Terms and Conditions of Sale and Services
CP 175, Rue Basse 33, CH-2013 Colombier
1. Definitions
Client :
natural or legal person purchasing or agreeing to purchase Products and/or Services from MCA Concept ;
Requirements :
these terms and conditions;
Confirmation :
the offer, quotation, proposal and purchase order: order signed by the customer and MCA Concept ;
MCA Concept software :
custom software, applications or other manufactured software owned by MCA Concept; custom operating systems or standard software, applications or other manufactured software owned and/or patented by MCA Concept ;
Third party software :
custom operating systems or standard software, applications or other software from a publisher or licensing organization ;
HI :
“Integrated Hardware” which is the specified Third Party Product(s) ;
Service offering(s) :
choice of Services offered by MCA Concept as described in any current document published by MCA Concept physically and/or on its websites or in any Order Confirmation ;
Price :
total remuneration for the Product(s) and/or Service(s) due by the customer to MCA Concept ;
Product(s) of MCA Concept :
any individual item as described in any Order Confirmation that Customer purchases or agrees to purchase from MCA Concept ;
Third Party Products :
products sold by MCA Concept that are not manufactured, assembled or established by MCA Concept ;
Services :
general or technical support services performed by MCA Concept or its subcontractor in accordance with the Order Confirmation that the Customer purchases or agrees to purchase from MCA Concept ;
Online Shops :
The MCA Kale (mcakale.com/shop) and MCA Colibri (mcacolibri.ch/shop) online stores are owned by MCA Concept.
2. Field of application
2.1
The Terms apply to all contracts for the sale of Products and/or services by MCA Concept to Customers.
2.2
The Conditions exclude all other conditions unless otherwise agreed in writing with MCA Concept.
2.3
Any order for Products and/or Services shall be deemed an offer by Customer to purchase such Products and/or Services in accordance with the Terms.
2.4
When the Customer enters into a sales contract through an Online Store, the contract is with MCA Concept and the Conditions apply.
2.5
MCA Concept accepts the Customer’s offer to purchase in accordance with the Terms and Conditions as set forth in the counter-signed Order to the Customer. Customer should check the Order Confirmation. MCA Concept guarantees in all cases at least equivalent functionality and performance and will not make any significant changes without the Customer’s consent.
2.6
For each business relationship with MCA Concept, the general conditions are deemed tacit.
3. Quotes / Changes
3.1
Only written quotes from MCA Concept are valid, however, for a period of 10 days from the date of the quote, unless otherwise stated in the quote.
3.2
As it is MCA Concept’s policy to continuously update the Products and Services, and the Customer may purchase Third Party Products, MCA Concept reserves the right to modify the characteristics of the Products and Services as indicated in the Order Confirmation. MCA Concept guarantees in all cases at least equivalent functionality and performance and will not make any significant changes without the Customer’s consent.
4. Price/ Payment
4.1
The price to be paid by the Clients will appear on the Order Confirmation of MCA Concept and on the invoices.
4.2
The prices in our online stores are displayed in CHF (Swiss Francs). VAT is already included in the price. Shipping costs are not included and will be added at checkout.
4.3
Payment must be made prior to delivery or Service, or, if agreed in writing, within 30 days of the invoice date. MCA Concept may suspend deliveries until full payment is received.
4.4
All training for the use of hardware, software, etc. is not included, except when explicitly mentioned in the order confirmation.
4.5
For group orders to be delivered in the future, MCA Concept may adjust prices according to variations in exchange rates, customs duties, insurance and transportation costs and purchasing costs.
4.6
If payment is not received on time, the legal default interest rate is applicable to the unpaid amount. Any collection costs incurred by MCA Concept shall be paid by the Customer.
5. Delivery of products
5.1
The delivery date in the Order Confirmation is estimated. The place of delivery is the one indicated in the order offer signed by both parties.
5.2
For practical reasons, the Products may be delivered in several deliveries (e.g. delivery of Third Party Products, which are not manufactured at the same time as the MCA Concept Products).
5.3
The delivery of “Hardware” products, such as computers and peripherals, are only available in Switzerland.
5.4
MCA Concept can only be in default of delivery following a written reminder. This recall can take place, at the earliest, two weeks after the expiration of the non-binding delivery period. Before this moment, a termination of the contract is excluded.
5.5
Any missing, incorrect or damaged Product or packaging must be noted on the waybill before signing.
6. Acceptance of license, return
6.1
If the customer chooses not to accept the operating software license agreement at the time of start-up, if any, MCA Concept will only accept the return of the complete Product for refund within the time limits set by Article 201 of the Code of Obligations.
6.2
In case of justified return, the Product(s) must be ready for collection in the form and time reasonably set by MCA Concept.
7. Warranty
7.1
MCA Concept agrees that the Products (as well as third party Products) and Services will be free of defects for a period of 12 months from the date of delivery. Replacement parts will be guaranteed for 90 days from the date of delivery.
7.2
MCA Concept makes no warranty that the Products or Services are suitable for any particular type of use or that the Products or Services will meet any particular performance criteria, unless agreed upon in writing with MCA Concept.
7.3
MCA Concept’s warranty is subject to the condition of proper use of the Products and does not cover any part of the Products that has been modified or repaired without the prior written consent of MCA Concept. The warranty is not applicable if the defect is caused by an external cause such as accident, hazard, humidity, overvoltage or other environmental conditions. The Customer assumes responsibility for removing all products not supplied by MCA Concept, ensuring the backup and confidentiality of all Product data before warranty services are provided.
7.4
MCA Concept carries out repairs using components that are new or considered new according to industry standards and usage.
7.5
MCA Concept acquires ownership of the Products or parts removed and replaced during the repair. If these removed and replaced Products or parts are not returned to MCA Concept following its request, they will be charged to the Customer.
7.6
MCA Concept grants the Customer the benefit of any warranty granted by the manufacturer or its supplier of Third Party Products. MCA Concept does not provide any warranty for the Third Party Software, typically provided by the licensor of the Third Party Software, or for the HI.
7.7
Except as expressly provided in the Terms, no warranty, express or implied, is given or assumed by MCA Concept as to condition, quality, performance, merchantability.
8. Services
8.1
Services are provided in accordance with the service level and for the duration defined in the applicable Service Offering from the date of delivery. All Service Offers are available on the MCA Concept website and can be viewed prior to purchase.
8.2
Services may be provided by telephone or Internet depending on the circumstances. MCA Concept guarantees that they will meet industry standards for similar services.
8.3
MCA Concept will do its best to respect the response times indicated in the Service Offer, which may vary depending on the remoteness or accessibility of the location or the availability of components.
8.4
Unless otherwise specified in the Service Offering, clauses from 7.3. to 7.5. apply to the provision of Services under the Terms. Noting the foregoing and unless otherwise specified in the Service Offering, the following are excluded from the Service: work performed outside of business hours, travel, preventive maintenance, consumables, HI, repairs to industry-standard Products, such as, but not limited to, defective pixels on timers, data or Software transfer and viruses. The batteries of the electronic agendas are delivered with a one year warranty which cannot be extended by a Service Offer. Parts that are not essential to the operation of the Product, such as, in particular, hinges, leaves, decorative elements, frames, are not revised.
8.5
The client provides MCA Concept with all reasonable courtesy, information and cooperation to enable MCA Concept to provide the Services and assumes the telephone and postal charges arising from contacts with MCA Concept.
9. Force Majeure
10. Data protection
10.1
The personal data obtained by MCA Concept from the Customer are stored and processed in accordance with the applicable legislation and in accordance with the Privacy Policy of MCA Concept.
10.2
MCA Concept may share this personal data with other entities of MCA Concept, its agents or subcontractors providing services for MCA Concept. For more information, MCA Concept, CP 175, rue Basse 33, CH – 2013 Colombier, e-mail : info@mca-concept.com.
10.3
Our Privacy Policy is available here (link to online version) / at https://mca-concept.com/politique-de-confidentialite/
11. Privacy
12. Termination
If the Customer: is in default of payment and does not comply within the time limit, upon receipt of the summons.
The Customer may request an extension in writing.
13. Consumer Rights
14. Third parties
14.1
For all hardware and software products and licenses of third parties, the general terms and conditions of the latter shall apply.
14.2
If the products mentioned in 14.1. are included in the offers of MCA Concept, the general terms and conditions of the third parties shall apply.
15. Applicable law/place of jurisdiction, partial nullity, communications
15.1
This agreement is governed by Swiss law. The parties acknowledge the exclusive jurisdiction of the courts of Neuchâtel. The Vienna Convention on Contracts for the International Sale of Goods does not apply.
15.2
If any part of the Terms is found by a court to be invalid, this shall not affect the validity of the remaining provisions of the Terms. All communications must be in writing and sent to the legal representative of each party at the address indicated in the invoice.
16. Assignment
17. Miscellaneous
Last update : June 2020