General Terms and Conditions of Sale and Services

MCA Concept
CP 175, Rue Basse 33, CH-2013 Colombier

1. Definitions

Customer :
physical or moral person who purchases or agrees to buy Products and/or Services from MCA Concept;
Conditions :
current general terms and conditions;
Confirmation :
the offer, estimate, proposal and purchase order: order signed by the customer and MCA Concept ;
MCA Concept software :
customised software, applications or other manufactured software, owned by MCA Concept; operating systems or customised standard software, applications or other manufactured software, owned and/or patented by MCA Concept ;
Third Parties Software :
operating systems or customised standard software, applications or other software of a publisher or licensing entity;
MI :
“Integrated Material” which corresponds to the specified Third Parties’ Product(s) ;
Service Offer(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 client to MCA Concept;
MCA Concept product(s) :
all individualised items as described in any Order Confirmation that the Customer purchases or agrees to purchase from MCA Concept ;
Third parties’ products :
products sold by MCA Concept that are not manufactured, assembled or established by MCA Concept ;
Services :
general services or technical support services provided 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 online shops MCA Kale (mcakale.com/boutique) and MCA Colibri (mcacolibri.ch/boutique) are the property of MCA Concept.

2. Field of application

2.1

The Conditions 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 to be an offer by the Customer to purchase such Products and/or Services in accordance with the Conditions.

2.4

When the Customer concludes a sales contract through an Online Shop, the contract is made with MCA Concept and the Conditions are applied.

2.5

MCA Concept will accept the Customer’s purchase offer according to the Terms and Conditions in conformity with the order offer countersigned to the Customer. The Customer must check the Order Confirmation. MCA Concept guarantees in all cases at least equivalent functionalities and performance and will not make any significant modification without the Client’s agreement.

2.6

General terms and conditions shall be deemed tacit for each business relationship with MCA Concept.

3. Estimates / Changes

3.1

Only MCA Concept’s written estimates are valid, however, for a period of 10 days from the date of the estimate, unless otherwise specified in the quotation.

3.2

As MCA Concept’s policy consists of continuously updating Products and Services, and as the Customer may purchase Products from Third Parties, 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 functionalities and performance and will not make any significant modification without the Client’s agreement.

4. Price / Payment

4.1

The price to be paid by Customers is shown on MCA Concept’s Order Confirmation and on the invoices.

4.2

The prices displayed in our Online Shops are in CHF (Swiss Francs). VAT is already included in the price. Shipping costs are not included and will be added during validation.

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 has been received.

4.4

All training courses for the use of equipment, software, etc. are not included, except when explicitly mentioned in the order confirmation.

4.5

For group orders to be delivered in the future, MCA Concept can adjust prices according to changes in exchange rates, customs duties, insurance and transport costs and purchase costs.

4.6

In the case that payment is not received on time, the statutory 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 shown in the Order Confirmation is an estimation. The place of delivery is that 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 Parties Products, which are not manufactured at the same time as the MCA Concept Products).

5.3

The delivery of so-called “Hardware” products found in the Online Shops, such as computers and peripherals, can only be delivered domestically in Switzerland.

5.4

MCA Concept can only be in default of delivery following a written reminder. This reminder can be issued at the earliest two weeks after expiry of the non-binding delivery period. Cancellation of the contract prior to this time is excluded.

5.5

Any missing, erroneous or damaged Product or packaging must be noted on the waybill before signature.

6. Acceptance of licence, return

6.1

If the customer chooses not to accept the operating software licence agreement at start-up, if applicable, MCA Concept will only accept the return of the complete Product for reimbursement within the deadlines set by article 201 of the Code of Obligations.

6.2

In the event of a justified return, the Product(s) must be ready for collection in the forms and within the time limits reasonably fixed by MCA Concept.

7. Warranty

7.1

MCA Concept agrees that the Products (as well as third party Products) and Services shall be free from defects for a period of 12 months from the date of delivery. Spare parts will be guaranteed for 90 days from the date of delivery.

7.2

MCA Concept provides no guarantee that the Products or Services are appropriate for a particular type of use or that the Products or Services will meet particular performance criteria, unless this has been agreed in writing with MCA Concept.

7.3

MCA Concept’s warranty is subject to the condition of correct use of the Products and does not cover any part of the Products that has been modified or repaired without the prior written agreement of MCA Concept. The guarantee is not applicable if the defect is caused by an external cause such as accident, hazard, humidity, overvoltage or other environmental conditions. The Customer is responsible for removing all products not supplied by MCA Concept and for ensuring the backup and confidentiality of all Product data before warranty services are provided.

7.4

MCA Concept carries out repairs using new components or ones considered new according to industrial standards and usage.

7.5

MCA Concept acquires Ownership of Products or parts removed and replaced during repair. If these removed and replaced Products or parts are not returned to MCA Concept following its request, they shall be invoiced to the Customer.

7.6

MCA Concept shall provide the Customer with the benefit of any guarantee granted by the manufacturer or its supplier of Third Parties’ Products. MCA Concept provides no warranty for Third Parties’ Software, typically provided by the licensor of the Third Parties’ Software, or for the MI.

7.7

Except as expressly provided in the Terms and Conditions, no warranty, express or implied, is provided or assumed by MCA Concept as to condition, quality, performance or merchantability.

8. Services

8.1

The services are provided in accordance with the service level and for the duration defined in the applicable Service Offer from the date of delivery. All Service Offers are available on the MCA Concept website and can be consulted prior to purchase.

8.2

Services may be provided by telephone or Internet depending on the circumstances. MCA Concept guarantees that they will comply with industry standards for similar services.

8.3

MCA Concept will do its utmost to comply with the response times indicated in the Service Offer, which may vary according to the distance or accessibility of the location or the availability of the components.

8.4

Except as otherwise specified in the Offer of Services, Clause 7.3. to 7.5. applies to the provision of Services in accordance with the Conditions. Noting the above and unless otherwise specified in the Service Offer, the following are excluded from the Service: work carried out outside business hours, travel, preventive maintenance, consumables, MI, repairs to Products operating according to industrial standards, such as, in particular, defective pixels on monitors, transfer of data or Software and viruses. Electronic agenda batteries are delivered with a one-year guarantee which cannot be extended by a Service Offer. Components that are not essential to the functioning of the Product, such as, in particular, hinges, leaves, decorative elements, frames, are not overhauled.

8.5

The client shall provide MCA Concept with all reasonable politeness, information and cooperation to enable MCA Concept to provide the Services and assume all telephone and postal charges resulting from contact with MCA Concept.

9. Greater force

Neither of the parties is responsible for the non-execution of the contract for reasons beyond its control (greater force), such as, in particular: strikes, terrorist acts, wars, problems affecting suppliers, transport or production, exchange rate fluctuations, acts of public authorities, natural disasters. Both parties shall be entitled to an additional reasonable period of time for execution, however, if such circumstances last for more than 60 days, the contract may be terminated by written notice by any party, without compensation.

10. Data protection

10.1

The personal data obtained by MCA Concept from the Client shall be stored and processed in accordance with the applicable legislation and in accordance with MCA Concept’s Privacy Policy.

10.2

MCA Concept may share this personal data with other MCA Concept entities, 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

Both Parties shall treat any confidential information received from the other Party in the same manner as they would have treated their own confidential information, but at least with a reasonable degree of care.

12. Resiliation

Either party may dissolve the contract if the other party: commits a serious or persistent breach of the Conditions and fails to remedy such breach within 30 days of a written notice of default.
If the Client: is in default of payment and does not pay on time, upon receipt of the reminder.
The Customer may request an extension by writing.

13. Consumer rights

Mandatory consumer rights provisions are not affected by the Terms and Conditions.

14. Third parties

14.1

All hardware and software products and licences of third parties are subject to their general terms and conditions.

14.2

If the products mentioned in 14.1. are included in MCA Concept’s offers, the general terms and conditions of third parties remain in force.

15. Applicable law / place of jurisdiction, partial nullity, communications

15.1

This Agreement shall be governed by Swiss law. The parties recognise the exclusive jurisdiction of the courts of Neuchâtel. Vienna Convention on Contracts for the International Sale of Goods is not applicable.

15.2

If any part of the Terms and Conditions is declared invalid by a court of law, this shall not affect the validity of the remaining provisions of the Terms and Conditions. All communications must be made in writing and sent to each party’s legal representative at the address shown on the invoice.

16. Cession

MCA Concept may assign, subcontract or transfer all or part of its rights or obligations to a qualified third party. The Client may do the same only with the written agreement of MCA Concept.

17. Various

The Customer can find all MCA Concept’s policies, details and information on MCA Concept’s Products and Services Offers on the website www.mca-concept.com.

Last update: June 2020

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