General terms and conditions of sale

Preamble

The website https://www.softicated.com is published by SOFTICATED SARL, a limited liability company with a capital of CHF 20,000, whose registered office is located in Carouge (1227), Geneva, Avenue du Cardinal-Mermillod, Switzerland, registered under identification number CHE-344.064.656.  

Softicated is the author of the offer for sale of the products presented on its website: https://www.softicated.com (hereinafter “Website”).

Please read the general terms and conditions of sale carefully before ordering a product. To order one of our products, you must accept the general terms and conditions of sale. Softicated reserves the right not to accept an order if it does not comply with Softicated's general terms and conditions of sale.  

These General Terms and Conditions of Sale apply to all sales between the Softicated brand and the Customer. The General Terms and Conditions of Sale, together with the order form and order confirmation, constitute the sales contract between the Customer and Softicated relating to the sale of the Products ordered. Any order placed requires the Customer to accept the General Terms and Conditions of Sale in their entirety, in advance and without reservation.

Softicated reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without notice, with such adaptations or modifications then applying to all orders placed after such adaptations or modifications. In the event of modification, the General Terms and Conditions of Sale applicable to the Customer's order are those that were online and accepted by the Customer on the day the Order was placed.

Our furniture is suitable for residential use only. Please contact our team with any certification requests if commercial use is required.  

Softicated reserves the right to refuse an order if it does not comply with Softicated's General Terms and Conditions of Sale.  

We reserve the right to change or modify the terms and conditions at any time. If we do so, we will indicate this on this page. We will display the date on which the terms and conditions were updated at the top of the page. We advise you to read them regularly to ensure that the terms and conditions have not changed.  

Contact us at contact@softicated.com if you require further information. For any information relating to the fulfillment of one or more Orders, or the processing of a complaint, the Customer should contact Customer Service:  

– By mail to the following address: Avenue du Cardinal-Mermillod, Carouge (1227), Geneva, Switzerland,  

– By email: contact@softicated.com

1. Definition

The terms and expressions identified by an initial capital letter in these General Terms and Conditions of Sale have the meanings indicated below (whether used in the singular or plural).

 – “General Terms and Conditions of Sale”: refers to this document, namely the terms and conditions applicable to the relationship between Softicated and the Customer;

– “Order”: refers to the Customer's purchase order for one or more Product(s);

– “Website”: refers to the website accessible at www.softicated.com, published by Softicated and/or any other address with a different extension;

– “Product”: refers to a product offered for sale;

– “Customer”: refers to a natural person of legal age who purchases one or more Product(s) for their personal needs. or in a professional capacity, having previously agreed to the General Terms and Conditions of Sale.  

– “Made-to-order”: refers to an order requiring specific manufacturing and which will not be returned or exchanged.

2. Purpose

These General Terms and Conditions of Sale define the rights and obligations of Softicated and the Customer in the context of the sale of Products by Softicated.  

Any order for one or more Products implies full and unconditional acceptance of all of these General Terms and Conditions of Sale.  

These General Terms and Conditions of Sale are reserved for both consumer buyers and professionals.  

Only persons legally capable of entering into contracts concerning the Products offered for sale on the Website may place an order. When placing an order, the Customer guarantees that they have the full legal capacity to agree to these General Terms and Conditions of Sale, place an order, and conclude a sale. 

Softicated reserves the right to refuse an order if it does not comply with Softicated's General Terms and Conditions of Sale.  

All orders must be accepted by Softicated.  

If one or more provisions of these General Terms and Conditions of Sale are deemed illegal or unenforceable by a party, Softicated shall not be liable for any consequences arising from or relating to these Terms and Conditions.  

Acceptance of the General Terms and Conditions of Sale electronically has the same probative value between the parties as an agreement on paper. Softicated and the Client agree that the emails exchanged between them validly prove the content of their exchanges and, where applicable, their commitments, particularly with regard to the transmission and acceptance of orders. 

3. Products and Offer

Softicated sells both in-stock and made-to-order items.  

Product images on our website are for illustrative purposes only. While we have made every effort to display colors accurately, we cannot guarantee that your computer will accurately display or reflect the colors of the products. The products delivered to you may vary slightly from the images.  

Many wood, metal, and glass finishes are applied by hand and may vary in color, tone, and character. Softicated will make every effort to match a finish, but no guarantee of an exact match can be made. Softicated does not guarantee the finish against fading and oxidation. Variations in color and grain are inherent to stone and wood and are considered part of their natural beauty. Furniture and lighting are handmade and therefore subject to slight variations. Softicated does not guarantee the fading of dyed or natural fabrics.

While we have strived to be as accurate as possible, the measurements provided, including weights, dimensions, and capacities listed on our website, are approximate.

All drawings, descriptions, weights, dimensions, and illustrations appearing in catalogs, on the website, or in advertisements are only rough approximations and are intended to provide a general overview of the goods. They do not form part of this agreement. Furniture and lighting are handmade and therefore subject to slight variations. Rugs may also be subject to slight variations. No claims or refusals of goods will be accepted in relation to this.

The Customer agrees to always follow the manufacturer's instructions for use on the packaging and in the product manual before use. For any further information regarding product specifications, Softicated Customer Service is available to the Customer.

Prior to any order and any use of Products, the Customer must read all the information provided on the Website, inquire about the characteristics and components of the Products and ensure that they are compatible with the intended use.

4. Order

The Customer can place an order directly on the Website after entering their login details or directly with our customer service department: contact@softicated.com  

By browsing the various sections of the Website, the Customer can add the Products of their choice to their shopping cart by clicking on the "cart" button. The shopping cart can be accessed at any time for modification or confirmation.  

For any information request or any Order, the Customer is responsible for all telecommunication costs incurred when accessing the Internet and using the Website, or when calling the Website's Customer Service.  

The Customer will have the opportunity to review the details of their Order and its total price and, if necessary, correct or modify it before definitively confirming it to express their acceptance.  

Softicated cannot be held liable for any errors made by the Customer when entering their order, nor for any resulting consequences in terms of delays or delivery errors. In these circumstances, any costs incurred for reshipment will be borne by the Customer.  

Once the contents of their shopping cart have been validated, the Customer must complete all the requested information, including details regarding the contents and payment methods, and declare their unreserved acceptance of all the General Terms and Conditions of Sale.  

After entering or modifying this information, and subject to having expressly accepted the General Terms and Conditions of Sale, the Customer will finalize their order by clicking the "Order" button on the payment page. The Customer's click constitutes acceptance of the prices and characteristics of the Products purchased.  

Softicated reserves the right to refuse an order if it does not comply with Softicated's General Terms and Conditions of Sale.  

All orders must be validated by Softicated. We will send you a confirmation email after receiving your order and payment, followed by another email confirming that the sale can proceed. The contract between the buyer and Softicated will only be formed once we send you this email. We will invoice you for your chosen payment method after accepting your order. We will send you another email confirming that your order has been shipped.  

Your order will not be processed until we have received the payment for your order.  

Before ordering from our website, it is your sole responsibility to ensure and determine whether you are able to receive the products you have ordered. This includes ensuring that the products you have ordered fit into the room of your choice, but also ensuring that they fit through the door of your apartment, the room, the stairs, or any other location that might compromise or prevent delivery.  

Before submitting your order form, you will be asked to carefully read the General Terms and Conditions of Sale.  

By submitting an order form to Softicated, you unconditionally accept and agree to comply with the provisions of these General Terms and Conditions of Sale in your contract with Softicated, as well as other terms and conditions found on the Website via links, including the Terms of Use and Privacy Policy. If you do not agree with any provisions of these General Terms and Conditions of Sale and Use or the Privacy Policy, please do not submit your order form to purchase the product on the Website.  

You must keep the contact information we provide up to date so that we can contact you regarding your order or the delivery of the Products.  

Softicated cannot process purchases if there is insufficient proof of solvency, if orders are incomplete or inaccurate, or if the products are no longer available. In the above cases, we will inform you by email and will not process your order. If the order form has been submitted and payment has been made for items that are no longer available, Softicated will refund the amount paid for those items.  

Product and price offers are valid as long as they appear on the Website, which is updated regularly. Product offers are subject to availability. If a product becomes unavailable, particularly due to being out of stock, Softicated will remove it from the Website as soon as possible. Sales or promotional offers are clearly marked as such on the Website and indicate their validity period.  

In the event that a Product ordered by the Customer becomes unavailable, particularly due to a production or distribution stoppage, Softicated will inform the Customer by email as soon as it becomes aware of this unavailability. Softicated will then inform the Customer, if applicable, of the new delivery date within which the product will be available and offer an equivalent Product, if one exists. If the Customer refuses to wait for the product to become available, or refuses an equivalent product, the Customer will be refunded the price of the Product if their bank account has been debited, within 14 days of the date of confirmation of this refusal.  

Softicated reserves the right to refuse any Order for legitimate reasons, including payment issues, foreseeable delivery difficulties, abnormal orders, or orders placed in bad faith. Softicated also reserves the right to request proof of identity by email and/or telephone, in which case the Customer will have the option to cancel their Order.  

Upon receipt of the order, Softicated reserves the right to refuse it if the prices displayed online or resulting from the Order are, particularly due to an error or technical malfunction, computer bug, significantly lower than the actual selling price of the Product.  

5. Prices, storage and shipping costs for products

The price of the Products displayed on the Website includes all taxes.  

The price of the Products does not include the Customer's contribution to logistics preparation (processing and shipping) and delivery costs, which remain the Customer's responsibility. The total amount of the Customer's contribution to these costs will be communicated to them either when they log in to the Website or when they contact Customer Service, before they confirm their Order.  

The Customer is solely responsible for verifying the import regulations for the ordered products in accordance with the laws of the country of delivery.  

Softicated reserves the right to change prices at any time and without notice, but the price applicable to the Customer's Order will remain the one displayed in the shopping cart summary at the time of order confirmation. The prices displayed online or shown on the Order are guaranteed, unless they prove to be significantly lower than the actual selling price of the Product, particularly due to an error, technical malfunction, or computer bug.  

Unless otherwise stated, the prices shown on the website do not include: a) shipping or transport costs to the agreed delivery location; and b) value-added tax and any other applicable taxes or duties that may be added to the price payable. You agree to pay any applicable taxes, shipping, or transport costs, as these costs are specified to you by email when you submit your order.  

If the merchandise has not been collected within 60 days of the invoice date, a 1% monthly restocking fee will be added to the final balance.  

Softicated will process product shipments unless the buyer specifies a preferred shipping method. All products returned to Softicated as a result of an unjustified delay by the buyer or a failure to accept delivery will require the buyer to pay all additional costs incurred by Softicated, including storage costs. 

6. Payment

The price of the Products and the logistics and delivery fees are payable in full by the Customer at the time the Order is placed.  

The Customer also agrees to pay, or arrange for payment of, any customs duties, VAT, or other taxes due upon importation of the products into the country of delivery, directly to the freight forwarder or carrier.  

Payment for the Order may be made by the Customer by credit card, in a secure environment, according to the terms and conditions offered on the Website. Payment orders made by credit card cannot be canceled. Payment of the Order by the Customer is irrevocable, without prejudice to the Customer's right of withdrawal.  

For orders placed via the website www.softicated.com, or by telephone via Customer Service, the Customer confirms and warrants that they are the cardholder and that the card provides access to sufficient funds to cover the payment for the Order.  

The Client's bank account will be debited after a period of one (1) day following the date of confirmation of the Order. Payment will be considered effective upon confirmation of authorization from the bank payment centers.  

The Customer may also pay for the Order by bank transfer to Softicated (bank details will be provided at the time the Order is placed). If the transfer is not received within 7 days of order confirmation by Softicated, or if the transfer is rejected by the bank, Softicated reserves the right to cancel the Order.  

The Customer warrants to Softicated that they have all necessary authorizations to use these payment methods when placing the Order.  

In general, the Customer warrants to Softicated, when placing the Order, that they are fully authorized to use the provided payment method and that they have all necessary authorizations to use the payment method in question.  

The Website uses a state-of-the-art SSL (Secure Socket Layer) encryption system to protect all sensitive data related to payment methods.  

For transaction security, Softicated uses Stripe as a payment partner, subject to the The security standard known as "PCI-DSS" (Payment Card Industry Data Security Standard): https://stripe.com/docs/security/. To prevent misuse and/or fraud, authorizations and bank details are verified directly with the Customer's bank.  

The ordered Products remain the property of Softicated until full and final payment of the sale price.  

Softicated requires advance payment for all shipments as described above. If the buyer fails to make payment in accordance with the terms of this contract or if they breach any of its provisions, Softicated may, at its discretion, cancel any unshipped portion of this order, retain the goods, and declare the deposit confiscated as liquidated damages.  

In the event of delivery and non-payment, Softicated has the right to reclaim the ordered products. The Customer, for their part, agrees to return any unpaid Products at their own expense. Alternatively, Softicated (in addition to any other remedies available under any applicable Uniform Commercial Code or otherwise by law) has the right to appropriate and apply the goods to payment hereunder. Softicated may sell or dispose of the goods at public or private sales for cash or credit.

7. Delivery of products

As a general rule, Products will be delivered, after payment for the Order has been processed, to the delivery address provided by the Customer during the order placement process. The Customer will receive an email notification when the Products are shipped.

The total amount, including all taxes (VAT), of the Customer's contribution to the logistics (processing and shipping) and delivery costs will be shown to the Customer before final confirmation of the Order.

The delivery time will be indicated to the Customer during the order placement process, prior to order confirmation and before payment.

As a service to our customers, we arrange for the shipment of orders via one of our preferred carriers specializing in furniture delivery.

Shipping costs are calculated at checkout based on the product and delivery address, or after ordering for special orders. Shipping costs will then be pro forma and included in the final balance of your order.

Softicated reserves the right to ship orders by road, sea, or air as it sees fit. In the case of free shipping, Softicated cannot guarantee a delivery timeframe, as free shipments may be consolidated.

If the customer wishes to expedite delivery, they can select and pay for express shipping at checkout.

Free delivery includes doorstep delivery. If the customer wishes to opt for a white glove delivery and installation service, they may select and pay for the service at the time of checkout.

If the customer chooses to manage their own freight and delivery, Softicated must be notified of the specific details of the movement. The fee to move the product from Softicated to a terminal for “customer’s own” pick-up will be added to the balance due.

The location of the pick-up by the client or the client’s agent may trigger sales tax responsibility at that location.

The transfer of risk occurs upon delivery, when the Customer takes physical possession of the Products at the delivery address specified by the Customer, or from the carrier. Therefore, responsibility for damage occurring in transit lies with the owner, and all claims for damage during freight must be made within 72 hours of receipt.

Without prejudice to the period available to the Customer to exercise their right of withdrawal, upon receipt of the Products, it is the responsibility of the Customer or the recipient to ensure that the Products delivered correspond to their Order, and to check the condition and conformity of the Products with their Order.

If the customer chooses their own carrier, freight requests must be submitted directly to the selected carrier. Softicated is not responsible for damage to customer or third-party freight and claims.

Softicated recommends using a qualified receiving warehouse to receive, inspect, consolidate deliveries, and facilitate home installation. Softicated will recommend a receiver for the customer if necessary. All boxed goods must go through a professional receiver such as a receiving warehouse. A receiving warehouse acts as an agent for the customer and is responsible for noting any damage and assisting the owner in filing a freight claim when damage is identified. A qualified receiving person must be present to accept the products when they are delivered directly.

A signature on the owner's bill of lading (BOL) upon receipt of the product confirms that the products have been received in good condition, unless otherwise noted on the BOL. If the merchandise is refused upon delivery due to quality issues or damage, the receiver must contact us immediately. A full inspection must take place within 48 hours of delivery and all freight claims must be filed within 72 hours.

If, upon delivery, the exterior of the package is not in perfect condition, the Customer or the recipient of the Products shall open the package in the presence of the carrier in order to check the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and indicate “refused due to damage” on the return slip.

In the event of an apparent defect in the package, the Customer must make all reservations and complaints that appear justified; it is their responsibility, if necessary, to refuse the package.

Carefully inspect the boxes or crates. Take photos of any damage to the packaging, which is necessary to resolve damage claims.

Inspect the brand tape seal. If it is not intact or has been covered, you should assume that the package has been opened. Note this on the BOL.

Unpack the boxes or crates. Carefully inspect all goods. Boxes and crates must always be unpacked in your presence. Never discard the original packaging until you are satisfied with the delivery.

If you are unable to inspect the goods at the time of shipment receipt, note on the BOL that any hidden damage to packaged products will be the responsibility of the carrier as determined upon inspection of the products. Softicated must be notified within 48 hours of any hidden damage. Keep a copy of the BOL. Keep the packaging material and take photos of the damage.

All claims must be reported to Softicated's customer service manager.

If inspection of packaged products is limited to the outside of the packaging, exceptions must be noted. Packaging must be opened if the condition of the cartons or crates appears compromised.

Assembly, installation, and maintenance of our made-to-order items must be performed by professionals.

Softicated delivers Orders to the following countries and territories: Switzerland and continental Europe, Algeria, Andorra, Saudi Arabia, Bahrain, Brunei, Canada, United Arab Emirates, United States, France, Hungary, Iceland, Israel, Kuwait, Lebanon, Liechtenstein, Morocco, Norway, Poland, Qatar, Czech Republic, United Kingdom, Singapore, Slovakia, Tunisia

If an Order contains Products that can be delivered on different dates, the Customer may choose to receive their Products separately according to the dates indicated on each Product page by contacting Softicated Customer Service; however, this option may result in the Customer having to pay a higher contribution towards the logistics and delivery costs, which will be indicated by Customer Service. If the Customer chooses to receive their Order in a single shipment, they will receive their Order according to the latest delivery date.

In the event of a delay in delivery, the Customer may cancel the sale, provided that the delay in delivery is not attributable to the Customer, in particular in the event of unavailability to receive their delivery.

A delivery is considered to have been made as soon as the Customer physically takes possession of the Product at the place of delivery agreed with the Customer when the Order was placed and, where applicable, with the carrier. Taking possession of the Product is validated by the control and traceability system used by the carrier.

If the Products are not collected within the time limits set by the carrier, they will be returned to Softicated, which reserves the right to refund the price to the Customer, with the shipping costs remaining the responsibility of the Customer.

The Customer (or, where applicable, the recipient) will formalize their acceptance of the delivery by signing the delivery receipt issued by the carrier.

8. Product exchanges and returns

The legal withdrawal period is fourteen clear days from receipt of the Product for products sold to order. Withdrawal is not possible for products made to order.

Customers returning the Product as part of exercising their right of withdrawal are entitled to a refund of the price of the Products ordered and the delivery costs. At Softicated's suggestion, Customers who have exercised their right of withdrawal may, however, opt for an exchange or a credit note.

The refund will be made no later than fourteen days from the date on which Softicated is informed of the Customer's decision to withdraw. The refund may be deferred until the Product has been recovered by Softicated's Returns department or until the Customer has provided proof of shipment of the Product, whichever occurs first.

The refund will be made using the same payment method used for the Order. Only complete Products (accessories, instructions, etc.) in perfect condition for resale (unsoiled, undamaged, unworn) will be accepted for return or exchange. To facilitate the processing of your request and speed up the refund, we recommend that you send us the return form, carefully completed.

The cost of returning the Product remains the responsibility of the Customer, except in cases of proven non-conformity or hidden defects in the Product.

If the right of withdrawal is exercised for only part of the Order, only the price invoiced for the returned Products will be refunded. In the event of partial withdrawal from the Order, Customers who benefited from free delivery on their initial Order due to exceeding a certain order amount may be re-billed for the delivery costs corresponding to their actual order if the latter falls below the free delivery threshold.

Products must be returned to us properly protected and in their original packaging in a new, unused and unassembled condition. They must be in perfect condition for resale. Please do not stick or mark anything on the items’ original packaging (sellotape or return label/voucher).

The Customer is returning the products. We recommend keeping proof of return to facilitate procedures in case of any issues during transport.

Any product returned incomplete, damaged, washed, spoiled, degraded or soiled, even partially, will not be refunded or exchanged.

Save for cases of non-conformities or hidden defects to do with the Product, the cost of returning the items is the responsibility of the Customer.

9. Warranty – Conformity – Right of withdrawal

In the event of legal action for warranty of conformity, the consumer:  

– has a period of two years from the delivery of the goods to take action, – may choose between repair or replacement of the goods, subject to cost conditions,  

– is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods. This period is six (6) months for second-hand goods.  

The legal guarantee of conformity applies independently of the commercial guarantee. In the event that the consumer decides to implement the guarantee against hidden defects in the item sold as provided, they may choose between cancellation of the sale or a reduction in the sale price.

In order to be compliant with the contract, the goods item must:  

– Be fit for the purpose usually expected of similar goods and, where applicable: correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; have the qualities that a buyer can legitimately expect given the public statements made by the seller, the manufacturer, or their representative, particularly in advertising or labeling; – Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention, and accepted by the seller.  

Any lack of conformity which becomes apparent within 24 months of delivery of the goods shall be presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed. Action resulting from lack of conformity is time-barred two years after delivery of the goods.  

The remedy for the consequences of non-conformity or hidden defects, duly established and confirmed as such by Softicated, shall be, at the Customer's choice, either repair or replacement of the Product, unless this wish entails a manifestly disproportionate cost, taking into account the value of the goods or the significance of the defect, compared to the other option.  

If repair and replacement of the goods are impossible, the Customer may return the goods and receive a refund or keep the goods and receive a partial refund.  

In these different cases, the Customer must contact Customer Service and agree on the terms for returning the Product concerned.  

In the specific case of special operations involving Products that are not sold new, Softicated will specify any defects in the Products.  

The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he known about them. The seller is not liable for apparent defects that the buyer could have ascertained for himself. He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be bound by any warranty. The buyer has the choice of returning the item and receiving a refund, or keeping the item and receiving a partial refund, as determined by experts. If the seller knew of the defects in the item, he is liable, in addition to refunding the price he received for it, for all damages and interest owed to the buyer. If the seller was unaware of the defects in the item, he shall only be liable for refunding the price and reimbursing the purchaser for the costs incurred in connection with the sale. If the item that had defects has perished as a result of its poor quality, the loss shall be borne by the seller, who shall be liable to the buyer for the refund of the price and other compensation as explained in the two preceding articles. However, loss due to unforeseeable circumstances shall be borne by the buyer. The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect. 

10. Responsibility

The Customer is solely responsible for complying with the regulations applicable in their country of residence or in the country of destination of the Products. It is their responsibility to check with the relevant local authorities for any restrictions on the import, export, or use of the Products they intend to order on the Website.  

The service provided by Softicated is limited to the supply of Products under the conditions described in the General Terms and Conditions of Sale.

Softicated shall not be held liable for any damage resulting from a fault on the part of the Customer in relation to the use of the Products.  

Softicated shall not be held liable if the non-performance or poor performance of its own obligations is attributable to the Customer, to the unforeseeable and insurmountable actions of a third party unrelated to the delivery of the Products, or to an unforeseeable, irresistible, and external case of force majeure. In general, Softicated shall under no circumstances be liable for any indirect or unforeseeable damage caused in connection with the use of the Website and the Ordering of Products.  

Use of the Website implies that the Customer is aware of and accepts the characteristics and limitations of the Internet and related technologies, the lack of protection of certain data against possible misuse or hacking, and the risks of contamination by viruses circulating on the network.  

As Softicated itself is dependent on the quality of the Internet network, it does not guarantee the continuity of the Website and does not ensure the correction of any faults found on the Internet network. Consequently, Softicated cannot be held liable for any unavailability of the Website or any connection difficulties or interruptions (malfunctioning of servers, telephone lines, or any other technical connection) when using the Website or, more generally, for any disruptions to the Internet network affecting the use of the Website. In this context, Softicated is not responsible for sending forms to an incorrect or incomplete address, for any computer errors or defects found on the Website.  

Unless otherwise specified, the Website is accessible from anywhere, provided that minimum technical requirements are met, particularly in terms of Internet access, mobile telephony, and technical compatibility of the equipment used by the Customer. Given the global nature of the Internet, the Customer agrees to comply with all public policy rules relating to the behavior of Internet users and applicable in the country from which they use the Website.  

The performance by Softicated of all or part of its obligations, in particular delivery, shall be suspended in the event of a fortuitous event or force majeure that would hinder or delay performance.  

Each party may be released from any liability for non-performance of its contract in the event of the following events: force majeure, events beyond the control of the party such as strikes, fires, bad weather, wars, carrier strikes, failure or reduction of raw material resources.  

Softicated shall inform the Customer of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. If this suspension continues beyond a period of fifteen days, the Customer shall have the option of canceling the current order, and the price of the Products ordered and the delivery costs paid shall then be refunded. 

11. Intellectual property rights

All the details published within the Website, such as sounds, images, photographs, videos, written documents, animations, programs, graphic charter, user databases, software, and other underlying technology are protected by the provisions of the Intellectual Property Code and belong to Softicated.  

Any total or partial reproduction, modification, or use of the brand, writings, illustrations, images, photographs, videos, and logos, for any reason and on any medium whatsoever, without the express prior consent of Softicated, is strictly prohibited.  

Unless requested by Softicated, Softicated prohibits the creation of any hypertext link to the Website. A Customer wishing to place a link on their personal website that links directly to the Website's home page must first obtain the express permission of Softicated.

Customers may send comments, suggestions, ideas, questions, photos or any other information as long as this content is not illegal, defamatory, slanderous, and does not infringe intellectual property rights, and is not harmful to third parties. The Customer must not impersonate a person’s identity using a fake email address. 

12. Protection of personal data

In order to process orders, Softicated processes personal data concerning the Customer, identified as mandatory in the forms appearing on the Website.  

Softicated undertakes to respect the confidentiality of personal data communicated by Customers.  

The Customer's personal data is collected and processed by Softicated for the purpose of processing Orders.  

Softicated may be required to disclose this data for the purposes of processing and delivering orders by its service providers, or for after-sales service, and to conduct satisfaction surveys. In addition, Softicated may also disclose this data in response to an injunction from judicial or administrative authorities.  

The Customer may exercise their individual right to access the file, their right to object, to rectify or to delete data concerning them, either by modifying their personal information themselves in the space provided, or by sending their request to Softicated (indicating their email address, surname, first name, and postal address) by email to contact@softicated.com or by post to the following address: Softicated Avenue du Cardinal Mermillod 36, 1227 Carouge, Geneva, Switzerland  

The Website is designed to be particularly attentive to the needs of Customers. Cookies are therefore used to signal the Customer's visit to the Website for the purpose of creating their shopping cart. Cookies are stored on the Customer's hard drive for a maximum period of thirteen (13) months.  

Customers can prevent these cookies from being stored on their computer's hard drive by configuring their browser as follows:  

For Mozilla Firefox:  

– select the “Tools” menu;  

– click on the “Clear my traces” icon;  

– locate the “Cookies” menu and select the options that suit you.  

For Microsoft Internet Explorer 6.0, 7.0 and 8.0:  

– select the “Tools” menu, then “Internet Options”;  

– click on the “Privacy” tab;  

– select the desired level using the cursor.  

For Google Chrome :  

– Select the “Privacy and security” menu  

– Click on “Clear my browsing data”  

– Check the box “Cookies and other site data”

13. Suspension – Termination

The General Terms and Conditions of Sale are subject to Swiss law. Only the English version of these General Terms and Conditions of Sale is authentic.  

In the event of any difficulty arising in connection with the Order, the delivery of the Products, and more generally the execution of the sale, the Customer shall have the option, before taking any legal action, to seek an amicable solution, in particular with the assistance of a consumer association or any other advisor of their choice.  

Any dispute that may arise from the interpretation or execution of the General Terms and Conditions of Sale and its consequences shall be brought before the competent courts.