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Art. 7 Distance sales
1 Devices offered in Switzerland by means of an information society service – specifically an online service – that fulfil the conditions set out in paragraph 4 must comply with this Ordinance.21 1bisDevices offered to users in Switzerland online or via some other form of distance sales are considered to be made available on the market.22 2 Similarly, devices that are not placed on the market but are used in the context of a commercial activity, whether in return for payment or free of charge, for the provision of a diagnostic or therapeutic service offered by means of information society services or by other means of communication must also comply with this Ordinance. 3 Upon request by Swissmedic, any natural or legal person offering a device in accordance with paragraph 1 or providing diagnostic or therapeutic services in accordance with paragraph 2 must provide a copy of the declaration of conformity.23 4 A device is deemed to be supplied via an information society service if that service:
5 ...24 21 Amended by Annex 5 No 1 of the O of 4 May 2022 on In Vitro Diagnostic Medical Devices, in force since 26 May 2022 (AS 2022 291). 22 Inserted by Annex 5 No 1 of the O of 4 May 2022 on In Vitro Diagnostic Medical Devices, in force since 26 May 2022 (AS 2022 291). 23 Amended by Annex 5 No 1 of the O of 4 May 2022 on In Vitro Diagnostic Medical Devices, in force since 26 May 2022 (AS 2022 291). 24 Repealed by Annex 5 No 1 of the O of 4 May 2022 on In Vitro Diagnostic Medical Devices, with effect from 26 May 2022 (AS 2022 291). |