These general conditions apply to products supplied by Soleil Digital Sàrl on the website wwww.mapdesign.com, (hereinafter: the Supplier).
The purpose of these general terms and conditions of sale (hereinafter referred to as the “GTC”) is to define the limits within which the Supplier provides its products.
The terms and conditions relating to the supply of the products are defined in the following documents:
– the present general conditions of sale;
– the legal mention of the site
– the contract, quotation, equipment order form, or its electronic or telephone equivalent.
1. General information
These GTC apply to all sales and legal relationships during contract negotiations between the Supplier and its Customers. Written derogations acknowledged by the Supplier are reserved.
In particular, any order placed on the site is subject to the Customer’s acceptance of the GTC. By checking this box, the Client confirms full acceptance of these conditions.
They also apply to the “Partners” program.
The invalidity or invalidity of all or part of one or more clauses of these general terms and conditions shall not affect the validity of the latter or of their other provisions.
1.1 Limitation of jurisdiction
The Supplier undertakes to provide a quality product. Despite this, the Supplier is dependent on hardware and software manufacturers.
Offers are valid within the limits of their availability. The supplier reserves the right to refuse an order.
The Supplier’s personnel are subject to the rules of professional secrecy. Information that may be consulted or collected during work ordered by the Client remains confidential. Data backups made by Supplier’s personnel will be deleted once the work is completed at the Customer’s express request. In any case, the Supplier reserves the right to delete the data two (2) years after the end of the contractual relationship with the Customer.
1.3 Data protection
The supplier undertakes to comply with the Swiss Data Protection Act and the European DBMS directives.
1.4 Brochures and documentation
The Supplier’s current catalogues, brochures and prices cannot be considered either as offers or as guarantees of the characteristics or availability of the products. Price changes, model changes or configuration changes remain reserved at any time. The goods are delivered with the sales documentation that the manufacturer has provided for consumer information.
The selling prices published in the online shop include the VAT of the country of manufacture and the packaging costs. Delivery costs are clearly indicated and depend on the customer’s address and any quantities ordered. A surcharge for express orders may be requested.
The Customer may immediately cancel the sales contract if the products and prices presented therein do not correspond to the initial order.
1.6 Promotional codes, gifts and sponsorship
Mapdesign can offer discounts via promotional codes or other systems at its convenience.
These promotions are strictly reserved for a single and personal use.
Mapdesign reserves the right at any time and without notice to discontinue or modify a promotion.
1.7 Partial or total advance payment
Generally speaking, payment is made in advance by credit card or other means of payment offered by the supplier.
In the event of a cancellation of a reservation or order, the Supplier reserves the right to retain this sum in part or in its entirety to cover any costs.
By special agreement, deliveries can be made against or on invoice for partners or for large orders.
In the case of delivery of goods against invoice, net payment is due within 10 days of shipment of the goods.
As soon as payment is due, the Client may be automatically and without formal notice. The Supplier is entitled to charge the Customer usual interest of 5% (Art. 73 OR) from the due date of the invoice. Until full payment has been made, the Supplier shall remain the sole owner of the goods. The Supplier is entitled to have the retention of title agreement entered in the retention of title register.
1.8 Client Responsibilities
The Customer is solely responsible for the consequences of an installation or configuration carried out by himself or by a third party appointed by him, as well as for the backup of his data.
The information provided when ordering is binding on the Customer. If incorrect information prevents a delivery, the Supplier cannot be held liable for it.
2. Delivery of goods and software
2.1 Delivery times
In the event of delay in delivery, the Customer may not claim damages for non-execution or late execution. He may only cancel his order after a delay of two (2) months in relation to the agreed delivery date. The Customer may not assert any other claims.
2.2 Sending and receiving goods
The products can be delivered in France.
The risks of transporting the goods are borne by Mapdesign. Shipping and possible return of goods are at Mapdesign’s expense and risk.
The Supplier offers a legal warranty for the equipment sold.
Any other claims for warranties or damages are excluded, in particular with regard to consequential damages. In the event of defects, the Customer may not claim the right to refuse, delay completely or in part the payment of the purchase price due.
2.3.1 Proof of purchase
A proof of purchase (invoice) including the description and reference of the product must be provided systematically to benefit from the warranty conditions.
2.4 Defects and warranties
The Customer is obliged to check immediately after receipt that the delivered goods are free of defects. Any defects must be notified in writing within eight (8) days of receipt of the goods. After this period the goods will not be returned or exchanged but subject to the legal warranty conditions. In all cases it is imperative that the goods that may be taken back or exchanged be returned in their original condition and only upon presentation of a valid proof of purchase.
The Supplier reserves the right to subcontract the order to one of its partners for reasons of technical competence and/or availability. This does not change the method, prices and conditions of sale.
3. Final clauses
3.1 Intellectual property rights
All elements of the Site are, together with the software codes, the exclusive property of the Supplier.
3.2 Consultation, modification of contractual conditions, notification
These general conditions can be consulted online on the Internet at the following address: www.mapdesign.com/cgv. It is the Client’s responsibility to consult them.
The online general conditions prevail over the printed conditions.
These general terms and conditions may be repealed or amended by the Supplier. The version at the time of ordering is decisive.
3.3 Information processing
By signing, the Customer agrees to receive any information e-mail from the Supplier, whether contractual (modification of the general or specific conditions), technical or commercial (new products).
Unless otherwise agreed in writing, the Customer agrees that the Supplier may use its reference for its commercial promotion.
In addition, all data and information provided by the Customer to the Supplier shall be treated as confidential.
3.4 Legal scope of the contractual conditions
By ordering, the Customer declares that he has read these general conditions and accepts them without restriction.
The order is an acknowledgement of debt in accordance with Art. 82 LP.
3.5 Place of jurisdiction and applicable law
For any dispute relating to the execution or interpretation of this contract, the parties expressly agree that the courts of the canton of Vaud (Switzerland) are the only competent courts and submit any dispute between them to Swiss law.