General Sales Conditions

General Sales Conditions (GSC) of 3D ETPLUS Sàrl services

General
These general terms and conditions of sale for the services of 3D ETPLUS Sàrl (“GTC”) regulate the reciprocal rights and obligations between 3D ETPLUS Sàrl (hereinafter “3D Etplus”) and its customers (hereinafter “the customer”).
Only the Customer has the right to use the services of 3D Etplus. Any other use or resale of its services in favor of a third party is prohibited.
The special terms and conditions of the contract of sale for certain services provided by 3D Etplus remain reserved.
The term “closures” refers to periods during which 3D Etplus closes its offices (announced office closures, weekends, and official public holidays in the Canton of Vaud).
Scope of services
The scope of services provided by 3D Etplus is defined in the sales contract for the said services and/or on our website https://www.3detplus.ch, its aliases and subdomains.
However, for the following services, the following general rules will apply.
- Development (Fixed price / Quotation / Maintenance)
  By development, we mean the design of technical drawings or solutions, installation, etc. 3D Etplus will endeavor to design the products while respecting the usual standards and protocols.
  3D Etplus cannot be held responsible for a malfunction or poor display of a product if the problem is local and specific to the customer’s equipment. For example, in the case of viruses/malware, failure to update hardware and software, etc.
  All problems subsequent (technical, legal, etc…) to the warranty period are the responsibility of the customer.
- Sale of equipment
  The hardware is guaranteed for 2 years from the date of invoice. In case of software or hardware modification by a third party to 3D Etplus or one of its partners, the warranty is cancelled.
  Each device is labeled and referenced in a knowledge base by 3D Etplus. If the 3D Etplus reference number or serial number is missing, the equipment cannot be returned, exchanged or refunded and the warranty will be void.
  In the event of a defect, the customer undertakes to report it as soon as possible by presenting the invoice for the defective device. 3D Etplus cannot be held responsible for the misuse of the equipment or for any defect resulting from the misuse of the equipment.
  3D Etplus cannot be held responsible for the intrusion of a third party or for the hacking of the sold equipment, as well as for the defects resulting from the hacking.
- Consulting : Training / Awareness
  The client remains responsible for his/her actions. 3D Etplus cannot be held responsible for any damage that the customer may suffer, despite having received training/awareness.
  3D Etplus, as a consultant, provides the customer with a (non-exhaustive) list of recommendations, which the customer is free to follow or ignore at his own risk.
  Absence from a training session does not entitle the client to a refund. If possible, a new date will be proposed. An administrative fee may be charged.
  Any appointment cancelled less than 48 hours in advance will be charged in full.
- All services included
  Additional work requested by the customer, not defined by the estimate and the contract, will be the subject of an estimate and/or an offer and/or a clause attached to this contract. They will be executed after agreement of both parties on all terms and conditions, including payment terms.
  
  An exchange of e-mails will be deemed authentic. Restoration of services, following an error of use on the part of the customer, will be invoiced at the hourly maintenance rates (a).
  
  A supplement of “N x2” will be applied, if it must be executed in emergency and/or outside office hours (Mo-Fr: 09:00 – 18:00), “N x2.5” between 18:00 and 21:00 and “N x3” between 21:00 and 09:00, during closures, weekends and official holidays of the Canton of Vaud.
  
  By “emergency”, we mean all requests that must be carried out immediately (not scheduled), including for example: Intervention / troubleshooting / support, etc… , travel / interview / meeting / conference (including telephone), request by telephone and / or messaging, etc… (non-exhaustive list).
- In the case of e-mail requests, “emergency” will be applied if the e-mail is identified as such. Travel expenses may be added according to the Travel Expense Schedule for Recovery Services. 3D Etplus will provide recommendations on the proper use of the services.
  
  The customer will validate and test the work performed by 3D Etplus prior to commissioning and 3D Etplus will not be liable for any defects and/or damage occurring after the customer’s validation. 3D Etplus cannot be held liable for any defects and/or damages in the event of non-compliance with said recommendations.
  
  Unless otherwise stated, the offers include 1 (one) hour appointment with the customer for discussions regarding the project (new project). 3D Etplus reserves the right to charge for additional hours and/or appointments in accordance with its consulting rates. 3D Etplus reserves the right to close its offices, after-sales service and support service for up to 35 days per year, excluding weekends (Sat-Sun) and public holidays (Closures).
  
  The customer remains responsible for his/her actions. Under no circumstances will 3D Etplus be held liable for any direct or indirect damage caused before, during and/or after the provision of its services.
Prices
All prices are in Swiss Francs (CHF) and do not include taxes. For “Subscription” type services, any price changes will be communicated to the customer as soon as possible but they will only be reflected in the next billing period.
Terms of payment, quotation and delivery
Terms of payment:
The following payment terms are applied:
- For all work/services under CHF 500.00 (five hundred), payment shall be made in advance, in full.
- For all work exceeding CHF 500 (five hundred), a deposit of 50% is required and must be paid before the so-called start date of development. The balance is to be paid once the work has been completed, in accordance with the specifications and/or additional modifications. In case of modifications during development, the costs generated must be paid in full before delivery.
- Urgent” or “priority” services require special pricing, which is announced to the customer as soon as possible and paid in advance or by arrangement between 3D Etplus and the customer. An e-mail is sufficient.
- Under no circumstances will 3D Etplus issue a refund.
Quotations: Quotations are only an estimate. 3D Etplus strives to evaluate them as closely as possible and undertakes to inform the customer in advance if the cost exceeds 15%.
Delivery:
3D Etplus will only deliver the work once payment is made in full and all of the customer’s open invoices are paid. The contract may specify a delivery date.
This date is indicative and will vary depending on the following conditions:
- In case of late payment.
- In case of delay on documents, information, etc… that the customer must provide.
- In case of modifications not included in the estimate.
- In case of unforeseen circumstances, among others technical.
- Any other delay that is not within the control of 3D Etplus.
- A delay in delivery does not entitle the customer to any compensation of any kind.
Invoicing
3D Etplus will send invoices to the customer by e-mail. An invoice can be sent by post at the customer’s request, on which an invoice fee will be charged. Invoices sent by post, as well as reminders, will be charged at CHF 20.00 (twenty)/document.

The customer undertakes to pay all invoices sent by 3D Etplus within the specified period.

In the event of a cancellation after the deadline, 3D Etplus reserves the right to charge a flat fee of CHF 150.00 (one hundred and fifty) for administrative costs.

If a service is being designed by 3D Etplus, the work will be invoiced pro rata temporis.

If 3D Etplus has advanced costs, the costs will be due in full from the customer. In the event of non-payment, 3D Etplus will suspend the service(s) and CHF 40.00 (forty) will be charged per service.

3D Etplus reserves the right to suspend all services of the customer, including those that are not in default of payment.

Contracts and invoices are equivalent to an acknowledgement of debt within the meaning of Art. 82 of the Swiss Civil Code.

3D Etplus reserves the right to forward unpaid invoices (including the customer’s contact details) to a collection agency or the debt collection office. Additional costs may be charged and interest applied from the first reminder.
Content
The customer is fully and indefinitely responsible for the content that he/she publishes or that 3D Etplus publishes for him/her (graphic(s), text(s), image(s), logo(s), font(s), file(s), sound(s) and video(s), graphical element(s) etc.).
The customer undertakes to respect the laws in force. In particular, he/she will not publish any content of an erotic or pornographic nature, inciting hatred, racism, etc., or contrary to public morality.
The customer will provide 3D Etplus with the documents necessary for the realization or the update of his project in computerized format. The customer may request the correction of documents written by 3D Etplus (spelling, typing errors, layout, etc.) at any time by e-mail.
Passwords
For certain services, 3D Etplus will provide the customer with a user name and password. The customer agrees to keep these carefully and not to disclose them to third parties. 3D Etplus will ask the customer for his or her username and personal information during any communication, for authentication purposes.
The customer may establish a list of persons authorized to handle his or her affairs (information, updates, support, requests, etc.).
Data
3D Etplus makes every effort to protect its customers’ data against both accidental loss and intrusion by third parties, to the best of its ability.
However, 3D Etplus cannot be held responsible for any loss of data.
The following are the main reasons for this
- Customer’s handling error.
- Exploit(s) of security vulnerability(ies)
Copyrights
The customer retains all rights to his/her work. However, as current computer technology does not protect the customer against illegal copies of his or her work, the customer explicitly acknowledges that 3D Etplus shall not be held liable for any loss of profit or other damage suffered as a result.

The customer must ensure that he/she has the necessary rights before publishing any content.
3D Etplus retains ownership of the content it develops, including all files, images, programs, libraries, classes, scripts, etc. provided to the customer, unless otherwise specified in the contract.

The client may not, under any circumstances, redistribute, resell and/or reuse them in another application or project, or in any other form without prior agreement.

The customer may not use them on any other infrastructure than the one on which 3D Etplus has installed/deposited them. Only 3D Etplus is entitled to download/open/modify/edit/copy said files, unless otherwise stated in the development contract.

The customer may request the purchase of the intellectual property, and 3D Etplus will make an offer to sell.

3D Etplus reserves the right to include its name/link/logo/brand on the documents it produces.
Warranty
For consulting and troubleshooting services, the signature of the release form validates the proper functioning of the services provided by 3D Etplus. Any problem after the technician or consultant has left the premises will not be covered by the warranty.

The warranty for work (development) undertaken by 3D Etplus is 1 (one) month, from the date of delivery of the work. This period can be redefined on the contract. The warranty is specific to each contract, both in form and duration. During this period, 3D Etplus will correct all defects directly attributable to it free of charge as soon as possible and during working days.

Defects are defined as any performance that does not comply with the specifications described in the offer or in the order confirmation.

This warranty does not cover problems resulting from lack of training or improper handling on the part of the customer. Only the original version of the service provided on the date of delivery of the product and saved by 3D Etplus is covered by the warranty. The unavailability of the customer does not extend the warranty period.

Also excluded from the warranty are any problems resulting from third-party software, tools and services third-party software, tools and services not developed or provided by 3D Etplus or the use of obsolete and unmaintained software. Application updates are not included in the warranty.

Adding or modifying features does not extend the warranty.

Similarly, 3D Etplus does not warrant the quality of the connection between 3D Etplus’ network and third party networks. 3D Etplus’s obligation to remedy warranty issues is limited to current business days and hours. Any out-of-warranty problems will, at the Customer’s request, be corrected at the Customer’s expense at the applicable rate.

Any modification or access by anyone other than 3D Etplus voids the entire warranty. Restoration or reactivation fees will be charged. The customer is responsible for any problems related to rights/intellectual property, content, technical, computer, interconnection, maintenance, etc. No refunds or price reductions will be covered by the warranty. Only a right to repair will be applied.

Hardware or software not developed by 3D Etplus is guaranteed by the supplier of the product. The date of delivery or invoicing by the supplier (according to the supplier’s conditions) is decisive.
Responsibility

The customer is solely responsible for protecting his or her computer facilities, as well as his or her personal and confidential data in order to access the services provided by 3D Etplus.

The customer may be held liable for any damage caused by misuse of the computer facilities provided. 3D Etplus shall not be liable for any direct or indirect damage resulting from the use of its services, products, etc.

3D Etplus cannot be held responsible for loss of data, information, sales, or any other loss, in the event of hacking of user accounts or its infrastructure.

The customer will bear the cost of rebuilding and restoring the services provided by 3D Etplus in the event of a targeted attack on the customer.
Support / after sales service
3D Etplus provides a free FAQ on its website.

3D Etplus provides user support via e-mail to its customers only. Support is provided within the warranty period or according to the established support contract.

Without a support contract, the “3D ETPLUS Ltd. support & maintenance conditions and pricing” apply.

3D Etplus reserves the right to charge the customer for support requests by telephone/messaging, as well as any request that is not the responsibility of the proper functioning of its services/infrastructure or due to the customer’s lack of training.
Confidentiality

Both parties agree, on their own behalf and on behalf of their collaborators, to treat as confidential, during and after the term of the contract, all documents (texts, e-mails, letters, etc.) transmitted and conversations exchanged between the two parties, and not to use them outside the framework of this contract.

All documents provided by 3D Etplus are confidential and may not be passed on to third parties, especially quotes and training materials. In the event of the sale of one or more parts of its business, 3D Etplus reserves the right to transfer its customer file to the new purchaser.
Final provisions
The working days and office hours are defined as follows:
Monday through Friday (Mon-Fri) from 9:00 am to 6:00 pm.
Evenings are defined as: Monday to Friday (Mon-Fri) from 18:00 to 21:00.
Weekends are defined as: Saturday and Sunday (Sat-Sun).
Closing times include the time slot from 9:00 pm to 8:00 am, weekends, official holidays of the Canton of Vaud, as well as closures announced by 3D Etplus.
Sundays and official public holidays in the Canton of Vaud are considered holidays, as well as closures.

3D Etplus reserves the right to change these terms and conditions at any time. Only the electronic versions of these general terms and conditions of sale available on the 3D Etplus website at https://www.3detplus.ch/fr-cgv/ are binding.

Renewal and/or purchase of services automatically applies the latest version of the general terms and conditions of sale for all services between 3D Etplus and the customer, including services that predate the present document.

Both parties are entitled to terminate this agreement within 7 (seven) days after signing it. This clause does not apply to hosting and telecommunication services.

If any of the clauses in these terms and conditions should be found to be invalid, it shall be deemed unwritten but shall not invalidate the other clauses.

If no special mention is made in the contract, only the clauses of the general terms and conditions of sale shall apply. In the event of non-compliance with these terms and conditions, 3D Etplus reserves the right to take legal and financial action against the customer and will invoice the customer for all costs incurred as a result of non-compliance with the above terms and conditions. The relationship between 3D Etplus and the Customer is governed exclusively by Swiss law.

The courts of the Canton of Vaud shall have exclusive jurisdiction to settle any disputes. The place of jurisdiction is Nyon. References:
The documents are available at
https://www.3detplus.ch/en-documents