Domo-Supply general terms & conditions of sale
Version 3.1 of 07.03.2024

 

1 Overview

These general terms & conditions of sale will only be applicable to any ordering of equipment, products, software or software packages ("products") sold by the company SDDS Sàrl in Salavaux ("seller"). Any ordering of the seller’s equipment and products by a customer ("customer") implies the customer’s unreserved acceptance of these General Terms & Conditions of Sale. These general terms & conditions of sale prevail, except under formal and specific dispensation of the seller, over any general conditions of purchase. The seller’s offers are non-binding. The contract of sale between the seller and the customer will be deemed final after the order confirmation has been issued by the seller to the customer. If the delivery is carried out before the order confirmation by the seller, the contract will be deemed final with the acceptance of the delivery by the customer.

 

2 Retention of title clause

  1. The transfer of title is retained until full payment of the sales price and of any ancillary costs. If total or partial payment is not made, the seller is entitled to take back the equipment, without prior formality and irrespective of any legal proceedings. The above provisions do not affect, as from delivery, the transfer of risks of loss of or damage to the products and any loss or damage which they may cause.
  2. If court-supervised conciliation proceedings, compulsory liquidation of the customer or any other collective proceedings are initiated, the products may be reclaimed, in accordance with the provisions of the law, within three months of handing down the judgment.
  3. In case of the taking back of goods, under the retention of title clause, the seller will keep by way of damages the down payments received, as compensation for loss caused by the cancellation of the sale and the wear and tear of the products that the customer has used.

3 Delivery and delivery lead time

  1. The products are delivered to the customer or to their representative at the place designated on any order.
  2. Unless otherwise provided, shipping, packaging and insurance of transportation of the products are always at the customer’s expense.
  3. Direct deliveries to end customers (drop shipping) are also possible on written request.
  4. The delivery lead times indicated by the seller are given for information purposes only. They may vary depending on manufacturer availability.
  5. The seller is authorised to carry out partial deliveries. When partial delivery is made on the seller’s initiative, the additional delivery is not invoiced. If partial delivery is made at the customer’s request, the additional delivery is then invoiced.
  6. The customer must, in case they find that the packaging is damaged or in case of loss of products during delivery, make any necessary observations on the carrier’s delivery slip and confirm their reservations by Registered Letter with Acknowledgement of Receipt to the carrier and to the seller within three days of receipt.
  7. The seller reserves the right to suspend deliveries in the event that the customer is not up to date with their obligations to the seller.

4 Shipping and packaging

  1. The seller ships the orders to Switzerland and Europe. Delivery costs apply depending on the geographic area and the weight of the goods. The price is automatically calculated and displayed during the ordering process. Shipping costs include packaging, handling and postal costs.
  2. Free delivery will apply to any order over the amount of 500.00 CHF, inclusive of all taxes (Switzerland and Liechtenstein only).

5 Prices and payment

  1. The seller’s prices shall be cash payment, net and without discount, and may be amended in case of deferred payment. The payment conditions are granted and amended by the seller at its own discretion and appear on each invoice.
  2. Late payment penalties: any late payment on the agreed payment dates shall automatically incur a penalty whose terms are mentioned on the invoice, as well as the immediate payability of all non-matured receivables.
  3. The seller reserves the right to amend its prices at any time in order to meet market requirements. In case of doubt about the buyer’s solvency, the acceptance and fulfilment of an order may rely upon a deposit or payment in advance.
  4. A possible credit limit must be granted by the seller. The credit limit is continually monitored and, after receiving the corresponding information, adjusted to the volume of purchases. The acceptance and fulfilment of an order may, in case of doubt, rely upon the approval or refusal of insurance cover by the credit insurance company.

    6 Purchase by invoice with partial payment option (POWERPAY)

    1. As an external payment provider, MF Group/POWERPAY offers the payment option ‘Pay by invoice’. You can simply pay for your online purchase by invoice using the order invoice. If you do not make the payment within the specified period, you will receive a subsequent monthly invoice the following month with an order overview.
    2. When a purchase agreement is made, POWERPAY takes on the amount receivable and processes it using the payment method selected. By selecting purchase by invoice, you are also agreeing to our GTC, POWERPAY’s GTC.

    7 Right of return

    1. Unopened products in their original packaging may be returned in exchange for a credit note within 14 days of the date on the delivery slip, on condition that they are still part of the assortment.
    2. Goods must be returned only with a slip including the reason for return and an RMA number which can be obtained from the seller’s customer service.
    3. Products removed from the original packaging, without accessories, showing traces of use or damage cannot be returned. Software whose original packaging has been opened is also excluded from this right of return.
    4. In case of the unjustified return of a non-defective product, the return will not be accepted and/or administrative fees of 25.00 CHF may be charged.
    5. In case of the cancellation of an order delivered with free shipping, the shipping costs and administrative fees at the seller’s expense may be deducted from the credit note.

     

    7.1 Right of return without conditions

    A return in exchange for a credit note at the price prevailing on the day is only possible if all the following conditions are fulfilled:

    • the original packaging has not been opened.
    • the original packaging bears no marking and is in perfect condition.
    • the date of purchase is less than 14 days.

     

    7.2 Right of return with flat-rate handling fee

    A return in exchange for a credit note with charging of a flat-rate handling fee is possible if all the following conditions are fulfilled:

    • the original packaging has been opened, but is intact
    • the item is unused and shows no trace of use
    • the operating system has not been installed/the customer has not yet registered it
    • all of the accessories delivered with the equipment have been returned
    • the date of purchase of the item is less than 14 days.

    The flat-rate handling fee for this type of return comes to at least 10% of the current price (maximum purchase price/of at least 10.00 CHF) and will be deducted from the credit note.

     

    7.3 Right of return after individual inspection

    A return in exchange for a credit note after an individual inspection and the charging of a flat-rate handling fee is possible if all the following conditions are fulfilled:

    • the original packaging is still available.
    • the item shows no or few traces of use.
    • the accessories delivered with the equipment are complete.

    The individual inspection is carried out by the seller’s Service Centre. A return of the item cannot be guaranteed even if the buyer has created and received an RMA return number. The flat-rate handling fee comes to at least 20% of the item’s current price (purchase price at the most). The possibility of return and the flat-rate amount deducted from the credit note can only be defined if the inspection fulfils the required criteria.

     

    Comment: the flat-rate fee aims to cover the returning procedure costs. Items opened and already used are then sold on as second-hand items at reduced prices.

     

    7.4 No return of items possible

    A return and a credit note are not possible if

    • the original packaging is missing.
    • accessories are missing.
    • they are opened consumables (ink cartridges, toner, filters or items of the same kind).
    • hygiene reasons do not allow it for items such as headphones/earphones, vacuum cleaners and other cleaning equipment or items of  the same kind that have been opened (exception: items unopened and in their complete original packaging).
    • a piece of software/software opened (whose seal has been broken).
    • a licence/licences already activated.
    • they are security items (locks, cylinders) or products related to unique certificates, keys, passwords, etc.
    • they are items for which the customer has had to register.
    • they are items such as gift vouchers, like physical gift cards and online gift vouchers.

     

    8 Product warranty

    1. The customer, having noted the technical characteristics of the products sold by the seller has, under their own liability, and depending on their needs as they have determined them, chosen the products covered in their order.
    2. The seller guarantees, for the period of two years from the date of purchase, the correct functioning of the item purchased and it being free from defects.
    3. The warranty covers all defects occurring in the warranty period, provided that they come from defective equipment or from a manufacturing error. The seller’s liability is limited according to its choice for the repair, exchange or credit of the current value of the defective goods.
    4. The products sold by the seller are guaranteed parts and labour in our workshops against any manufacturing defect or fault.
    5. If the product is not covered by the warranty, labour will be charged at the rate in force, as well as return shipping costs.
    6. This warranty will not apply in case of the customer’s misuse, abuse or negligence, defective electrical installation, unauthorised modification, natural wear and tear, in case of damage resulting from force majeure or due to a third party.
    7. Any warranty other than the one explicitly mentioned above is excluded.
    8. Software/software packages/operating systems are not guaranteed by the seller.
    9. Modifications or repairs which would have been carried out without the seller’s written agreement, the non-compliance of conditions of transportation, of installation and of use as well as the non-compliance of the general terms & conditions of sale shall release the seller from its obligation to provide a warranty.
    10. In any event, the customer benefits from the legal warranty for hidden defects in the conditions of Articles 1641 et seq. of the Civil Code.
    11. The warranty on consumables and batteries covers a period of six months as from the date of purchase.

    9 Liability / limitation of liability 

    The seller is liable only for direct loss or damage, i.e. loss or damage affecting the product itself. It is expressly agreed that the seller shall not be held liable in case of consequential loss or damage suffered by the customer or its customer, such as loss of time, of data, of contracts, of business, without this list being exhaustive. The seller may in no way be held liable for any loss or damage or inconvenience caused by a malfunctioning of the products or for loss of information.

    10 Product installation

    1. The customer is liable for the installation of the products, as well as the bringing into compliance of the electrical installation necessary for the proper functioning of the products provided by the seller, without this list being exhaustive.
    2. The customer is liable for acquiring the necessary technical skills for the installation, configuration, programming and use of the products.
    3. If the customer does not possess the necessary technical skills, a fee-paying support, installation, configuration and programming service may be proposed by the seller.

    11 Applicable law

    1. These general terms & conditions of sale are governed by Swiss law, irrespective of the buyer’s country. Any dispute relating to the interpretation of our orders or relating to the fulfilment of our services will be, failing to reach an out-of-court agreement, settled definitively by the courts of the canton of Vaud having jurisdiction. The invalidity of one or more clauses of these general terms & conditions of sale does not invalidate the entire document.
    2. In case of a legal loophole, the provisions of the Swiss Code of Obligations are alone applicable. Any dispute is governed solely by Swiss law. The courts for the place where the seller is domiciled will have sole jurisdiction in case of dispute or litigation arising between the customer and the seller.
    3. In case of ambiguity between the versions of the general terms & conditions, the French version shall prevail.
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