptly after delivery. Visible transport damage should be noted with the carrier, photographed and reported to service@hydration-h2.com as soon as reasonably possible.

Business customers must report visible defects or delivery discrepancies in writing within five business days of delivery and hidden defects within five business days of discovery.

10. Cancellation and withdrawal

Swiss law does not provide a general statutory right to return or exchange goods bought online merely because the customer changes their mind. Accordingly, MCRC does not offer a general change-of-mind cancellation or withdrawal right after the contract has been concluded, unless MCRC agrees otherwise in writing.

This clause does not restrict any mandatory cancellation or withdrawal right that applies to a consumer under the law of the consumer's country of residence and cannot validly be excluded by a choice of Swiss law.

11. Consumer warranty

For purchases by consumers, MCRC provides a two-year warranty from the date of delivery for material or manufacturing defects that make the product non-conforming at delivery.

For a valid warranty claim, MCRC will provide repair or replacement in accordance with applicable law. If repair or replacement is impossible, disproportionate, unsuccessful or not completed within a reasonable time, the consumer may have further remedies under applicable mandatory law.

12. Business warranty

For purchases by business customers, MCRC provides a one-year warranty from the date of delivery covering defects in materials or workmanship affecting the device unit.

For a valid business warranty claim, MCRC may choose to repair the product or replace the defective product or component. To the extent permitted by law, these are the business customer's exclusive remedies under this warranty.

13. Warranty exclusions

The warranty does not cover: normal wear and tear; cosmetic damage that does not affect operation; consumables, accessories and wear parts, including nasal cannulas, resin filters, humidification bottles, air ducts, drain pipes, earphones, goggles, dissolving rods and power cords; damage caused by accident, improper transport after delivery, misuse, neglect or use outside the stated operating conditions; failure to follow the user manual, maintenance schedule or safety instructions, including the use of water other than purified or distilled water; incompatible or unapproved supplies, accessories or replacement parts; or unauthorised opening, modification or repair.

14. Warranty claims, service and repairs

Warranty and service requests should be sent to service@hydration-h2.com and should include: the customer's name and contact details; model and serial number, where available; invoice or order number; a clear description of the issue; and photographs or video where reasonably requested.

The product must not be returned without return instructions or authorisation from MCRC. Approved service returns must be sent to: Medical Cryo Race Club (MCRC) AG, Heinrichstrasse 215, 8005 Zürich, Switzerland.

15. Customer responsibilities

The customer must use, maintain and store the product in accordance with the user manual and safety instructions. Only purified or distilled water may be used.

16. Liability

MCRC does not exclude or limit liability where doing so would be unlawful, including liability for intentional misconduct or gross negligence, death or personal injury caused by MCRC, mandatory product liability, or another liability that cannot lawfully be excluded.

Subject to the preceding paragraph, MCRC is liable for slight negligence only where it breaches an essential contractual obligation. In that case, liability is limited to the loss that was reasonably foreseeable and typical when the contract was concluded.

For business customers, and to the maximum extent permitted by law, MCRC is not liable for indirect or consequential loss, loss of profit, revenue, production, contracts, data, goodwill or anticipated savings.

17. Events outside reasonable control

MCRC is not responsible for delay or failure caused by events outside its reasonable control, including natural events, epidemic restrictions, war, sanctions, government action, transport interruption, customs delay, industrial disputes, power or communications failure, or supplier disruption.

18. Data protection

MCRC processes personal data in accordance with the privacy policy published on www.hydration-h2.com.

19. Applicable law and jurisdiction

These Terms and the contractual relationship are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and, for business customers, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For business customers, the courts at MCRC's registered office in Zürich, Switzerland have exclusive jurisdiction. For consumers, the choice of Swiss law and jurisdiction does not deprive the consumer of mandatory protections or access to courts that cannot lawfully be excluded.

20. Final provisions

If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in effect. MCRC may revise these Terms for future orders. The version supplied or made available to the customer when the contract is concluded applies to that order.