General Terms and Conditions of Sale
------------------------------
This is a translation from the French version, which is the only legally binding and authoritative version.
------------------------------
This is a translation from the French version, which is the only legally binding and authoritative version.
This is a translation from the French version, which is the only legally binding and authoritative version.
------------------------------
This is a translation from the French version, which is the only legally binding and authoritative version.
1. Introduction
These general terms and conditions apply to this website and to transactions related to our products and services. You may be bound by additional contracts in connection with your relationship with us or any product or service you receive from us. If any provisions of additional contracts conflict with any provisions of these general terms and conditions, the provisions of those additional contracts shall prevail.
2. Binding
By registering on this website, accessing it or using it in any other way, you hereby agree to be bound by the terms and conditions set out below. The mere use of this website implies knowledge and acceptance of these terms and conditions. In certain special cases, we may also ask you to give your explicit consent
3. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending you an email, and you agree that all agreements, notices, publications and other communications that we provide to you electronically meet any legal requirement, including but not limited to the requirement that such communications be made in writing.
4. Intellectual property
We or our licensors own and control all copyrights and other intellectual property rights in the website and the data, information and other resources displayed on or accessible from the website.
4.1 All rights reserved
Unless specific content provides otherwise, no licence or other right is granted to you under copyright, trademarks, patents or other intellectual property rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, modify, reverse engineer, decompile, transfer, download, transmit, monetise, sell, merchandise or commercialise any of the resources on this website in any form, without our prior written permission, except and only to the extent otherwise provided in mandatory legal provisions (such as the right to quote).
5. Newsletter
Notwithstanding the foregoing, you may forward our newsletter in electronic form to other persons who may be interested in visiting our website.
6. Third party property
Our website may include hyperlinks or other references to third party websites. We do not monitor or review the content of third party websites that are linked to this website. Products or services offered by other websites are subject to the applicable terms and conditions of those third parties. Opinions expressed or material appearing on those sites are not necessarily shared or endorsed by us.
We are not responsible for the privacy practices or content of these sites. You assume all risks associated with the use of these websites and any third party services. We will not accept any liability for any loss or damage, howsoever caused, resulting from the disclosure of your personal information to third parties.
7. Responsible use
By visiting our website, you agree to use it only for the purposes intended and permitted by these general terms and conditions, by any additional contract entered into with us, and by applicable laws and regulations, as well as by generally accepted online practices and industry guidelines. You must not use our website or our services to use, publish or distribute any material that consists of (or is linked to) malicious software; use data collected on our website for any direct marketing activity, or conduct any systematic or automated data collection activity on or in relation to our website.
It is strictly prohibited to engage in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability or accessibility of the website.
8. Registration
You may open an account on our website. During this process, you may be asked to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and you agree not to share your passwords, account information or secure access to our website or services with any other person. You must not authorise any other person to use your account to access the website as you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of the disclosure of your password.
After the closure of the account, you will not attempt to open a new account without our permission.
9. Refund and return policy
9.1 Right of withdrawal
You have the right to terminate this contract within 30 days without giving any reason.
The withdrawal period expires after 30 days from the day on which you, or a third party other than the carrier and indicated by you, acquires physical possession of the goods.
To exercise the right of withdrawal, you must inform us of your decision to terminate this contract by an unequivocal statement (for example, a letter sent by post, fax or email). You will find our contact details below. You may use the attached model withdrawal form, but this is not mandatory.
If you use this option, we will communicate to you without delay an acknowledgement of receipt of this withdrawal on a durable medium (for example by email).
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired.
9.2 Effects of withdrawal
If you terminate this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the least expensive standard delivery type we offer), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to terminate this contract. We will make this refund using the same means of payment that you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any charges as a result of this refund.
You must return the goods or hand them over to us or to a person authorised by us to receive the goods, without undue delay and, in any case, no later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you return the goods before the expiry of the 14-day period.
We may withhold the refund until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You will have to bear the direct cost of returning the goods.
You are solely responsible for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note that there are certain legal exceptions to the right of withdrawal, and certain items cannot therefore be returned or exchanged. We will let you know if this applies to your particular case.
10. Idea submission
Do not send any ideas, inventions, works of authorship or other information that may be considered your own intellectual property that you would like to present to us, unless we have previously signed an agreement regarding intellectual property or a non-disclosure agreement. If you disclose it to us in the absence of such a written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future medium.
11. Termination of use
We may, in our sole discretion, at any time modify or discontinue access, temporarily or permanently, to the website or any service thereon. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of your access to or use of the website or any content you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings and/or any content to which you have contributed or on which you have relied are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
12. Warranties and liability
Nothing in this section shall limit or exclude any warranty implied by law that it would be unlawful to limit or exclude. This website and all its content are provided "as is" and "as available" and may contain inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, express or implied, as to the availability, accuracy or completeness of the content. We do not guarantee that:
this website or our products or services will meet your requirements;
this website will be available on an uninterrupted, timely, secure or error-free basis;
the quality of any product or service purchased or obtained by you through this website will meet your expectations.
Nothing on this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you need advice, you should consult an appropriate professional.
The following provisions of this section shall apply to the maximum extent permitted by applicable law and shall not limit or exclude our liability in respect of any matter for which it would be unlawful or illegal for us to limit or exclude our liability. In no event shall we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss or corruption of data, software or databases, or loss of or damage to property or data) suffered by you or any third party, resulting from your access to or use of our website.
Except to the extent that any additional contract expressly provides otherwise, our maximum liability to you for any damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intentional conduct, tort or otherwise) shall be limited to the total price you paid us to purchase such products or services or use the website. This limit shall apply in aggregate to all your claims, actions and causes of action of any kind and type.
13. Privacy
To access our website and/or our services, you may be asked to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails we send you are only related to the provision of agreed products or services.
We have developed a policy to address all your privacy concerns. For more information, please see our privacy statement and cookie policy.
14. Export restrictions / Legal compliance
Access to the website from territories or countries where the content or purchase of products or services sold on the website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of Switzerland.
15. Assignment
You may not assign, transfer or subcontract any of your rights and/or obligations under these general terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section shall be null and void.
16. Breach of these general terms and conditions
Without prejudice to our other rights under these general terms and conditions, if you breach these general terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your Internet service provider to request that they block your access to the website, and/or taking legal action against you.
17. Force majeure
Except for payment obligations hereunder, no delay, failure or omission by either party to perform or observe any of its obligations hereunder shall be deemed a breach of these general terms and conditions if and for so long as such delay, failure or omission results from a cause beyond the reasonable control of that party.
18. Indemnification
You agree to indemnify, defend and hold us harmless from all claims, liabilities, damages, losses and expenses related to your breach of these general terms and conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for damages, losses, costs and expenses related to or arising from such claims.
19. Waiver
Failure to enforce any of the provisions set out in these general terms and conditions and in any agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these general terms and conditions or any agreement or any part thereof, or the right thereafter to enforce each and every provision.
20. Language
These general terms and conditions shall be translated exclusively into French, German, English and Spanish; Castilian. All notices and correspondence shall be written exclusively in that language.
21. Entire agreement
These general terms and conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Scies Miniatures Sàrl concerning your use of this website.
22. Updating these general terms and conditions
We may from time to time update these general terms and conditions. It is your duty to check these general terms and conditions periodically to see if they have been changed or updated. The date shown at the beginning of these general terms and conditions is the most recent revision date. Changes to these general terms and conditions will take effect as soon as they are published on this website. Your continued use of this website after the posting of changes or updates will be deemed notice of your acceptance to comply with and be bound by these general terms and conditions.
23. Choice of law and jurisdiction
These general terms and conditions are governed by the laws of Switzerland. Any dispute relating to these general terms and conditions shall be submitted to the jurisdiction of the courts of Switzerland. If any part or provision of these general terms and conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, that part or provision shall be modified, deleted and/or enforced to the fullest extent possible to give effect to the intent of these general terms and conditions. The other provisions shall not be affected.
24. Contact information
This website is owned and operated by Scies Miniatures Sàrl.
You may contact us regarding these general terms and conditions by writing to us or sending us an email at the following address: info@scies.ch
Scies Miniatures Sàrl
ZI Plans Praz
1337 Vallorbe
25. Download
You may also receive our general terms and conditions in PDF format by sending us an email at:info@scies.ch
