General Terms and Conditions

1 About Us and Our Services

1.1 AYUN Schweiz GmbH

We are AYUN Schweiz GmbH ("AYUN," "we," "us") located at Uraniastrasse 18, 8001 Zurich. For any questions or other concerns, you can reach us at hello@ayun.ch.AYUN provides state-of-the-art health centers that offer personalized proactive care to help our guests lead longer, healthier lives. We offer access to cutting-edge technologies, and each center is medically supervised by a specialist. Additionally, we provide a digital backbone to support guests on their health and wellness journey, both at the center and at home. We do not offer primary care services or disease-specific specialist assessments. If a customer feels unwell or if potentially treatable findings are discovered during our preventive medical services, they will be referred to their primary care physician or, in acute situations, to a hospital.

1.2 Our Services

We provide our services through various individual offers (see section 4.4), memberships (the "AYUN Memberships," see section 4.5), and treatment memberships (the "AYUN Treatment Membership," see section 4.6). The scope and prices of our services are available on our website (the "AYUN Website"). The prices indicated at the time of purchase/booking apply.

1.3 Bookings

Bookings can be made online via our AYUN Website, by phone, or directly on-site. The terms of use for the AYUN Website are attached to these General Terms and Conditions ("GTC") and form an integral part thereof.

2 Scope of the GTC

2.1 General

These GTC govern the legal relationship between you and us, subject to individual written agreements, for example, when registering for an appointment or using our services, regardless of whether the service is booked via the AYUN Website, by phone, or directly on-site. The GTC in their current version apply.

2.2 Contracting Parties

You and we are collectively referred to as the "Parties" and individually as a "Party."AYUN may cooperate with other companies to provide its services. These companies act as fulfillment agents for AYUN and operate on behalf of and for the account of AYUN. This does not affect the contractual relationship between the customer and AYUN.

3 Personal Requirements

3.1 Private Individuals

Our services are intended for private individuals and are available to persons who are at least 18 years old and capable of judgment.

3.2 Exclusion Criteria

Our services are, of course, only available to individuals who are suitable for them. Therefore, a mandatory prerequisite for all analyses and treatments is that there are no contraindications (see particularly the patient information). We also reserve the right to refuse individuals for other reasons.

3.3 Consent

By agreeing to these GTC, you confirm that these requirements are met.

4 Process

4.1 Appointment Booking

You can book appointments through the AYUN Website or by phone. If our capacity allows, you can also visit one of our locations without an appointment and receive an initial consultation ("Walk-in").

4.2 Contract Formation

4.2.1 Offer and Acceptance

All services listed in writing on the website or directly at individual locations are non-binding and constitute an invitation for the customer to make an offer. When the customer places an order via the AYUN Website, it constitutes an offer, and the customer agrees to the applicability of the GTC; the contract between the customer and AYUN is concluded by AYUN's written confirmation of the order. In the case of an on-site booking, the customer is informed of the GTC and agrees to their applicability by signing the booking confirmation. For phone bookings, the customer is sent the content of the services via electronic message with the GTC attached; the contract between the Parties is concluded when the customer explicitly accepts the GTC.

4.3 Changes to the Service Offering

The scope and prices of our services are available on the AYUN Website, and we may introduce new services or change or discontinue existing ones at any time.

4.4 Individual Offers

Our individual offers include analyses (e.g., lab tests and physiological examinations), treatments (e.g., contrast therapy, IV therapies, IHHT altitude training, mild hyperbaric oxygen therapy, and red light therapy), and consultations (e.g., with a doctor, sports scientist, or certified nutritionist).We also offer diagnostic packages (the "AYUN Check-ups") that combine analysis and consultation to provide a medical assessment of your individual health status.

4.5 AYUN Memberships

4.5.1 Services

AYUN Membership includes various services in diagnostics and treatment, depending on the chosen AYUN Membership. Upon signing up for the AYUN Membership, the customer is informed of all included services. Additionally, the AYUN Membership grants access to AYUN's individual treatment offerings for 12 months. The monthly number of treatments available varies depending on the chosen AYUN Membership and may be limited to certain offerings.

4.5.2 Duration

The duration of the AYUN Membership is agreed upon between the Parties at the time of signing. The standard duration is one year, unless explicitly agreed otherwise in writing.

4.5.3 Expiry of Individual Services

If a service entitled to the customer for a specific month, such as a treatment appointment, is not used, it will be carried over to the next month if the membership has not been canceled.

4.5.4 Cancellation by the Customer

The customer has the right to cancel the membership at any time without giving reasons before the end of the agreed duration. In this case, you agree to pay AYUN all expenses incurred up to the orderly termination of the AYUN Membership, but at least 60% of the original price.

4.5.5 Cancellation by AYUN

We are entitled to terminate an AYUN Membership if:

1. Circumstances within the customer's responsibility arise during the course of the membership that would have led to a rejection if they had existed at the beginning;
2. The responsible doctor deems a continuation unreasonable for reasons attributable to you (e.g., failure to follow the doctor's instructions, failure to provide relevant information in the medical history form, etc.);
3. You significantly violate the contract between us. This particularly includes violations of the terms of use of the AYUN Website and the customer's obligations according to sections 5 and 7.

In the case of a), the customer owes AYUN the expenses incurred up to termination. In the cases of b) and c), the customer owes AYUN the full fee for the entire duration of the AYUN Membership.

4.6 AYUN Treatment Membership

4.6.1  Services
‍The AYUN Treatment Membership grants the customer full access to the entire range of treatments. The monthly number of treatments available is agreed upon between the Parties at the time of signing. Upon signing the AYUN Treatment Membership, the customer is informed of all included services.
‍
‍4.6.2  Duration
‍The duration of the AYUN Treatment Membership is agreed upon between the Parties at the time of signing. The standard duration is one year, unless explicitly agreed otherwise in writing. After one year, a renewed, fee-based medical consultation is required to extend the treatment membership and continue accessing treatments at AYUN.
‍
‍4.6.3  Expiry of Individual Services
‍If a service entitled to the customer for a specific month, such as a treatment appointment, is not used, it will be carried over to the next month if the treatment membership has not been canceled.
‍
‍4.6.4  Cancellation by the Customer
‍The customer has the right to cancel the treatment membership at any time without giving reasons before the end of the agreed duration. In this case, you agree to pay AYUN all expenses incurred up to the orderly termination of the AYUN Treatment Membership, but at least 60% of the original price.
‍
‍4.6.5 Cancellation by AYUN
‍We are entitled to terminate an AYUN Treatment Membership if:

1. Circumstances within the customer's responsibility arise during the course of the membership that would have led to a rejection if they had existed at the beginning;
2. The responsible doctor deems a continuation unreasonable for reasons attributable to you (e.g., failure to follow the doctor's instructions, failure to provide relevant information in the medical history form, etc.);
3. You significantly violate the contract between us. This particularly includes violations of the terms of use of the AYUN Website and the customer's obligations according to sections 5 and 7.

In the case of a), the customer owes AYUN the expenses incurred up to termination. In the cases of b) and c), the customer owes AYUN the full fee for the entire duration of the AYUN Treatment Membership.

5 Payment

5.1 Chargeable Services

Chargeable services must be paid in full immediately after the contract is concluded, subject to section 5.4. We reserve the right not to provide our services if the costs are not paid.

5.2 Payment for the AYUN Membership

The payment for the AYUN Membership is due in full upon signing the membership. In case of late payment, the customer is obliged to pay default interest of 5% per annum. If the customer is more than one month in arrears with payment, AYUN reserves the right not to provide any services until full payment is made.

5.3 Payment for the AYUN Treatment Membership

The payment for the AYUN Treatment Membership is due in full upon signing the treatment membership. In case of late payment, the customer is obliged to pay default interest of 5% per annum. If the customer is more than one month in arrears with payment, AYUN reserves the right not to provide any services until full payment is made.

5.4 Fees

You agree to bear any fees or other transaction costs that may be incurred during the transfer.

5.5 Currency

Payments must be made in Swiss Francs (CHF).

5.6 Credit Card Payment

Payments can also be made by credit card. If the customer's credit card expires, the customer is obliged to settle the payment as soon as possible.

6 Cancellation, Rescheduling, Delays, and No-shows

6.1 Cancellation and Rescheduling

6.1.1 Procedure

Please note that if we have agreed on appointments with you, we reserve this time exclusively for you. We understand that unforeseen events may occur, preventing you from attending an appointment or being on time. If such circumstances arise, we ask that you contact us immediately.

6.1.2 Cancellation/Rescheduling by the Customer

You can reschedule or cancel an appointment with us at least 24 hours in advance. In case of later rescheduling or cancellation, we reserve the right to charge a reasonable fee.

6.1.3 Cancellation/Rescheduling by AYUN

It may happen that we need to reschedule an appointment (e.g., due to staff illness). In this case, we will arrange an alternative appointment. We may reschedule your appointment at any time and as often as necessary without compensation.

6.2 Delays and No-shows

6.2.1 Service Entitlements

If you arrive late for the agreed appointment, you are only entitled to services that can still be provided within the agreed time. AYUN will strive to complete the appointment if possible and not lead to disproportionate costs or inconvenience. The decision to carry out the appointment is at AYUN's discretion.

6.2.2 Alternative Appointments

If the agreed appointment cannot be carried out due to your delay or if you do not show up for an appointment, an alternative appointment will be arranged upon request.

6.2.3 Costs

In case of delay or no-show for the agreed appointment, you agree to pay the full price for the booked appointment.

7 Additional Obligations

7.1 Customer

You agree and confirm:

1. To act in good faith and provide truthful information about yourself, your health, and your physical condition;
2. To inform us immediately of any changes in the information about yourself, your health, and your physical condition;
3. To provide us with accurate contact information;
4. To be financially capable of paying for our services when ordered;
5. To promptly notify us of any insolvency occurring during the treatment;
6. To follow our instructions when using our services; and
7. To provide us only with information and documents you are authorized to share and that may be shared with us.

7.2 Breach of Duty

In the event of a breach of these obligations, we are entitled to refuse our services. You also agree to bear the costs incurred by us as a result.

8 Treatment Process and Success

8.1 No Guarantee

We inform you that we cannot guarantee the success of our treatments as each person responds individually.

8.2 Contact

If the treatment does not lead to the desired result and you are not satisfied, we ask you to contact us so we can review your concern.

6.3 Claims

There are no claims such as warranty rights (rectification, reduction, or similar), reimbursement of fees, or damages if a treatment does not achieve the desired result or does not meet your expectations.

9 Patient Information

The patient information provides details on how our analyses and treatments proceed and what risks and side effects may occur. Please read the patient information carefully and ask any questions you may have.

10 Disclaimer

10.1 Risks

You assure us that you are familiar with the communicated risks and side effects of our services and accept them.

10.2 Damages

You agree to fully indemnify us and not make any claims should risks or side effects occur and cause damage to you or a third party. This particularly applies if you do not follow the doctor's instructions before, during, or after an analysis or treatment.

10.3 Slight Negligence

To the extent permitted by law, liability for slight negligence is excluded.

11 Data Protection

In the privacy policy, we inform you how we process and protect your personal data (including your health data). Please read it carefully before signing and ask any questions you may have.

12 Final Provisions

12.1 Completeness

12.1.1 GTC/Terms of use

These GTC, together with the terms of use for the AYUN Website, the documents you sign at the contract conclusion, and the patient information, govern all rights and obligations of the Parties concerning the services provided by us and replace any previous oral or written contracts or agreements.

12.2 Changes and Additions

12.2.1 Order Changes and Additions

Changes, additions, and side agreements to the order require a written agreement between the Parties to be effective, and an exchange by electronic means (e.g., email) is sufficient.

12.2.2 Changes to the GTC

We may change these GTC at any time. We will inform you of the changes in an appropriate manner (e.g., via email). Without your written (e.g., email) objection within one month after being informed, the changes are considered approved. Changes or additions to these GTC at the customer's request require a written agreement between the Parties to be effective (e.g., via email). The current version of these GTC is available on the AYUN Website.

12.3 Waiver of Rights

If one Party fails to fulfill part of the contract and the other Party does not insist on proper fulfillment, this does not waive the right to demand fulfillment of the remaining parts of the contract.

12.4 Severability Clause

Should one or more provisions of the contract, including these GTC, be invalid or ineffective, the remaining provisions remain unaffected. The Parties will replace the invalid or ineffective provisions with those that are valid and effective, best reflect the Parties' original intent, and, if possible, lead to the same economic result.

12.5 Applicable Law and Jurisdiction

12.5.1 Swiss Law

All claims of the Parties in connection with the services provided by us under or in connection with the contract between the Parties, including the GTC, are governed by Swiss law (without applying international treaties or conflict of laws rules that would lead to the application of another law).

12.5.2 Jurisdiction

The Parties choose the state courts in Zurich as the exclusive jurisdiction for disputes.