Conditions d'utilisation
Terms of service
Welcome to the general terms & conditions of sale.
Source Code Technology (SCT), the owner of this www.sctfoundation.org website and owner of SCT products.
Therefore, SCT is the seller and the customer is referred to as buyer or customer.
SCT implements its skills and its seriousness to serve its customers, to meet its expectations in the best way possible. To do this it is agreed to strictly observe the usual commercial rules that follow, and here recognised as an agreement prior to any exchange.
Please read these conditions carefully before placing an order with SCT.
Article 1 – Object and Generalities
These general terms and conditions define the rights and obligations of both parties (seller, buyer), applied without restriction or reservation to all sales of products offered through the online merchant website www.sctfoundation.org Validating an order implies for all persons the full acceptance of these general conditions of sale. The customer acknowledges that he is fully informed that his agreement concerning the content of these general conditions doesn’t require the handwritten signature of this document, in the measure where the customer wishes to order the products presented online. The customer has the right to save or edit these general terms and conditions, it has been understood that the knowledge, consultation and conservation of this document are his sole responsibility. The customer should support the costs of telecommunication when accessing the Internet and the use of the website, as well as any contact charges for any subsequent claims.
Article 2 – General presentation of the products
The products offered for sale on the website are available until stocks are exhausted. The visual, labelling and packaging of products can change and substantially differ from the on-site display, without interfering with the product itself in its content. In addition, the customer is always able to obtain additional information by email at the following email address: info@sctfoundation.org. SCT reserves the right to remove, replace, modify or change without prior notice the products presented, or if necessary to propose new products, without modifying the specifications of products already ordered by customers.
Article 3 – Use of the products
The choice and the purchase of a product are placed under the sole responsibility of the customer. SCT declines all misuse and doesn’t comply to the original purpose of the products offered. SCT can’t be held responsible for non-compliance with the regulatory and legislative dispositions in force in the country of acceptance, the seller’s responsibility is systematically limited to the value of the product in question, value at the date of sale and without recourse to the trademark or the company producing the product.
Article 4 – Entry into force
These general terms and conditions come into force and apply without reserve, from the validation date of the order, specified on the invoice addressed to the buyer, who undertakes to respect them in full.
Article 5 – Proof of transaction – Order taking – Storage
At this point, you will be redirected to a page summarising the details of the products you have selected, their price and shipping options (with the shipping costs concerned). You will then have to choose the shipping options and the methods of sending and paying that best suit you.
The computerised registers stored in the computer systems of the SCT website, under reasonable conditions of safety, will be considered as proofs of communication, orders and payments between the parties. Archiving of purchase orders and invoices is made on a reliable and durable basis and will be produced as proof. All orders placed with SCT will be confirmed automatically by electronic mail (email) including the details of the order as well as the method of payment. Any validation of the shopping cart including the price of the products, the shipping costs and the method of payment on the website www.sctfoundation.org is considered as an order confirmation. In accordance with the applicable online contracting regulations, the contract will be concluded when you click on the button allowing you to confirm your order after viewing the details of the order and in the total price and having the possibility of correcting any errors. The contracts concluded on our website (information relating to your order in accordance with the GCS in force from your order date) are archived for a period of 10 years. You can access the archived contracts by sending an email to info@sctfoundation.org or by letter to:
SWITZERLAND
Lange Gasse 15
4052 Basel
Article 6 – Prices and Taxes
EURO/SWITZERLAND ZONE
The prices are quoted in Euro/CHF TTC (all taxes included) and are valid only from the validation date of the order by the customer, mentioning his order. They consider the T.V.A. (Sales Tax Added) fee on the day of the order and any change in the rate applicable to the T.V.A. will be automatically reflected on the product price. Switzerland is managed and administered by SCT AG and all the acceding countries of the European Union and the rest of Europe by the SCT AG.
CANADA ZONE
The prices are quoted in Canadian dollars, excluding taxes, and are valid only from the validation date of the order by the customer, mentioning his order. The provincial taxes (GST + QST for Quebec, GST for other provinces) will be displayed when the order is confirmed and any change in the rate applicable to different taxes will automatically be reflected in the product price. The VAT is not applicable for countries outside the European Community and Switzerland, except for the amount of postage.
U.S. AND REST OF THE WORLD ZONE
The prices are quoted in US dollars (USD) and are valid only from the validation date of the order by the customer, mentioning his order. The shipping costs aren’t included in the price of the products. No tax is applicable for purchases made and delivered in countries outside the European Community, Switzerland and Canada, except for the amount of shipping charges, subject to the reservation indicated below.
Please note that shipments to countries outside the European Union, Switzerland or Canada can also be subject to various charges, taxes, duties and obligations, including customs and applicable taxes depending on the country, on importation. These costs are exclusively supported by the buyer. The payment of the full price must be sent at the time of the order, and becomes due to SCT upon validation of the order. The sums paid can’t be considered as a deposit or installments. The payment confirmation of the order by the customer implies that he agrees to pay the shipping charges, if any, and as mentioned in the last step of the order, as an integral part. SCT reserves the right to change, in totality or partially, its prices without notice, any orders subsequent to the change in price will have the new prices applied to it.
Article 7 – Method of payments
To pay for the order, the customer can pay via the Stripe Payment Gateway.
The customer will receive confirmation of the payment reception of his order by electronic mail (email) from the seller in case of payment by online bank card.
The customer guarantees that he has the necessary authorizations to use the method of payment he has chosen when confirming the purchase order. SCT reserves the right to suspend all order management and shipping in case of refusal of the payment authorization or in case of non-payment; including the right to refuse to make a shipping or to honor an order from a customer who hasn’t paid in totality or partially for a previous order or with which a payment dispute is being administered. In case of non-payment, due to the bank’s refusal to honour the transaction or due to an opposition by the customer to the transaction, before or after the conclusion of the transaction, SCT can terminate the sale as of right without notice or delay and can, at the expense of the customer, require the return of the product. The penalties of an amount equal to the statutory interest rate plus ten points should automatically apply to amounts unpaid at the end of a ten days period following the invoice date or on rejection notification of bank payment for any other means of payment.
Article 8 – Availability of the products
The product offers are available within the limit of stocks available in the premises of our different warehouses in the world. For products out of stock, offers will be subject to availability at SCT providers. In case of an exceptional and punctual unavailability of product after placing the order, SCT will inform customers about it by mail or by letter as soon as possible. The customers will then be able to request the cancellation or exchange of the order. In accordance with the regulations currently in force in these contractual conditions, SCT can in this case provide a product of a quality and an equivalent price. SCT will be responsible for shipping costs. If SCT fails to make use of this option, the buyer should be reimbursed without delay and at the latest within thirty days of the payment of the total sums paid by him, unless special arrangements are submitted to the buyer’s agreement, as that the conversion of the order amount into a voucher or to the value of the next order.
Article 9 – Invoicing
After validation of the order, a written confirmation will be issued and sent automatically by electronic mail (email) to the buyer, except in case of payment by cheque. The final and detailed invoice of the transaction will be attached in all cases in hard copy with the product(s) ordered in the corresponding package.
Article 10 – Shipping
The packages are delivered by La Poste, in SoColissimo solution, or in optional Express mode paying Chronopost, or with any other shipper available, within the deadlines provided by these methods of shipment. For this purpose, the customer undertakes to provide exact and accurate postal contact information. SCT can’t be held responsible for a shipping, loss or degradation problem due to a mistake in contact details or under the responsibility of La Poste or any other postal or courier service. SCT should be held responsible for the package shipping by the postal distribution agent to a person other than the nominative addressee mentioned on the consignment. In case of merchandise return by the post office or by any other postal or courier service, due to non-withdrawal by the customer within the prescribed time the expenses of re-shipment remain the responsibility of the customer. Upon reception of the shipping, the customer must check the good condition of the products received and, if necessary, issue the reserves of use to the postal delivery service, no complaint will be considered after acceptance of the products without prior reservation of the customer with the carrier. SCT undertakes to reduce delays between the time of order and shipping.
Our consignments are executed with the necessary attention and care, but in case of products not conforming to the order form and/or in case of error in the preparation of the package, SCT agrees with prior agreement to take care of the product return concerned in their intact condition and upon the shipping reception of the appropriate products corresponding to the customer’s order.
For shipment in Switzerland, Europe, Canada, U.S.A. and the rest of the world, the conditions remain the same, only the postal services change according to the States. We select the best possible services in terms of speed and shipping costs to allow you the best possible experience, such as UPS, Canada Post, etc. The entities responsible for shipments are the following according to the geographical areas:
CANADA
51 St-Antoine Street
Sainte-Agathe-des-Monts, Quebec, J8C 2C4
SWITZERLAND
Lange Gasse 15
4052 Basel
USA
159 River Road, Essex Junction, Vermont, 05452, USA
Article 11 – Guarantees
The customers subject to European Union regulations benefit from the legal guarantee of conformity in accordance with the provisions of the European Directive 1999/44 transposed in France, Article L.211-4 et seq. consumption and guarantee of hidden defects under the conditions laid down in Articles 1641 et seq. of the Civil Code.
In case of an after-sales service procedure (provided by SCT), any incomplete return of products or out of its original packaging will not be accepted. Any return of the product under the guarantee mentioned above must be the subject of a prior agreement of SCT by electronic mail (email). For this purpose, the buyer will contact the after-sales service by letter or by email to: info@sctfoundation.org. No return will be accepted without prior authorization from SCT. If necessary, the defective product must be returned in its original packaging, including the whole product and its accessories. All costs and risks associated with the return of the product are the customer responsibility.
The product under guarantee will be exchanged within the limit of available stocks. If the product is unavailable, SCT will automatically refund the product within 30 days from the reception date of the defective product. In addition, the product must not have been used improperly, excessively or not in accordance with its intended use, and generally the product must be in its original state of presentation. SCT reserves the right to determine in good faith whether these conditions are met. Subject to the legal provisions, the liability of the seller is strictly limited to the obligations defined in these conditions. In case of bankruptcy or impossibility of supply by our providers, the buyer can’t turn against the seller.
Article 12 – Withdrawal – Cancellation
According to the actual regulation into force in these conditions, the buyer has a withdrawal period of 14 days from the shipping date of the order. To proceed with the withdrawal, please contact us before using our contact form. The shipping costs related to the product return are at the exclusive expense of the customer. In case of use of the withdrawal right, you will have to return the product(s) concerned at the following address:
CANADA
51 St-Antoine Street
Sainte-Agathe-des-Monts, Quebec, J8C 2C4
SWITZERLAND
Lange Gasse 15
4052 Basel
USA
159 River Road, Essex Junction, Vermont, 05452, USA
Effects:
Upon reception of the returned products by the customer, if all the withdrawal conditions are fulfilled by the customer, SCT will proceed to the full refund of the order at the latest within 14 days. In any case, this reimbursement will not incur additional costs for you.
Exceptions of the withdrawal right:
The withdrawal right doesn’t apply to: the shipping of the products which can’t be returned for reasons of hygiene or health protection, if you have unsealed them or, after shipping, have been inseparably mixed with other products;
The supply of the products is prone to be deteriorated or to perish quickly.
Article 13 – Customer Service
For any information or question, especially on your withdrawal right, our customer service is at your disposition by electronical mail (email): info@sctfoundation.org or by postal mail to:
CANADA
51 St-Antoine Street
Sainte-Agathe-des-Monts, Quebec, J8C 2C4
SWITZERLAND
Lange Gasse 15
4052 Basel
USA
159 River Road, Essex Junction, Vermont, 05452, USA
Article 14 – Responsibilities
SCT can’t be held responsible for the non-performance of the contract concluded in the event of unforeseeable unavailability of the product, force majeure, disruption, total or partial strike including postal services and means of transport and/or communications, flood, fire.
Article 15 – Property transfer
The property transfer of the products to the buyer will only be executed after full payment of the price by the buyer, whatever the shipping date of these products. On the other hand, the transfer of the risks of loss and deterioration of the products will be realized as soon as the products are received by the buyer. These conditions can be modified at any time without notice, the modifications being applicable to all subsequent orders.
Article 16 – Resolutive – Penalty Clause
In case of non-compliance with any of the customer’s obligations, the sale should be terminated and the products should be returned to the seller if he wants it, without prejudice to any damages which the seller can request from the buyer within 48 hours after the formal notice, will remains ineffective. In this case, the seller is entitled to claim from the buyer a fixed compensation of 10% of the sale amount.
Article 17 – Non-renunciation
The fact that one of the parties doesn’t rely on a breach by the other party of any of the obligations referred in these general conditions, can’t be interpreted in the future as a renunciation of the obligation concerned.
Article 18 – Force majeure
Neither party shall have failed to perform its contractual obligations to the extent that its performance is delayed, hindered or prevented by unforeseeable circumstances or force majeure. Any event or circumstance which is irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which can’t be prevented by the parties, despite all reasonable efforts, should be considered as a fortuitous event or force majeure.
The party affected by such circumstances should notify the other party within ten working days from the date on which it becomes aware of it. In the event of force majeure, the two parties should, within a one-month period, except impossibility in case of force majeure, to examine the impact of the event and agree on the conditions under which the contract performance will be continued. If the case of force majeure has a duration of more than three months, these general conditions can be terminated by the injured party. Expressly, these are considered as case of force majeure or unforeseeable circumstance, in addition to those usually adopted by the jurisprudence: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, pandemics; the termination of the telecommunication networks or difficulties peculiar to the telecommunication networks external to the customers.
Article 19 – Divisibility
If one or more dispositions of these sale general conditions are held to be invalid or declared to be invalid or unenforceable under a law, regulation or as a result of a final decision of a competent court, all their strength and reach.
Article 20 – Attribution clause of competence and jurisdictions
These Terms and Conditions are governed by French Law for contracts concluded with a client residing in France or with the regulations of the member country of the European Union for the client residing in one of these countries and finally with the application of Vienna “on the contracts of international sale of products” for the client residing in a country other than the European Union.
In case a dispute arises in relation with a sale, both about its interpretation and its execution and possibly after a search for an amicable solution:
For the customer residing in France or in a European Union country, you, like us, agree to submit all disputes arising from the commercial service between you and us to the non-exclusive jurisdiction of the courts of France, which means that for the purposes of these Terms of Sale, you can bring an action to enforce your customer rights in France or in the country of the European Union in which you reside.
For the customer residing in another country, you, like us, agree to submit all disputes arising out of the commercial service between you and us to the exclusive jurisdiction of the courts of Montreal in Quebec, Canada.
Article 21 – Language
The languages used for the conclusion and engagements of a contract is:
in English,
in German,
in French,
The language is chosen by the Customer by clicking on the language tab switcher, on the website at any moment of the navigation on the website, or when entering for the first time on the website, by choosing the proposed choice, or before finalizing the order.
Article 22 – Election of domicile/residence
For the execution of these, the parties elect domicile:
The seller in his registered office indicated in the legal notices;
The buyer at the address that he will have communicated by completing the invoicing address.
Article 23 – Computing and Freedom – Information protection
The information requested from the customer for his registration in the merchant site as a purchaser, is necessary for the processing of his order and can be communicated to the SCT contractual partners involved in the execution of this order. When you visit our website, you are required to provide us with personal information. We thank you for your confidence and would like to inform you here on the use of your information as well as your rights.
I – The responsible for processing
The person responsible for processing personal information should be:
CANADA
51 St-Antoine Street
Sainte-Agathe-des-Monts, Quebec, J8C 2C4
SWITZERLAND
Lange Gasse 15
4052 Basel
USA
159 River Road, Essex Junction, Vermont, 05452, USA
II – CNIL Formalities
The processing of personal information executed on our site has been the subject of a declaration to the National Commission of Information Processing and Freedoms registered under the number 1922102 v 0 of January 20th, 2016.
III – Purposes of the collect and processing of your orders
The personal information collected on our site are used to execute the processing of your orders and to manage the commercial service (shipping, invoices, after-sales service). We can also use your information for advertising purposes, either after we have obtained your express consent or within the limits allowed by Law. We can also use your data to comply with our legal and/or regulatory obligations.
IV – Beneficiaries of your personal information
The beneficiaries of your personal information collected on our site are in the first place ourselves for the processing of your orders and the management of the customer service. Other beneficiaries of your personal information are, when applicable, our payment service providers or secure payment providers, our shipping providers and our business partners. In case this is required by Law, your consent is collected or a possibility of refusal is provided to you before any information transmission.
V – Your Rights
It has been recalled that the person, whose personal information are processed, enjoys the rights of access, rectification and opposition to the processing of his/her personal information. You can execute these rights by contacting SCT customer service, whose full contact details are listed in the legal notice above.
VI – Cookies
Our website uses cookies. These are small text files saved on your hard drive. Most cookies are intended to allow or facilitate your navigation and are necessary for the operation of our online store. The use of cookies, clean or third parties, are not necessary for the website operation, requires an express consent of your part. You can express your consent or oppose the use of cookies by setting your connection device appropriately. Please refer to the user guide of your browser.
VII – Commercial prospection by mail
If you no longer wish to receive commercial prospection by mail, you can let us know, by sending us an email via our contact form at any moment.
VIII – Registration of the bank information
Your bank information such as type, name, number, expiration date and visual cryptogram (three-digit code on the back of the card) will not be stored for future reference. When you pay by credit card, if you wish to use this payment method, the use of this information is for the single purpose of your order payment. You will have to repeat this process on each of your orders, since the information will not be retained, in order to preserve all confidentiality.
Secure payment
Our secure payment
We use Shopify Payements to process all payments on our Website.
By Shopify Payements we also offer you the possibility to settle your orders with Google Pay and Apple Pay secure online payment method, whose reliability and access ease are no longer to be demonstrated.
There is no payment information stored on our website.
We can’t access or keep any information about your secure payment, so it will have to be reissued with each order.
Payment by bank transfer
You also have the possibility to pay by bank transfer. For that possibility, please contact us with the Contact form and we will send you our Bank information.
