GENERAL CONDITIONS (GC) of 3D Swiss View Sàrl (January 2024 edition)
1. Scope of application
These general terms and conditions (hereinafter : " CG ") apply to all contracts concluded between 3D Swiss View Sàrl, a company registered with the Registre du Commerce du Valais, IDE CHE-499.463.109, whose registered office is at Rue du Mont 2, 1920 Martigny (hereinafter : " 3D Swiss View "or We ") and its customers (hereinafter referred to as the " Customer ").
By agreeing to enter into a contract with Us, the Customer acknowledges having read, understood and accepted without reservation this document and the obligations it contains. Customers are also invited to read the clauses highlighted in bold carefully, insofar as their content concerns essential aspects of the contractual relationship.
The applicable version of the GTC is the one in force at the time the contract is concluded. 3D Swiss View may modify the general terms and conditions at any time, without informing the Client, by publishing a new version on its website. In this case, any new contract concluded with 3D Swiss View implies acceptance of the new version of the GTC.
Contractual amendments, ancillary agreements and any general terms and conditions of the Client require the express written consent of 3D Swiss View in order to be incorporated into the contract.
2. Quotation and conclusion of contract
On the basis of the information and indications provided by the Customer, We draw up a quotation summarising our services for a defined project, which specifies in particular the applicable rates, the estimated delivery times and the terms of payment (hereinafter referred to as the "quotation"). Quote ").
The Customer indicates acceptance of the Quotation by returning it to Us dated and signed. The signing of the Quotation has the effect of concluding a contract between Us and the Customer (hereinafter referred to as the "Customer"). Contract ").
Unless otherwise specified in the Quotation, the Client has thirty days to accept it. Failing this, the Quotation will lapse and will no longer be binding on 3D Swiss View.
Where they deviate from these GTC, the elements agreed in the Contract shall prevail.
3. Beneficiary customer
The Customer who signs the Contract is deemed to be the beneficiary of our services and therefore the co-contractor of 3D Swiss View Sàrl.
If the Customer is represented by a third party (agent, archtectee), the signatory undertakes in the same way for himself by validating the offer of his signature.
In all cases, the Contract and the corresponding invoices are drawn up in the name of the co-contractor and not the representative.
4. Architectural services offered by 3D Swiss View Sàrl
Chapter 4 only concerns our services dedicated to architecture and building surveys
We offer different types of digitisation, which are presented on our website (www.3dscanbat.ch), depending on the Customer's needs.
The Customer should be aware that, depending on the technique used and the desired scale, the degree of accuracy of the digitisation may vary. Furthermore, certain scans are only possible under certain conditions.
It is therefore the Customer's responsibility to communicate their expectations accurately, providing 3D Swiss View Sàrl with any useful information that could influence the desired digitisation.
In this context, the Customer shall take particular account of the following factors:
4.1 3D interior scanning
The 3D scanning of enclosed spaces is designed for rooms with an average minimum height of 160 cm for sub-roofs and 150 cm for level ceilings.
The Customer is responsible for ensuring the safety and accessibility of the premises.
The premises are digitised in their condition on the day of digitisation. We do not intervene in any way to modify the appearance and/or layout of the objects on the premises.
The quality of digitisation is not guaranteed when the premises are cluttered and therefore conceal architectural details, such as a window or door. The same applies when the premises are difficult or impossible to access (missing key, unauthorised access, etc.).
We inform the Customer when the conditions of the premises do not guarantee the quality of the scan. The Customer may accept the risk of errors, approximations or the fact that surfaces that have not been surveyed will not be scanned. Alternatively, once the cause of the problem has been addressed, the Customer may request a new scan.
Any further intervention will be billed at an additional rate of CHF 120.00 per hour, excluding travel costs and VAT.
4.2 3D external scanning
Our 3D scanning of exteriors requires the perimeter of buildings to be cleared beforehand. Trees, shrubs and undergrowth must be cut back to within 4 metres of the facades and must not touch the roofs; the grass must be cut back to the ground. Plants such as ivy, Virginia creeper or other vegetation covering walls must be uprooted or cut back close to the wall.
If the vegetation on the building hinders the quality of the scan, the Customer will be informed.
The Customer may accept the risk of errors, approximations or the fact that the surfaces not surveyed are not digitised. Alternatively, once the cause of the problem has been addressed, they can request a new scan.
Any further intervention will be billed at an additional rate of CHF 120.00 per hour, excluding travel costs and VAT.
4.3 Degree of accuracy of 3D scanning
As part of a standard digitisation process, the final renderings may be approximated by a few centimetres, depending in particular on the specific technical constraints encountered on site.
In the event of specific precision requirements, the Client must provide us with precise specifications defining the desired tolerance levels for each element. Once accepted by 3D Swiss View, the specifications become an integral part of the Contract.
In the absence of precise specifications, 3D Swiss View cannot guarantee accuracy beyond the few centimetres tolerated for standard digitisation.
4.4 Degree of accuracy of the 2D plan, 3D model or BIM model
The degree of accuracy of a 2D plan, a 3D model or a BIM model may differ from the degree of accuracy of a 3D scan. Plans and models often involve simplifications in their rendering compared with the reality on the ground.
In the event of specific precision requirements, the Client must provide us with precise specifications defining the desired tolerance levels for each element. Once accepted by 3D Swiss View, the specifications become an integral part of the Contract.
In the absence of precise specifications, 3D Swiss View cannot guarantee accuracy beyond the few centimetres tolerated for standard digitisation.
4.5 2D plans and 3D model graphic chart
Our graphic charters are presented in a standardised format that is the same for all our customers.
If the Client requires a personalised presentation, a specification setting out the Client's expectations will be drawn up in agreement with the Client. Once accepted by 3D Swiss View, the specifications will become an integral part of the Contract.
5. Submission of deliverables
Under the term Available at The term "product" refers to the product(s) that We deliver to the Customer at the end of the project. This may include technical documents, files in DWG, PDF, PLA, RVT or e57 format, links to applications, or archival files.
In principle, the Contract specifies the Deliverables that will be delivered to the Customer. Unless otherwise specified, Deliverables are supplied exclusively in their digital format. We encourage the Customer to clearly specify the desired formats when placing the order.
Where the format requested by the Customer requires additional work, We reserve the right to charge a supplement, which will be specified in the Contract where applicable.
At the Customer's request, it is possible to obtain a printed version of the plans, subject to payment of a supplement which, where applicable, will be specified in the Contract.
5.1 Deadlines for delivery of Deliverables
The delivery times mentioned in the Contract are estimates only and shall not be binding on 3D Swiss View.
Although we do our utmost to deliver the Deliverables to the Customer within the estimated deadlines, certain circumstances beyond our control may cause delays.
In all circumstances, 3D Swiss View accepts no liability for any damage suffered by the Client as a result of a delay in delivery in relation to the estimates indicated in the Contract.
5.2 Inspection of deliverables and warranty for defects
Upon receipt of the Deliverables, the Customer must ensure that they comply with the Contract entered into with 3D Swiss View.
Any defects, discrepancies or problems with the Deliverables must be reported to 3D Swiss View in writing within ten days.. Failing this, the Customer is deemed to have accepted without reservation the deliverables sent to him..
In the event of a validly notified defect within the aforementioned period, We will deliver the Deliverables again free of charge, once the defect has been rectified.
Any other claim by the Client, in particular for cancellation, reduction or damages, is excluded. For the rest, and to the extent permitted by law, 3D Swiss View's liability is excluded for all types of indirect and consequential damages (e.g. loss of earnings, loss of business and turnover, unrealized savings or loss and alteration of data).
5.3 Saving and formatting deliverables :
All Deliverables specified in the order are stored for a period of 12 months from the date of delivery. During this period, We are able to return them to the Customer free of charge if required. After this period, although the files are saved, we do not guarantee their availability (degraded or obsolete files).
Prices
5.4 Agreed price
Prices are quoted in Swiss francs (CHF), including VAT. Only the prices indicated in the Contract are binding.
Unless otherwise specified in the Contract, the price corresponds to a lump sum covering all operations carried out by 3D Swiss View.
Hourly rates may be agreed with the Customer. In this case, the Contract must expressly mention this.
5.5 Modification of the fixed price
In the case of a fixed price, this is determined on the basis of the information provided by the Customer.
Consequently, if essential information (e.g. if the number of floors is different from that announced or other) increasing by more than three hours the time required to perform the contract is communicated or revealed at a later date, We reserve the right to invoice the Customer, in addition to the agreed fixed price, an amount of CHF 120.00/per hour, excluding VAT and costs, from the first additional hour worked to perform the unforeseen service.
5.6 Payment terms
In principle, the invoice is sent to the Client when the deliverables are handed over. Unless otherwise specified in the Contract, invoices issued by 3D Swiss View are payable within ten days of receipt.
When our service forms part of a long-term relationship or consists of several distinct stages, the Contract specifies how often and under what terms invoices are sent to the Customer.
5.7 Late payment
If payment is not made within the stipulated period, the Customer will be deemed to be in default, without 3D Swiss View having to make any formal enquiries.
In this context, We may, at our sole discretion, send payment reminders to the Customer. A fee of CHF 20.00 may be charged for the second reminder and CHF 50.00 for the third reminder.
3D Swiss View may also entrust collection to third parties and has the right to assign the claim(s) on the invoice in question. In the event of transfer to a collection service provider, the costs of processing the collection shall be borne by the Client.
In all cases, 3D View Sàrl reserves the right to claim, in addition, interest on arrears of 8% per annum from the date of the Customer's default, as well as any additional damages, in particular the costs of legal proceedings or legal action.
6. Intellectual property rights
Our Deliverables are works within the meaning of the Federal Law of 9 October 1992 on copyright and related rights.
The Deliverables are intended for the Customer's private and/or professional use.
Unless otherwise specified in the Contract, intellectual property rights do not pass to the Client and remain the exclusive property of 3D Swiss View. In particular, the Client is not authorised to reproduce the Deliverables and/or sell them.
On the other hand, the Customer is authorised to publish the Deliverables on its Internet site or on its social networks, in particular within the framework of a property promotion, on condition that it has not made any modification to the Deliverables and that it adds in the caption, when Our logo is not visible, that we are the authors of the said Deliverable by simply mentioning: "©3D Swiss View".
7. Use of deliverables as exhibition models
We reserve the right to display certain deliverables that we have produced for our Customers on our website or in other media. In this case, the elements displayed are anonymised, so that it is not possible to determine the location or identity of the Customer.
Each Customer may, at any time, request that the deliverable exhibited be removed from our site or internet or from our media, if the exhibition creates an inconvenience for him or her or infringes on his or her privacy.
We invite Customers who refuse any exhibition of their property to mention this before the Quotation is drawn up.
8. Protection of personal data
We inform you that we collect personal data for the purposes of guaranteeing the performance of the Contract, compiling statistics on the use of our services and offering products tailored to our Customers.
The personal data that we store concerns your references (surname, first name, address, telephone number, e-mail address), correspondence and e-mails exchanged with us, as well as data relating to your use of our services and the www.3dscanbat.ch website (IP address, cookies, newsletter registration/unsubscription).
The person responsible for data processing can be contacted under: 3D Swiss View Sàrl, Rue du Mont 2, 1920 Martigny, contact@3dswissview.
9. Disputes - applicable law
The relationship between 3D Swiss View Sàrl and the Customer is governed exclusively by Swiss law.
All disputes arising from a contract between 3D Swiss View Sàrl and a Customer are subject to the jurisdiction of the Commune of Martigny when the performance of the Contract takes place or was planned in the Canton of Valais, and of the Commune of Nyon in all other cases.