of Sales and Use hereinafter CGVu
www.excata.com is a website and registered trademark
Excata Sàrl
- Route du Pas-de-l’Echelle 97.
contact@excata.com - Contact us
- IDE CHE-264.919.183
The www.excata.com website is hosted by www.infomaniak.com
Infomaniak is a Swiss company founded in 1994 and specialized in web hosting, audio and video streaming and video on demand.
Excata Sàrl
- Route du Pas-de-l’Echelle 97.
contact@excata.com - Contact us
- IDE CHE-264.919.183
We attach great importance to the contractual provisions governing the relationships we may have with our customers and the users of our sites. It is important to note, however, that these terms and conditions may change in response to political, economic or social developments.
The General Terms and Conditions of Sale and Use CGVu are therefore subject to change at any time and without prior notice, which is why we strongly recommend that you consult them regularly when purchasing from our websites.
The FAQ / Help section is an integral part of these terms and conditions and is regularly updated in line with our shared experience, in order to provide you with the best possible service.
If you do not accept the terms and conditions of this document, please do not use our websites, do not provide us with your personal data and log off our websites immediately.
In the event of translation discrepancies between all texts on the website and other languages, the French language shall prevail.
The Data Protection Declaration – Notice and Privacy Policy can be found here and forms an integral part of the General Terms and Conditions.
The General Terms and Conditions apply to all legal transactions between Excata and the website www.excata.com hereinafter referred to as “Excata”, on the one hand, and users, hereinafter referred to as “Customers”, on the other.
The General Terms and Conditions of Sale also apply to all legal transactions entered into by the selling partners, hereinafter referred to as “sellers”.
Our Marketplace partner-sellers
Sellers offer items for sale in their own name and under their own responsibility directly to Customers through Excata.
Sellers on Excata are independent, professional companies offering a selection of new and off-catalogue products.
Excata enables these sellers to list and sell their products on www.excata.com.
Ethics
As a matter of business ethics, Excata requires sellers to sign the Excata Charter of Ethics (ChEE) before they can insert their products on our online sales sites.
4.1 Content created and made available by Excata
All intellectual property rights, including copyright, trademarks and materials published on this website by or on behalf of Excata, i.e. visuals and texts, are the property of Excata and its vendor partners.
The copying or reproduction of visuals or texts is permitted for personal, non-business use only, provided that all proprietary rights are strictly observed. In the case of personal use, an indication of the source is required.
4.2. Contenus créés et mis à disposition par le Client.
By inserting visuals or texts on our websites, the customer confirms that he/she is the sole owner and holds full rights to them, or that he/she has written authorization from the rights holder.
Furthermore, the Customer accepts that these visuals or texts will be treated in a public and non-confidential manner. The Customer grants Excata the full right of use (reproduction, copying, transmission, use, etc.) entirely free of charge, with no time limit (perpetual) and no geographical limit (worldwide), whether for economic, advertising, social or political purposes.
4.3 Rules for consumer and product evaluation services
The following rules apply to consumer reviews and the review service, in addition to these terms and conditions. To be able to send content for the evaluation services of this website, for example in the form of text, images, video presentations or any other information, you must be at least 18 years old or have the permission of a parent or guardian.
If you have received payment prior to submitting your contribution, or if you have been promised payment at a later date, or if you have been promised something in return, such as a free product, discounts, gifts or entry into a prize draw, please report this immediately here.
All content submitted by you must be truthful and based on your own experiences with the product being reviewed. Reviews must not contain any references to other websites, postal addresses, e-mail addresses, contact information or telephone numbers. You are solely responsible for the content you submit.
Excata makes every effort to provide accurate information. Of course, the input of information, visuals and texts is always a possible source of errors. This is why Excata cannot be held responsible and is not contractually bound if information, visuals or texts present on the website www.excata.com are incorrect.
Furthermore, Excata declines all responsibility for any erroneous information, failures, interruptions or other events likely to cause direct damage (e.g. computer failure, power failure, Internet failure, etc.) or indirect damage.
If you rely on any content on the website, you do so at your own risk.
The Customer is solely responsible for the accuracy and completeness of the data he/she provides when registering on our websites. The Customer undertakes to check his/her personal data, to keep them up to date and, if necessary, to inform Excata of any changes as soon as possible, either by updating his/her data him/herself or by contacting Excata. here.
The customer undertakes to keep active the e-mail address that he/she has communicated to Excata.
It is the customer’s responsibility to keep this address active and to check his e-mail regularly and his “junk mail” box.
All sales prices published on our websites are fixed and binding and are considered as offers. They include all applicable taxes in Switzerland and Liechtenstein. All prices are in Swiss Francs – CHF. The prices indicated in the shopping cart and in the order confirmation are binding and may not be changed. Excata may, without prior notice, modify the prices of items on the website.
8.1 Order conditions
All orders placed on our websites are governed by Swiss commercial law in force at the time of order confirmation.
By placing an order on our website, the Customer confirms that he/she has read and accepts these terms and conditions.
The terms of delivery and invoicing as well as the delivery times indicated in the order are authoritative and apply.
8.2 Right of return
On the website www.excata.com you have a full right of return.
You purchase your goods with a 14-day right of return, i.e. the sales contract only comes into effect on the 14th day from the invoice date.
If the goods do not meet your expectations, you can return them to us without any trace of use, in their original impeccable packaging, stamped at your expense and sent within 10 days of the date of the postmark, so that they reach us within 14 days of the date of the order.
The customer is responsible for return postage costs.
Please consult the list of items excluded from the right of return here.
Please consult the return conditions here.
For refunds, please consult the terms and conditions here.
Excata, as host, is neither the buyer nor the seller of advertisers’ products.
Excata facilitates transactions on the Excata marketplace.
Excata provides a meeting place where customers and sellers complete and finalize their transactions.
As a result, for the sale of the seller’s products, a contract of sale is formed solely between the buyer and the seller.
Excata is not a party to any such contract and assumes no liability arising out of or in connection with such contract.
Excata is neither the agent nor the representative of the sellers.
The sales contract is concluded when the customer’s payment is accepted, and formally comes into effect on the 14th day after the order date.
Receipt of the order is confirmed to the customer by means of an automatically generated order confirmation e-mail. Payment validation is confirmed at the same time.
The order confirmation does not formally indicate that the product can be delivered. However, if the order is confirmed, this indicates that the item is theoretically in stock with the seller and will be delivered within the time indicated.
Goods will only be dispatched to the customer once payment has been confirmed and received. In the event that the seller is unable to deliver the order for any reason whatsoever, the contract is cancelled and the Customer is immediately reimbursed in accordance with the usual terms and conditions, which you can consult here.
All payment methods accepted by www.excata.com are available here.
Excata is a secure marketplace and provides buyers with payment methods that meet the highest security standards.
Excata is the only authorized and recognized payment method for purchases on the Excata marketplace:
Sellers must only use Excata to carry out their transactions.
We use high-performance technology: secure servers that ensure the reliability of online transactions.
Our software encrypts all personal data required to process orders (name, address, bank details) when they are entered.
Excata or a seller will never ask you to transmit bank details or payment card numbers by any means other than during the order payment process via encrypted payment software.
The total price of the goods offered for sale is indicated when the order is confirmed. Customers are not charged any additional costs.
11.1 Delivery charges
Excata is a Marketplace. This means that various sellers offer you items.
Depending on the items they offer, their specific features and weights, shipping costs may vary.
You can check the shipping costs of each seller by consulting their personal page.
When you place an order, if you buy items from different sellers, the shipping costs may add up. That’s why we recommend that you check the shipping costs you’re being charged, to avoid any surprises.
The order confirmation clearly indicates the delivery charge.
Preparation costs are not charged, unless clearly indicated otherwise in the item description.
11.2 Delivery address
The customer is solely responsible for the delivery address entered on our websites when creating an account or placing an order. Any costs incurred as a result of an incorrect or incomplete address are entirely at the customer’s expense and must be paid immediately, respectively before any delivery. These costs may include rerouting costs, storage costs, repackaging of the parcel and preparation time at an hourly rate of CHF 35.–.
11.3 Delivery times
Delivery times can vary depending on a number of factors, including unforeseen weather conditions, pandemics, wars, etc., as well as minor incidents at depots, road accidents, traffic jams and overwork.
In all cases, every effort will be made to ensure that your parcel reaches you as quickly as possible, generally even before the maximum times indicated. All delivery times are given for information only, and are not contractually binding.
11.4 Acceptance of delivery
The Customer undertakes to check the contents of the parcel immediately upon receipt of the delivery, in particular by verifying that the delivery corresponds to the automatic order confirmation received by e-mail, as well as the visual completeness of the product or its packaging. Any damage must be immediately photographed and reported to Excata here. Experience has shown that cases reported promptly are quickly resolved.
11.4.1 Absence on delivery
Our carriers offer a wide range of management options in the event of absence. It is necessary to make arrangements for the receipt of your orders, as if the parcel were to be returned to one of our sellers, we would have to charge you again for postage and a flat-rate handling fee of CHF 15,–.
To find out how to manage the receipt of your parcels with our carriers, you will find all the information you need here.
11. 5 Claim.
The customer undertakes to make the claim within a maximum of 3 days of receipt of the parcel. After this period, no claim can be taken into account. The claims procedure and form can be found here.
11.6 Carriers
The list of carriers we work with can be found here.
11.7 Returns and disputes
All the different cases of returns and disputes we encounter are regularly updated here.
They form an integral part of these terms and conditions and we thank you for consulting them if you have any questions.
The advertiser is responsible for the sale of these products, for any claims or any other problems arising or which may arise in connection with the sales contract between him and the buyer.
Any dispute relating to the purchase of a product from an advertiser must be resolved directly between the buyer and the advertiser.
All warranty explanations, depending on the products you buy on our websites, can be found here.
Excata makes every effort to provide accurate information. But of course, the input of information, visuals and texts is always a source of possible errors.
Excata is not the only party with access to modifications to our websites.
This is why Excata cannot be held responsible and is not contractually bound if information, visuals or texts on the www.excata.com website are erroneous.
Furthermore, Excata declines all responsibility for any erroneous information, failures, interruptions or other events likely to cause direct or indirect damage, such as computer breakdowns, power failures, Internet failures, etc. Excata will not be held liable for any such events.
Clearly, if you rely on the content on our websites, you do so at your own risk, even though we do our utmost to deliver reliable content.
Some third party links may be present on www.excata.com. Excata has no control or influence over these third-party sites, their content, design or purpose.
We exclude all liability for these third parties and give no guarantee for their content, design, purpose or for any elements external to our websites.
However, we will be happy to help you if you discover a link to inappropriate content, a site or any other information. We will deal with your request as quickly as possible.
By browsing our website you are aware that all methods of protecting your devices and data are your sole responsibility and that it is your responsibility to keep your firewalls and antivirus software up to date.
All content on Excata may be changed at any time without notice.
The place of jurisdiction is Geneva.
Data protection in the general sense, and in particular the protection of your personal data, is a priority for Excata.
The purpose of this Data Protection Statement is to inform you about why and how we collect and use personal data when you visit our websites.
By “Personal Data” we mean any information relating to you or enabling you to be identified personally, such as your first and last name, postal or e-mail address and telephone number….
This Data Protection Statement provides you with further information on how your personal data is used, how long it is stored and what rights you may exercise in relation to it.
As mentioned above, Excata attaches great importance to the handling of all data, in particular your personal data. Personal data is treated confidentially and in strict compliance with legal requirements.
When you browse our websites or provide us with your personal data, you unreservedly accept the terms of this document.
If you do not accept the terms and conditions of this document, please do not use our websites, do not provide us with your personal data and log off our websites immediately.
This data protection declaration applies regardless of the channel you use to contact us; be it via our websites, by telephone, in a store, in an app, via a social network or at an event.
3.1 In general
The personal data we collect includes general information such as your first and last name, postal and e-mail addresses, telephone numbers and date of birth.
If you order goods or services on our websites, further information is collected, such as customer data (past orders, delivery address, customer account, etc.). Depending on your payment choices, bank details may be collected.
Personal data can be collected from various sources, such as :
- Electronic and online interactions via our websites, mobile applications, messaging systems or social networks;
- Off-line interactions, in particular via our direct marketing campaigns, paper entries or contest entries.
3.2 Data you send us directly
This is data that you make available to us with your consent, for example by filling in a contact form or registering on our websites:
- Your personal details, in particular all the information by means of which Excata can contact you, e.g. surname, first name, e-mail or postal address, as well as your telephone number, photos/images, pseudo ;
- Your demographic information, e.g. gender, age and date of birth, geographical location;
- Access information for your user account, including all data required to create a user account, such as login details, user name, password and security question/answer;
- Your payment information, in particular for purchases made, e.g. credit card number, validity date, billing name and address, bank intermediary;
- The information you provide about your experience with our products and services, for example your comments and/or suggestions and any other feedback relating to your user experience of our websites;
- Your favorite products, your hobbies, your interests, as well as information about your home or lifestyle.
3.3 Data collected during interactions with our websites
Certain data is automatically collected by our computer systems when you visit our websites and is transmitted to us by your Internet browser. Most of this data is anonymous. This is mainly technical usage data, which contains, among other things, the following information: user agent, browser type and version, operating system, http header information, URL of the site previously visited, IP address of the computer accessing the site, time of server request and connection status, connection duration, pages displayed, etc.
In addition, we use cookies and other tracking technologies, which collect certain types of information when you interact with our websites.
We only collect, process and use personal data insofar as this is necessary for the establishment, content and modification of the legal relationship between you and us.
When you make use of our services, for example by purchasing goods or services from us, we process your personal data.
4.1. Gestion des prestations
This information is only collected, processed and used if you have previously given your consent to the processing of this data as part of the registration procedure on our websites. For example, we collect information about your creditworthiness from third-party service providers in order to decide whether or not we can offer you purchases against invoice.
- When you order goods or services from us, we use your personal data to send you these goods and services, to process your request and possibly to fulfil a specific guarantee linked to the item concerned;
- When you create or manage your account on our websites, we use your personal data for filing and scheduling purposes;
- We use your personal data to identify you during telephone contact to ensure that we have the right person on the line;
- When you contact us with a complaint or return, we use your personal data to serve you efficiently;
- We use your personal data to provide you with optimum consumer services in line with your values and desires;
- We use your personal data to provide you with marketing communications if you have previously agreed to receive them, including order history; purchase information, such as date of purchase, type, quantity and value of products and services purchased, basket contents and payment methods used.
4.2 Statistical monitoring
We collect data for statistical purposes, particularly concerning purchasing behavior. We analyze the purchasing behavior of our customers and thus obtain information about their preferences and affinities with certain products or services, as well as other information that we take into account when improving our services (categories, presentations, highlights, etc.). This enables us to optimize our offers so that they correspond as closely as possible to our customers’ desires.
4.3 Website management
Some of the personal data collected enables us to guarantee the necessary reliability of our websites, while other data is used to analyze the use of our websites and browsing in general.
These analyses enable us to optimize our websites and the automatic distribution of offers likely to be of interest to you. This information is used in particular to better understand the use of our websites and to improve their content, functionality and accessibility. For example, it enables us to see which websites most of our visitors come from, which pages they visit most and which pages they leave us at most often.
We may transfer your personal data to third parties for the following purposes:
- Use of service providers as part of the contractual relationship with us, in particular for the execution of orders and contracts, e.g. postal services, carriers, collections, etc.
- Use of service providers for marketing purposes, in particular for competitions, provided we have received your prior consent.
Excata will never pass on your personal data to third parties with the intention of using them for direct marketing purposes.
Excata does not (as far as strictly possible) transmit any data abroad; all data is stored in Switzerland. We make every effort to verify this.
Security and confidentiality are our top priorities, whether for our own data or the information you entrust to us.
The constant evolution and monitoring of new security measures is a high protection factor.
These days, relying on companies whose business is data protection means optimizing security in a way we could never do ourselves. It’s a business in its own right, and it’s best to remain humble when talking about security.
What’s more, thanks to a global policy of certifying the facilities and procedures (ISO 14001, ISO 50001, ISO 27001) of our web hosting provider, we benefit from optimal security measures for the hosting of our websites.
We retain your personal data for as long as is necessary to provide the service for which it was collected, without however exceeding the maximum period provided for by law.
We delete them as soon as they are no longer required, and in all cases at the end of the legally prescribed retention period.
In accordance with current legal provisions, you have the right to access your personal data stored on our websites at any time.
You can request their consultation, correction or deletion here.
Excata is at your disposal to help you manage your personal data on our websites, and we are committed to doing so promptly.
Naturally, in accordance with the applicable legal provisions, you have the right to appeal to the Federal Data Protection Commissioner in the event of a data protection violation.
Nowadays, following changes in privacy laws, when you enter a website, a small pop-up window appears asking you to accept or refuse cookies.
What are cookies?
Cookies are those little bits of text inserted into your browser as you browse websites. They were created in 1994 to serve as the Internet’s memory, and their use has changed considerably since then.
We are well aware that they can be a source of concern, which is why we are informing you here of their content and usefulness.
Cookies were originally developed to enhance the user experience by making it more intuitive. They simplify the interaction between you and the site you’re browsing. But their capabilities have been developed for both good and bad purposes. That’s why privacy protection laws have evolved to provide a fairly strict framework for their use.
There are different kinds of cookies, for example, those strictly necessary for the technical operation of the website, functionality cookies, performance-enhancing cookies and, of course, the most dreaded of all, marketing targeting and analysis cookies.
All cookies have their own name and lifetime. When they are inserted on a website, the browser is informed of their lifetime. They can be broken down as follows:
Temporary or session cookies store, for example, information inserted in a form, temporary authorizations, a shopping cart, etc. In general, they are strictly necessary and enable you to make the best possible use of the site you are visiting.
Permanent or functional cookies remain after the session has been closed, and are often used to recognize you the next time you visit the site and make browsing easier. Their lifetime is subject to data protection laws and they must be deleted after a certain period of time. You can delete them immediately by clearing your browser’s cache.
Third-party or targeted marketing cookies are linked in particular to the various links that websites may offer you, such as links to social networks or related information. They are often also placed by third parties on the website you are visiting. They enable us to present you with targeted advertising. Not accepting this type of cookie has no impact on the use of our websites, nor does it stop the display of advertisements.
Statistics cookies allow us to obtain information that we use to improve the overall efficiency of our sites.
Websites must allow you to choose whether or not to accept the use of cookies, and you must always be able to choose which cookies you accept or reject.
At Excata, we’ve decided to be transparent and honest.
All the cookies on our websites have a purpose, but we leave it up to you to choose.
If you have decided to accept them, you always have the option of deleting them, for example by closing your session in your web browser.
You still have the option of managing your cookies via your web browser. We recommend that you consult your browser’s help file.
Everyone was different, making it difficult for us to guide you properly and efficiently.