General Terms and Conditions of Sale
Article 1 SCOPE
1.1. The General Terms and Conditions of Sale govern the business relations between the company Engineered SA and its customers, hereinafter called « the client », regardless of the order mode (online shop, e-mail or phone).
1.2. The dispatch of the order to the client implies his acceptance of these General Terms and Conditions of Sale in their entirety, with the exclusion of all other terms and conditions. The client declares that he has the capacity to contract with Engineered SA on the basis of these General Terms and Conditions of Sale. The client warrants that all the information he provides is correct.
1.3. Any person who places an order declares that he/she is above the age of 18 and has the legal capacity to enter into contracts. The data required for registration must be complete and truthful.
Article 2 PRODUCTS
2.1. The products sold are described on the website http://www.engineered.ch. The specifications and information provided in the data sheets is believed to be accurate and reliable, but do not constitute contractual documents. The photos that appear on the website http://www.engineered.ch are for illustration only and do not form part of the contractual terms and conditions. Engineered SA assumes no responsibility whatsoever for any errors or omissions in connection with the images or instructions that appear in its online shop.
2.2. Engineered SA is primarily a laboratory specialized in the design and manufacturing of electronic boards for OEM and integration, or for technology evaluation. Therefore, the client shall be aware that the products provided by Engineered SA may not be compliant with international standards and regulations.
2.3. The products are intended to be handled by skilled people in a proper electronic laboratory. The client assumes all responsibility and liability for proper and safe handling of the products in a proper environment. Moreover, the client indemnifies Engineered SA from all claims arising from the handling or use of the products. Except to the extent of these limits, neither party shall be liable to the other for any direct, indirect, special, incidental or consequential damages (including loss and profits).
Article 3 PRICES
3.1. The prices shown on the web site http://www.engineered.ch are quoted in Swiss francs (CHF) and are exclusive of taxes.
3.2. All shipping costs are borne to the client. They are listed in the « Shipping Costs » section of the order form and are based on delivery location. Associated costs (e.g. Customs fees, duties, VAT, etc.) may apply and are not included in the final amount of the order.
3.3. Engineered SA reserves the right to change its prices and conditions at any time without notice. However, the price invoiced for the delivered products is the price valid on the order date. This price is stated on the acknowledgement of the order sent to the client.
3.4. The promotional discounts offered in the context of advertising campaigns on the website http://www.engineered.ch will be deducted directly from the amount invoiced.
3.5. Product offers are not valid unless they are visible on the website http://www.engineered.ch and are subject to availability, while stocks last.
3.6. Engineered SA cannot under any circumstances be held responsible for a computer bug that changes the price of one or more articles without its knowledge. Engineered SA accordingly reserves the right to cancel an order if the amount is at variance with the prices normally quoted for the products and/or shipping costs.
Article 4 ORDER
4.1. In case of an order in the online shop of the website http://www.engineered.ch, the client makes a binding offer once he has clicked on the button « Order now » for all items in the shopping cart. Before sending the order, the client can review and, if necessary, modify the order regarding its correctness and the data of value and quantity. After sending the order, the client receives an order confirmation by e-mail. The order is processed upon payment of the invoiced price. It becomes final after its acceptance by Engineered SA.
4.2. Under exceptional circumstances, in particular insolvency or provision of incorrect information, Engineered SA reserves the right to reject the order placed by the client. In this case, the client will be notified immediately.
4.3. Engineered SA cannot under any circumstances be held responsible for a computer bug that changes the order without its knowledge. Engineered SA accordingly reserves the right to cancel an order if the amount is at variance with the prices normally quoted for the products and/or shipping costs.
Article 5 PAYMENT
5.1. The payment of the products and services is done with PayPal or by bank transfer.
Article 6 DELIVERY
6.1. Products are sent to the delivery address indicated by the client during the order process. In the transmission of the order, the client recognizes to have acquainted with general terms of sale and accepts them.
6.2. The actually delivered quantity appears on the delivery note as well as on the invoice. In case of missing articles or of reduced quantities, the client can aspire neither to compensation nor to damages. If a charged article cannot be delivered, the corresponding amount is paid off to the client. There is no new delivery and the client cannot aspire to damages.
6.3. As a general rule, available articles are sent within 2 in 5 working days. If an article cannot be sent, the client is notified by e-mail.
6.4. Engineered SA delegated to external partners the delivery of products. The delivery deadlines indicated by Engineered SA are provided for guidance only. Engineered SA will endeavour to adhere to the delivery deadlines. However, the client is not permitted to cancel the order on the grounds of non-adherence to the delivery deadlines, nor will such non-adherence give rise to a claim for compensation or a late delivery penalty.
6.5. Engineered SA is not responsible for the theft of the goods once they have been posted by its partners. If there is any doubt about the security of the post box, it is incumbent upon the client to request recorded delivery. Upon delivery of the goods or deposit thereof at the domicile of the client, the benefits and risks (in particular of theft, damage by third parties, bad weather) are transferred to the client.
6.6. Delivery notes and invoices will be sent by e-mail whenever possible.
Article 7 PROPERTY
7.1. The goods will remain the property of Engineered SA until the invoice is paid in full.
Article 8 RIGHT OF RETURN
8.1. The client is responsible for inspecting the goods upon delivery. If the goods are unfortunately delivered to the client’s delivery address in a poor condition, Engineered SA will resolve the matter upon submission of proof, namely a photo of the damaged goods and reasons sent by e-mail within 48 hours of receiving.
8.2. The return of a product is only possible within a period of two weeks (14 calendar days) of receiving, date of postmark as proof. The goods must be returned in its original packaging, with all accessories and with the delivery note. Return of goods is at the expanse and risk of the client.
8.3. If the client mistakenly places an order, the goods will not be taken back or refunded.
Article 9 WARRANTY
9.1. The products are warranted to be free of any defect with respect to workmanship, quality, reliability and performance for a period of 6 months from the date of shipment.
9.2. In the event that a product proves to be defective in any way during this warranty period, it will be repaired or replaced with a unit of equal or superior performance characteristics.
9.3. Should the client find that a product has failed after the warranty period has expired, the defective piece of equipment will be repaired for as long as suitable replacement components are available. The client will bear any labour and component costs incurred in the repair or refurbishment of said equipment.
9.4. Within the 6 months’ warranty period, any attempt to repair the product by anyone other than by Engineered SA or any third party authorized by Engineered SA will void your warranty. Should the client decide to return the product for repair, Engineered SA reserves the right to assess any modifications or repairs made by the client and decide if they fall within warranty limitations.
9.5. In no event shall Engineered SA be liable for direct, indirect, special, incidental or consequential damages (including loss and profits) incurred by the use of the product. Implied warranties are expressly limited to the duration of this warranty.
Article 10 DATA PROTECTION
10.1. The use of personal data relating to the client by Engineered SA complies with the legislation in force, in particular with the data protection law. These data are processed in a confidential and secure manner.
10.2. Engineered SA will only process and store the data that it requires to provide and invoice its services. The stored personal data will enable the client to purchase new articles and ensure the smooth progress of the commercial transaction. Under no circumstances will such data be forwarded to third parties.
Article 11 APPLICABLE LAW AND JURISDICTION
11.1. These General Terms and Conditions of Sale as well as the contracts concluded in pursuance thereof are governed by Swiss law.
11.2. Any disputes arising hereunder shall be settled before the competent court at the principal place of business of the company Engineered SA, Avenue des Sports 28, 1400 Yverdon-les-Bains, Suisse. E-mail: firstname.lastname@example.org.
Article 12 CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE
12.1. These General Terms and Conditions of Sale may be changed at any time by Engineered SA.
12.2. It is incumbent upon clients to keep up to date with the content and any changes to these General Terms and Conditions of Sale.
Yverdon-les-Bains, February 3, 2016