Sales conditions
Digimagic general sales conditions are as follows:
Geographic area
The offer applies to all customers living in Switerland or in the European community.
Geographic delivery area
Digimagic delivers in Switzerland and in the European community.
Validity of the prices
The stated prices are warranted at the time of the order, but valid during the time of two months following the sign on of the offer. Past two months a new offer will be submitted.
Details about prices
Prices are stated in Swiss Francs. The paiement and the invoice may be done in Swiss Francs or in Euros. Prices stated includes Swiss taxes (VAT) valid at the moment of the order. All changes will immediatly be recovered on the sales price of the product. The prices of the products do not include cost of transportation.
Terms of delivery and claims
Digimagic delivers by post. Digimagic will do its outmost to respect the given time of delivery but can not be responsable for any eventual delay due to the post. The order can therefore not be cancelled if delay nor can there be given any indemnity to the customer. All claims regarding the nature or the unconformity of the product should be done in writing, immediately after reception to Digimagic’s headoffice. Without prejudice measurements towards the carrier. The customer should preserve the packaging and the delivery label.
Delivery
The products are delivered at the indicated adress on the order. At the delivery the customert should examine the state of the product. If, when examinating, the customer observe damages, he may refuse the delivery and must then put down the reason on the delivery label before signing the acknowledgement of receipt and then immediately inform Digimagic by letter at the following adress: 8, rue Jacques-Grosselin CH-1227 CAROUGE.
Clerical/Reception error
If there is an errror on the sent product, the customer engage to sent it back within five (5) days following the reception. Using the original packaging (non opened) along with the order number. Thus Digimagic engage to return (at its fees) the ordered product as soon as the returned product is received.
Integrality of the contract
Present general sales conditions constitute the intergrality of the two parties obligations. No other general or particular communiqué done by the customer can be intergrated into the present general conditions.
Digimagic is not responsable for any immaterial or indirect damages.
Resolutorie clause
If the purchaser should not execute its obligations after formal demand and acknowledgement of receipt, left without any/or partial effect within 8 days, Digimagic reserve the right to enforce the contract by legal proceedure. The merchandise should immediately be returned to us at our society’s written request. The delivery cost will be at the purchasers charge, risk and peril.
Penal clause
In case the resolutorie clause should take place, all persepted amount will be considered as indemnity and definitinley acquired without prejudice to all other damages of and interest to Digimagic.
In case of nonpayment by purchaser when due, a penalty of 10% of the toatal amount with a minimum of Fr. 50.- off taxe will be applied.
In case of no answer within 70 days from the date of the invoice. All re-covery fees (postal, legal, banking...) will be on the entire charge of the purchaser with intesest of delay put to it.
Contentions and applied law
The two parties will look for a kind solution concerning all disagreement that may derive when present general sales conditions are applied. If no no agreement is to be found the moot point will be submitted to the legal for of Geneva, Switzerland.
This will concerne the basic rules as well as the form. Juridical competence is attributed to the courts of Geneva (Switzerland) even though several defender.
In case one of the clause of the present contract should be declaired null or without object the clause is reputed non written and cannot therefor cancel the present contract. The parties will strive in good faith to negotiate an equivalent subtitute clause.
