Terms & Conditions
These General Terms and Conditions of Business apply to all orders placed with Quartesoft Sàrl, registered office: 1400 Yverdon-les-Bains, Switzerland via its online shop macpay.swiss. Any software that we send to you or that you download is subject to the provisions of the applicable licence agreements. These licence conditions, including the warranty and liability provisions they contain, will either be delivered together with the software or, where software is downloaded, sent electronically with it. Your order will be deemed an offer to contract based on these conditions. We are under no obligation to accept your order. If we accept your order, a contract will come into effect between you and us. If we are unable to accept your order, we will endeavour to inform you by telephone, email or post. In any event, these General Terms and Conditions form an integral part of the purchase contract and apply to all products whether provided free of charge or for consideration. No other terms or conditions shall apply. Supplementary agreements to or provisions differing from the conditions set out below shall apply only where expressly agreed in writing. We are only able to accept your order if you are 18 years of age or over and have a valid postal address.
2. Place of performance
Unless otherwise expressly agreed, the place of performance for the supply of goods by us and for the payment of the purchase price by you is the registered office of Quartesoft Sàrl in Switzerland.
Items available from the shop are delivered electronically. Delivery is considered completed as soon as the download will have taken place and can be attested by the company server logs.
All prices quoted are net prices including VAT but excluding postage, packing and recycling tax. All prices are given in Swiss francs.
5. Payment and payment period
Where items are dispatched with invoices, these invoices are payable 30 days net. The software activation code will be delivered electronically only after the payment has been duly registered on the agreed bank account. Where items are paid for by credit card, the price will be debited on receipt of order or dispatch of the products ordered. Quartesoft Sàrl will inform you if your credit card company refuses to give its approval.
Quartesoft Sàrl does not take back software products and, as such, you have no right to return them. Quartesoft Sàrl provides demo versions of its products valid for 45 days after installation, thereby enabling customers to test them without risk.
On entering into the contract, Quartesoft Sàrl provides the customer with the following warranty. If the customer notifies Quartesoft Sàrl of a demonstrable and substantiated defect in the contractual product within the prescribed time limit (prescribed technical environment), Quartesoft Sàrl will repair the defective contractual product free of charge or replace it with a new contractual product. The customer shall be deemed to have accepted this warranty without reserve. The warranty period is two years from the date of delivery. This warranty expressly and irrevocably excludes all other warranty claims by the customer including, in particular, any claims by the customer for consequential damages. This section 7 contains all the provisions relating to the assertion of warranty claims by the customer in accordance with the contractual documentation. All other warranty claims are expressly excluded in so far as is legally permissible.
Quartesoft Sàrl is liable for damage arising out of this contract only under the conditions set out in section 7 above and in cases of intent or gross negligence. Any further liability on the part of Quartesoft Sàrl is expressly excluded in so far as is legally permissible. In particular, Quartesoft Sàrl accepts no liability for any indirect damage or loss of earnings or data. All cases of breach of contract and their consequences, and claims by the customer against Quartesoft Sàrl arising out of or in relation to this contract, irrespective of their basis in law, are governed entirely by this contract.
9. Effective date, jurisdiction
This contract comes into effect when the customer places an order and the goods ordered are supplied by the Supplier. In order to be valid, any amendment of or addition to the contract and any supplementary agreements must be made in written form. Contracts entered into with Quartesoft Sàrl are subject to Swiss law. Their place of jurisdiction is the Tribunal de commerce of Yverdon-les-Bains.