General terms and conditions of sale
Contents
Preamble
The website https://www.softicated.com is published by the company SOFTICATED SARL, a limited liability company with a capital of CHF 20 000, of which the registered office is located in Geneva (1227), Route des Acacias 43, Switzerland, registered under the identification number CHE-344.064.656.
Softicated is the instigator of the sales offer for the products presented on its website: https://www.softicated.com (hereinafter referred to as the “Website”)
Softicated est l’auteur de l’offre de vente portant sur les produits présentés sur son site internet : https://www.softicated.com (ci-après “Site Internet)
Please read these terms and conditions carefully before ordering any product. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions. Softciated reserves the right not to process orders which do not comply with Softicated’s business policy.
These General Conditions of Sale apply to all sales of the Softicated brand and the Customer. The General Terms and Conditions of Sale, as well as the purchase order and the order confirmation constitute the sales contract between the Customer and Softicated regarding the sale of the ordered Products. Any order placed requires the Customer to accept in advance the General Terms and Conditions of Sale unreservedly and in full. Softicated reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without prior notice, with the adjustments or modifications then being applicable to any orders placed after these adjustments or modifications. In the event of a modification, the General Terms and Conditions of Sale applicable to the Customer's order are those which were online, and which the Customer accepted on the day when it placed the order.
Our furniture is compliant for residential use only. Any certificates for commercial use may be issued upon request for specific items to our team.
Softicated reserves the right not to process orders which do not comply with Softicated’s business policy.
We reserve the right, at our sole discretion, to change or modify portions of this terms and conditions at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this terms and conditions was last revised. You should periodically visit this page to review the current terms and conditions so you are aware of any revision to which you are bound.
Requests for information should be made at contact@softicated.com.
For any information relating to the fulfilment of one or more Orders, or the processing of a claim, the Customer must contact Customer Services:
‐ By letter to the following address: Route des Acacias 43, Les Acacias, 1227 Geneva, Switzerland
‐ By email : contact@softicated.com
1. Definition
The terms and expressions starting with a capital letter in the General Terms and Conditions of Sale have the following meaning (irrespective of whether they are used in the singular or the plural).
‐ "General Terms and Conditions of Sale": mean this document, which is to say the terms and conditions which apply in the relationship between Softciated and the Customer;
‐ "Order": means the Customer's purchase order for one or more Products placed;
‐ "Website": means the Website which can be visited at www.softicated.com and which is published by Softicated and/or any other address which has a different extension;
‐ "Product": means a product offered for sale;
‐ "Customer": means an adult consumer in the form of a natural person and purchases one or more Products for his or her personal needs, or in a professional capacity having previously accepted the General Terms and Conditions of Sale.
2. Purpose
The General Terms and Conditions of Sale define the rights and obligations of Softicated and of the Customer in connection with the sale of Products by Softicated.
Any ordering of one or more Products implies the outright acceptance of all of the General Terms and Conditions of Sale.
The General Terms and Conditions of Sale are reserved for consumer buyers and professional customers.
Only people who are legally able to subscribe to contracts concerning Products offered for sale on the Site may place an Order. When placing the Order, the Customer guarantees that it is fully legally able to accept to the General Terms and Conditions of Sale, to place an Order and to conclude a sale.
Softicated reserves the right not to process orders which do not comply with Softicated’s business policy.
All orders are subject to acceptance by Softicated.
Should one or more stipulations of the General Terms and Conditions of Sale be considered unlawful or unenforceable by a competent court, the other stipulations shall remain in force and will retain their scope and effect.
The acceptance of the General Terms and Conditions of Sale electronically has, between the parties, the same probative value as an agreement on paper. Softicated and the Customer agree that the e-mails exchanged between them validly prove the content of their exchanges and, as the case may be, of their commitments, in particular with regard to the transmission and acceptance of orders.
3. Products and Offer
Softicated sells products from stock as well as pieces made-to-order.
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer will display the colors accurately or reflect the colors of the products. The products that are delivered to you may vary slightly from those images.
Many wood, metal and glass finishes are applied by hand and may vary in color, tone and character. While Softicated will make every effort to match a finish, no guarantee can be made of an exact match. Softicated does not guarantee finishes against fading and oxidizing. Variations in color and veining are inherent in stone and wood and considered to be part of the natural beauty. Furniture and lighting is handmade, and therefore is subject to slight variations. Manufacturer does not guarantee fabrics, dyed or natural, from fading.
Many wood, metal and glass finishes are applied by hand and may vary in color, tone and character. While Softicated will make every effort to match a finish, no guarantee can be made of an exact match. Softicated does not guarantee finishes against fading and oxidizing. Variations in color and veining are inherent in stone and wood and considered to be part of the natural beauty. Furniture and lighting is handmade, and therefore is subject to slight variations. Manufacturer does not guarantee fabrics, dyed or natural, from fading.
Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
All of Softicated drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in the catalogues, website or advertisements are close approximations only and intended to give a general description of the goods and shall not form part of this agreement. Furniture and lighting is handmade, and therefore is subject to slight variations. Rugs may also be subject to slight variations. No contestation or refusal of merchandise will be accepted in relation to this subject.
The Customer undertakes to always comply with the recommendations for use indicated by the manufacturer on the packaging and in the instructions for use for the Products before using them. For further information concerning the features of the Products, customers should contact Softicated Customer Services.
Before placing any order and making any use of the Products, the Customer must read all the information provided on the Website, check on the features and components of the Products and ensure that they are compatible with the use intended for them.
4. Order
The Customer may place an order directly on the Website, after having logged in, or directly with our customer service: contact@softicated.com
By browsing in the various sections of the Website, the Customer may place the Products of its choice in its shopping basket by clicking on the «Basket» button. It is possible at any time to change or confirm the purchases which are in the basket.
For any requests for information or any Order, the Customer is responsible for the telecommunications costs when accessing the Internet and using the Website, or when calling the Website’s Customer Services.
The Customer will have the option of verifying the details of its Order and its total price and, if necessary, of correcting or changing it before giving its final acceptance of the Order.
Softicated may not be held liable for any inputting errors made by the Customer’s, or for their possible consequences in terms of delay or errors concerning the delivery. In these cases, any reshipment costs that there may be, will be the responsibility of the Customer.
Once it has confirmed the contents of its shopping basket, the Customer must provide all the requested information, including information on the content and payment terms and declare that it fully accepts the General Terms and Conditions of Sale.
After having provided or amended this information and subject to having expressly accepted the General Terms of Sale, the Customer will finalise its order by clicking on the «Order» Button on the payment page. By «clicking» to confirm the order the Customer signals its acceptance of the prices and features of the products that it has purchased.
Softicated reserves the right not to process orders which do not comply with Softicated’s business policy.
All orders are subject to acceptance by us. We will send you a confirmation e-mail after receiving your order as well as confirmation of your payment and this will constitute acceptance by us. The contract between you and us will be only made when we send you this email. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
Your order will not be processed until we have received the payment for your order.
Before ordering for us, it is your responsibility to check and determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered will pass freely into your room of choice, they fit in that room, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
Before submitting your order form for the purchase of products, 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 undertake to observe the provisions of these General Terms and Conditions of Sale in your contract with Softicated, as well as further conditions contained on the Website, through links, including the general terms and conditions of use and privacy policy. Should you not agree with certain provision of these General Terms and Conditions of Sale and use or with the Privacy Policy please do not submit your order form for the purchase of product on the Website.
You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
Softicated may not process purchases when there are not sufficient guarantees of solvency, when orders are incomplete or incorrect, or the products are no longer available. In the above cases, we will inform you of this by email and we will not process your order. If the order form has been sent and the price has been paid for items that are no longer available, Softicated will refund the amount paid for those items.
The Product offers and prices are valid as long as they appear on the Website, with it being pointed out that the Website is updated regularly. Product offers are limited to available stocks. Should a product not be available, in particular due to it being out of stock, Softicated undertakes, firstly, to remove it from the Website as soon as possible. Sales or promotional campaigns are listed as such on the website along with the period of their validity. Should a Product ordered by the Customer be unavailable, in particular due to a halt in production or distribution by a supplier, Softicated undertakes to inform the Customer by e-mail as soon as it becomes aware of this unavailability. Softicated will then inform the Customer, if there are grounds to so, of the new time when the product concerned will be available once more and will offer it an equivalent Product if there is one.
Should the Customer refuse to wait for the product to be available, or should it refuse an equivalent product, the Customer will be refunded the price paid for the Product if its bank account has been debited, within 14 days of the date of confirmation of this refusal.
Softicated is entitled to refuse any Order on legitimate grounds, particularly in the event of a payment problem, or of a foreseeable difficulty with delivery, or an abnormal order or one which was placed in bad faith. Softicated also reserves the right to request proof of identity by e-mail and/or telephone, in which case the Customer will then have the option of cancelling its Order.
Upon receipt of the order, Softicated is entitled to refuse it should the prices displayed online or as a result of the Order be, in particular due to an error or technical malfunction, or computer bug, derisory with regard to the real sales price of the Product.
5. Product prices, storage and shipping costs
The prices of the Products listed on the website are inclusive of VAT.
The prices of the Products do not include any amount that the Customer has to pay as part of the logistic preparation costs (processing; shipment), which remain the responsibility of the Customer. The Customer is informed of the total amount that it has to pay as part of these costs, either when it logs onto the Website or when it calls Customer Services, before confirming its Order.
The Customer is solely responsible for verifying the possibilities regarding importing the products ordered with respect to the law 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 that indicated in the summary of its shopping basket when its order is confirmed. The prices displayed online or which are linked to the Order are guaranteed, unless it can be shown that, in particular due to an error or technical malfunction, or computer bug, that they are derisory with regard to the real sales price of the Product.
Unless otherwise specified, prices quoted on the website are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes, shipping or carriage of the Products as such costs are specified by us on Softicated when you submit your order.
Additional storage fees of 1% per month will be charged to store merchandise if not picked up within 60 days from the date of invoice for final balance due.
Softicated will handle product shipments unless buyer specifies shipment method. Any shipments returned to Softicated as a result of buyer’s unexcused delay or failure to accept delivery will require buyer to pay all additional costs incurred by Softicated including storage fees.
6. Payment
The prices of the Products and the costs for the logistical preparation and delivery are payable in full by the Customer when the Order is placed.
The Customer also undertakes to pay or have paid, as the case may be, customs duties, VAT or other taxes which are payable in respect of the importation of the products into the country of the place of delivery, directly to the forwarder or carrier.
Payment of the Order may be made by the Customer by credit card, which is secured, in accordance with the terms provided on the Website. Any payment made by credit card may not be cancelled. The payment of the Order by the Customer is irrevocable, without prejudice to the Customer’s right to exercise its right of withdrawal.
For an order via the www.softicated.com website, or by telephone via Customer Services, the Customer confirms and guarantees that it is the holder of the credit card and that there are sufficient funds for honouring the payment of the Order.
The Customer's bank account will be debited one (1) day after the date of the confirmation of the Order. The payment will be considered effective after confirmation of the agreement of the bank payment centres
The Customer may also pay for the Order:
‐ By transfer to the order of Made In Design (bank details as provided at the time of the Order. Should Softicated not receive the transfer within 7 days of the confirmation of the Order or should the transfer be refused by its bank, Softicated reserves the right to cancel the Order
The Customer guarantees to Softicated that it has the authorisations which may be necessary for using these methods of payment when the Order is accepted.
In general, the Customer guarantees Softicated, when the Order is accepted, that it is fully entitled to use the means provided for the payment of its order and that it has the authorisations which may be necessary for using the means of payment concerned.
The Website uses one of the most powerful SSL (Secure Socket Layer) encryption security systems available for protecting any sensitive data relating to payment methods.
In order to keep transactions secure, Softicated works with its Stripe partner which meets the so called "PCI-DSS" standard (Payment Card Industry Data Security Standard) : https://stripe.com/docs/security/. In order to avoid abuse and/or fraud, the authorisations and bank data are then checked directly with the Customer's bank.
The products ordered remain the property of Softicated until the full and final payment of the sales price.
Softicated requires payment for any shipment hereunder in advance. If buyer fails to make payment in accordance with the terms of this agreement or otherwise fails to comply with any provision hereof, Softicated may, at its option, cancel any unshipped portion of this order, retain the goods and declare a forfeiture of the deposit as liquidated damages.
In the event of delivery without payment having been made, Softicated is entitled to claim the products ordered, with the Customer for its part undertaking to return any unpaid Product, with all costs being its responsibility.
In the alternative, Softicated shall (in addition to other remedies available under any applicable uniform commercial code or otherwise by law) have the right to appropriate and apply the goods to payment due hereunder. Softicated may proceed to sell or otherwise dispose of the goods at public or private sale for cash or credit.
Any proceeds of the goods may be applied by Softicated to the payment of expenses and costs to exercise Softicated’s rights hereunder, and any balance of such proceeds shall be applied against buyer’s account in such order as Softicated shall determine in its sole discretion. Buyer will remain liable for the balance of all unpaid accounts.
7. Product delivery
As a rule, the delivery of the Products will take place, once the payment for the Order has been registered, at the delivery address indicated by the Customer when the order was placed. An email will be sent to the Customer to announce the shipment of the Products.
The amount inclusive of VAT of the Customer’s participation in the costs of logistics preparation (processing; shipment) delivery of the Order will be indicated to the Customer before final confirmation of the Order.
The delivery time will be indicated to the Customer during the procedure leading up to the placing of the order, prior to the confirmation of the Order and before payment.
As a service to our customers, Softicated will arrange the shipping of orders via one of our preferred carriers. All charges are proforma and will be included on the final balance due notice.
Delivery cost are calculated at check out depending on the product and the delivery address or quoted after order for special orders. All charges will then be proforma and will be included on your order’s final balance.
Softicated reserves the right to ship these orders by road, sea or air as they see fit. In the case of free delivery, Softicated will not commit to any delivery timeline as free deliveries may be carried out in groupage shipments.
If the client wishes to expedite delivery, they may select and pay for Express Delivery at check out.
Free shipping includes curbside delivery only. If the client wishes to opt in for a White Glove Delivery and Installation service, he may select and pay for the service at 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 risk transfer occurs at the delivery, when the Customer physically takes possession of the Products at the delivery address indicated by the Customer, or from the carrier. Therefore, responsibility for damage occurring in-transit is the owner’s and all claims for freight damage must be made within 72 hours of receipt.
Without prejudice to the timeframe that the Customer has for exercising its right of withdrawal, as soon as the Products have been received, it is up to the Customer or the recipient to ensure that the delivered Products correspond to its Order, and to verify the condition and compliance of the Products in relation to its Order.
If customer selects their own freight carrier, freight claims must be filed directly with the selected carrier. Softicated is not responsible for a customer’s own or third party freight damage and claim.
Softicated recommends using a qualified receiving warehouse to receive, inspect, consolidate deliveries and facilitate in-home installation. Softicated will recommend a receiver for client if needed. All crated good must go through a professional receiver such as a receiving warehouse. A receiving warehouse acts as an agent for the client and is responsible to note any damage and assist the owner with filing a freight claim when damage is found. A qualified receiving person should be present to accept products when delivered directly to a home.
The risk transfer occurs at the delivery, when the Customer physically takes possession of the Products at the delivery address indicated by the Customer, or from the carrier. Therefore, responsibility for damage occurring in-transit is the owner’s and all claims for freight damage must be made within 72 hours of receipt.
If you are unable to inspect the merchandise at the time of receiving the shipment, note on the BOL that any concealed damage of boxed or crated products will be the responsibility of the carrier as determined upon inspection of the products. Softicated must be notified within 48 hours of any concealed damage that is found. Keep a copy of the BOL. Save the packaging material and take pictures of the damage.
Unpack the cartons or crates. Inspect all merchandise carefully. Cartons and crates should always be unpacked in your presence. Never discard original packaging until satisfied with the delivery.
Inspect the cartons or crates carefully. Take photos of any damage to the packaging, this is necessary to resolve damage claims.
Inspect the branded tape seal. If it is not intact or it is covered over, you should assume the package has been tampered with. Note this on the BOL.
Déballez les cartons ou les caisses. Inspectez soigneusement toutes les marchandises. Les cartons et les caisses doivent toujours être déballés en votre présence. Ne jamais jeter l’emballage d’ origine tant que la livraison n’est pas satisfaisante.
If you are unable to inspect the merchandise at the time of receiving the shipment, note on the BOL that any concealed damage of boxed or crated products will be the responsibility of the carrier as determined upon inspection of the products. Softicated must be notified within 48 hours of any concealed damage that is found. Keep a copy of the BOL. Save the packaging material and take pictures of the damage.
All claims should be reported to the customer service manager at the Softicated.
Products are inspected by the manufacturer prior to release to ensure that the order is in good condition, complete and ready for shipment.
The carrier is responsible for a complete inspection of the products at the point of origin. Any damage must be noted on the BOL. The signed BOL is confirmation by the carrier that they have accepted responsibility for delivering the products in the condition in which they were received. Inspection of the boxed or crated products are limited to the exterior of the packages. Exceptions must be noted and the packages opened at once if the condition of the cartons or crates appear compromised.
The fitting, installation and maintenance of our made-to-order articles must be carried out by professionals.
Softicated delivers Orders to the following countries and territories: Switzerland and continental Europe, Algeria, Andorra, Bahrain, Brunei, Canada, Czech Republic, France, Hungary, Iceland, Israel, Kuwait, Lebanon, Liechtenstein, Morocco, Norway, Poland, Qatar, Saudi Arabia, Singapore, Slovakia, Tunisia, United Arab Emirates, United Kingdom, United States.
If an Order contains Products which are to be delivered on different dates, the Customer may choose to receive its Products separately depending on the dates announced on each Product sheet by contacting Softicated Customer Services; however, this option is likely to result in increased costs for the Customer in terms of the costs of logistics preparation and delivery, which will be indicated to it by Customer Services. If the Customer chooses to receive its order in one go, it will receive its order by the latest delivery time shown.
In the event of a delay in delivery, the Customer may cancel the sale, provided that the delivery delay which is recorded is not attributable to the Customer, in particular in the case of the Customer not being available to take delivery.
A delivery is considered as having 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, if appropriate, with the carrier. The takeover of the Product is confirmed by the control and traceability system used by the carrier.
Should the recipient be absent at the time of delivery, the carrier will leave a delivery notice at
the delivery address indicated by the Customer. The Products will then have to be recovered or
collected at the address and in accordance with the terms indicated by the carrier.
The fitting, installation and maintenance of our made-to-order articles must be carried out by professionals.
8. Exchange and returns of products
The legal period of the right of withdrawal is fourteen free days as of the receipt of the Product. Withdrawal for products made to order is not possible.
The refund will be made, no later than fourteen days as of the date when Softicated is informed of the Customer's decision to withdraw. The refund may be deferred until the Product is recovered by Softicated 's Returns service or until the Customer has provided proof of shipment of the Product with the date of whatever came first being that chosen.
The same payment method as that used for the Order will be applied for making the refund. Only the return or exchange of Products which are complete (accessories, notice ...) and in a perfectly fit state for resale, (not dirty, undamaged, unworn) will be accepted.
The same payment method as that used for the Order will be applied for making the refund. Only the return or exchange of Products which are complete (accessories, notice ...) and in a perfectly fit state for resale, (not dirty, undamaged, unworn) will be accepted. To make processing your request easier and to speed up the refund, we recommend that you make sure that the return slip is carefully filled out before it is returned to us.
The costs of returning the Product items remain the Customer's responsibility, unless there is a non-conformity or proven hidden defects in the Product.
In the event of the right of withdrawal being used only for a part of the Order, only the price charged for the Products which were returned will be refunded. In the event of a partial withdrawal in respect of the Order, the Customer who would have qualified, at the time of the initial Order, for a free delivery due to a certain amount for the order being exceeded, may be charged for the delivery costs corresponding to its effective order, should this order have fallen below the free delivery threshold.
The return procedure will be communicated to the customer once the return request is made.
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).
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.
The legal period of the right of withdrawal is fourteen free days as of the receipt of the Product. Withdrawal for products made to order is not possible.
The refund will be made, no later than fourteen days as of the date when Softicated is informed of the Customer's decision to withdraw. The refund may be deferred until the Product is recovered by Softicated 's Returns service or until the Customer has provided proof of shipment of the Product with the date of whatever came first being that chosen.
The same payment method as that used for the Order will be applied for making the refund. Only the return or exchange of Products which are complete (accessories, notice ...) and in a perfectly fit state for resale, (not dirty, undamaged, unworn) will be accepted. To make processing your request easier and to speed up the refund, we recommend that you make sure that the return slip is carefully filled out before it is returned to us.
The costs of returning the Product items remain the Customer’s responsibility, unless there is a non-conformity or proven hidden defects in the Product.
In the event of the right of withdrawal being used only for a part of the Order, only the price charged for the Products which were returned will be refunded. In the event of a partial withdrawal in respect of the Order, the Customer who would have qualified, at the time of the initial Order, for a free delivery due to a certain amount for the order being exceeded, may be charged for the delivery costs corresponding to its effective order, should this order have fallen
below the free delivery threshold.
The return procedure will be communicated to the customer once the return request is made.
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).
Tout Produit retourné incomplet, abîmé, lavé, endommagé, détérioré, sali, même partiellement ne sera pas remboursé ou échangé.
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. Guarantee - Compliance - Right of Withdrawal
In the event of a court action concerning the legal guarantee of compliance, the consumer
‐ has two years as of the delivery of the item in which to act,
‐ may choose between repairing or replacing the item, subject to the cost conditions
- is exempt from providing proof of a non-conformity regarding the item within the twenty-four (24) months of the item being delivered. This period is six (6) months for second-hand goods.
The legal guarantee of compliance applies independently of the commercial guarantee. Should the consumer decide to apply the guarantee against the hidden defects of the item sold, it may choose between the rescission of the sale or a reduction in the sale price.
In order to be compliant with the contract, the goods item must:
‐ Be appropriate for the usually expected use of a similar goods item and, as the case may be: match 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; present the qualities that a buyer may legitimately expect with regard to the public statements made by the seller, by the producer or by its representative, particularly in advertising or labelling;
‐ Or display the features agreed jointly by the parties or be suitable for any special use sought by the buyer, which has been brought to the attention of the seller and which the seller has accepted.
Non-conformities which appear within 24 months of the delivery of the goods item are presumed to exist at the time of the delivery, unless there is evidence to the contrary. For sold second-hand goods, this period is set at six months. The seller may contest this presumption if it is not compatible with the nature of the goods item or the alleged non-conformity.
No legal action resulting from the non-conformity may be taken after the expiry of a period of two years as of the delivery of the goods item.
The compensation for the consequences of the non-conformity or of the hidden defects, duly established and confirmed as such by Softicated, includes the Customer having the choice, unless such a choice entails a grossly disproportionate cost, given the value of the goods item or the size of the defect, compared to the other procedure, of having the Product repaired or replaced.
If the repair and replacement of the goods item are not possible, the Customer may return the goods item and have the price refunded or keep the goods item and accept a partial refund.
Whatever the case, the Customer must contact Customer Services and agree on the terms for the return of the Product. In the specific case of special campaigns for Products not sold new, Softicated will indicate the nature of any defects that the Products may have.
The seller is bound by a guarantee against hidden defects in the item sold which render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have paid a lesser price for it, had it known of the defects. The seller may not be held liable for any visible defects which the buyer may have discovered on its own. The seller is liable for hidden defects even though it did not know of them, unless it has stipulated that it would not be bound by any guarantee. The buyer has the choice either of returning the item and of having the price paid refunded to it or of keeping the item and having a part of the price paid refunded to it, as decided on by experts.
If the seller was aware of the defects concerning the item, it is under obligation not only to refund the payment of the price which it received but also to pay any damages and interest to the buyer. If the seller did not know about the items concerning the item, it is only under obligation to refund the price and to reimburse the buyer in respect of the expenses incurred as a result of the sale.
Should the item which had defects have been destroyed because of its poor quality, the loss is for the seller who will be liable before the buyer for the refund of the price paid and for other damages as explained in the two preceding articles.
But any loss caused by Act of God will be borne by the buyer. Any legal action resulting from redhibitory defects must be brought by the buyer within two years as of the discovery of the defect.
10. Liability
The Customer is solely responsible for complying with the applicable regulations in its country of residence or in the country of destination of the Products. It is up to the customer to check with the local authorities concerned about any import, export or usage restrictions that there may be concerning the Products that it plans to order on the Website.
The service provided by Softicated is limited to the supply of the Products in accordance with the conditions described in the General Terms and Conditions of Sale.
Softicated may not be held liable for damage resulting from the Customer’s misuse of the Products.
Softicated may 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 who is unconnected to the delivery of the Products, or to an unforeseeable, unstoppable and external force majeure event. Generally speaking, Softicated may not under any circumstances be held liable in respect of indirect or unforeseeable damages incurred as a
result of using the Website and Ordering the Products.
The use of the Website implies the knowledge and acceptance by the Customer of the characteristics and limitations of the Internet and of the technologies associated with it, the lack of protection of certain data against possible misappropriation or hacking and the risk of contamination by possible viruses circulating on the network.
Because Softicated is itself dependent on the quality of the Internet network it cannot guarantee the continuity of the Website and cannot guarantee that defects found on the Internet network will be corrected.
As a result, Softicated may not be considered as being responsible for any unavailability of the Website or any log-in difficulties or for any interruptions to the connection (malfunction of the servers, of the telephone line or of any other technical connection) when the Website is being used or, more generally, for any disruption to the Internet network, which affects the use of the Website. As such, Softicated may not be held liable for any forms sent to an incorrect or incomplete address, for any computer errors whatsoever or for defects detected on the Site
Sous réserve de dispositions contraires, le Site Internet est accessible en quelque endroit que ce soit, dès lors que des conditions techniques minimales sont respectées, notamment en termes d’accès au réseau Internet, de téléphonie mobile, et de compatibilité technique du matériel utilisé par le Client. Compte tenu du caractère mondial du réseau Internet, le Client accepte de se conformer à toutes les règles d’ordre public relatives au comportement des utilisateurs du réseau Internet et applicables dans le pays depuis lequel il utilise le Site Internet.
Softicated will suspend all or part of its obligations, in particular deliveries, in the event of the occurrence of an Act of God or force majeure event which may interfere with or delay the fulfilment of such obligations.
Unless otherwise specified, the Website is accessible at any location whatsoever, as long as minimum technical requirements are met, in particular in terms of access to the Internet network, mobile telephone systems, and technical compatibility of the equipment used by the Customer. Given the global nature of the Internet network, the Customer agrees to comply with all public policy rules relating to the behaviour of Internet users and which are applicable in the country from which the customer uses the Website.
Softicated will inform the Client of the occurrence of an Act of God or force majeure event within seven days of its occurrence. Should this suspension continue beyond fifteen days, the Customer will have the option of cancelling the current order, and it will then be refunded in respect of the price of the Products ordered and the delivery costs which have been paid.
11. Intellectual property law
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 these written documents, trademarks, illustrations, images, photographs, videos and logotypes, for whatever reason and in any format whatsoever, without the express and prior agreement of Softicated , is strictly prohibited.
Unless otherwise requested, Softicated prohibits the placing of any hyperlink referring to the Website. Any Customer who wishes to insert on its own personal website a link referring directly to the home page of the Website must request the express permission of Softicated beforehand.
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 customer data, which is shown as being compulsory in the forms contained on the Website.
Softicated undertakes to respect the confidentiality of the personal data provided by Customers on the Website.
The Customer’s personal data are collected and processed by Softicated in order to process the Orders.
Softicated may be required to release this data when its service providers need to process and deliver orders, or for its after-sales service, and to carry out customer satisfaction surveys. In addition, Softicated may also release this data in response to an injunction from the judicial or administrative authorities.
The Customer may exercise its individual right of access to the file, its right to object, correct or delete the data concerning it, either by modifying its personal information itself on the space , or by sending its request to Softicated (by indicating its email address, surname, first name, postal address), by email to the address contact@softicated.com or by post to the following address: Softicated Route des Acacias 43, 1227 Les Acacias, Geneva, Switzerland
The Website is designed to be particularly attentive to the needs of Customers. This means that cookies are used to report the Customer’s visit to the Website as part of the creation of its shopping basket. The cookies are stored on the Customer’s hard drive for a maximum of thirteen (13) months.
The Customer may object to these cookies being stored on its computer’s hard drive by
configuring its browser’s settings as follows:
For Mozilla Firefox:
‐ choose the “tools” menu;
‐ Click on the "Clear Private Data" icon;
‐ Find the “cookie” menu and select the options that are right for you.
For Microsoft Internet Explorer 6.0, 7.0 and 8.0:
‐ choose the "Tools" menu, then "Internet Options";
‐ click on the "Confidentiality" tab;
‐ select the required level using the cursor.
For Google Chrome :
- choose the "Tools" menu, "Privacy and Security"
- click on the "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 French version of these General Terms and Conditions of Sale is binding.
In the event of difficulties occurring following the Order, the delivery of the Products and more generally the performance of the sale, the Customer will have the option, before any legal action is taken, of seeking an amicable solution, in particular by means of a consumer association or by using any other legal advice of its choice.
Any dispute which may result from the interpretation or performance of the General Terms and Conditions of Sale and its consequences will be brought before the competent courts.
