General Terms And Conditions Of Sale
Article 1 - Introduction – Identity of the seller
SMD Security Printing Sàrl is a company based in Saint Jean 10, 1260 Nyon, Switzerland, registered under the number CHE-462.499.780. Named in this terms as SMD. Icynote is a brand belonging to SMD Security Printing Sàrl and registered under the Swiss national registry 02282/2021 and protected worldwide. Products are sold from the following addresses only icynote.ch, icynote.com, icynote.de, icynote.group, icynote.kr, icynote.net, icynote.news, icynote.online, icynote.ru, icynote.shop, icynote.site
Article 2 - Orders
To order Products on this Site, you must be at least eighteen (18) years old and have the legal capacity to contract. Once you have selected the quantity and products type, follow the instructions of delivery, payment and check the accuracy of the order summary before clicking on the order button. A confirmation message will then be sent to you. When the Product(s) ship, you will receive a shipment confirmation together with the invoice. Please note that SMD may apply quantity limitations on orders made on this Site in its sole discretion.
Article 3 - Price and promotions
SMD reserves the right to modify at any time the price of any of the Products, being understood that the price actually charged will be that of the one in effect at the time of the order. Please note that the price displayed on the site may change based on your location. The displayed prices of the Products are exclusive of shipping costs, unless specifically specified on the Site. Shipping costs include the processing costs of the order and the delivery. They may vary according to the size, the weight of the package, the choice of the carrier and the delivery address and are individualized when placing the order. Finally, for deliveries outside the European Union, please note that some countries or states may apply customs duties, improve or taxes or other taxes, the payment of which is your exclusive responsibility. Therefore, when placing an order, it is your responsibility to ensure with the local authorities that you comply with any prior formalities and / or payment of duties and taxes of any kind related to the import of the products.
Article 4 – Payment
The prices that will be invoiced for the Products are those displayed on the checkout page of the Site when placing the order. The prices expressed in crypto currencies are those provided by our exchange rate provider at the time of the order. Payment must be made in advance, after 6 month of non payment the order is canceled.
Article 5 - Delivery
The Products are delivered to an address or can be picked up in Geneva/Switzerland. Depending on your delivery address, one or more transport service providers can be proposed with their respective rates. Upon receipt of your order, it is your responsibility to check the condition of the Product, its package, its packaging and contents, upon delivery or collection. Inform SMD of any defects before 15 days after this delay the product is considered accepted. SMD reserves the right to cancel your order and reimburse the purchase price to you, in which case the title to the Product(s) will transfer back to Ledger at the price you buy in CHF.
Article 6 – Return
I you order less than 100 units, you can return the Product to SMD before (14) days after reception without any question. If you order more than 100 there is no refund policy. In case of quality problem, you are not sure about the SMD seals during transportation, you must inform us upon arrival, we will reimburse you the price of the goods and or resend the order by another mean. There is not returning part of the order, you must return the whole order with its original packaging to have a full refund.
Article 7 - Warranties
SMD as a security printer, makes no specific commitment regarding the Product. Our company do not commit of a specific features available through the Products, their reliability, availability or suitability to your needs. We provide the icynote "as is". Even if the Icynote is protected by several technological innovations (3D feuil, special inks, micro-text, design, on site quantic creation of aleatory numbers and wallets), but in future the state of the technology may change over time and you must keep posted on Icytote.news site in order to evaluate the risk of owing cryptocurrency on old Icynote series as you do so for banknotes. After production a set of Icynotes are tested statistically and are considered compliant if the level of confidence is greater than 99.99 %. We guarantee the fact that the private key is the one that permits the use of the cryptowallet and any change of the design, colour, security labels would not be considered as a default as long as the private key is protected. For private users and up to 1000 units, SMD deliver with the Swiss Post AG, UPS, TNT, Fedex and or by SMD personal team. For financial institutions SMD works with Loomis International Schweiz AG, Ferrari SA and Brinks AG in order to deliver from our production site to the final customer site, the same way the international transport of funds are treated.
Article 8 – SMD liability
SMD disclaims any and all liability for loss of income, value or data, profits, or indirect, special, consequential, exemplary or punitive damages. The customer is solely responsible for the physical storage of his Icynote. The customer is solely responsible for the reading of the private key embedded in the Icynote. You can read and type the private key by hand or use a special application. For your security, SMD do not create any application that read, transfer cryptocurrency and any application that could contain our logo is not coming from our SMD. On our site, there is a “mode d’emploi” and videos showing how to read safely your cryptocurrency private key in complete security. To the fullest extent permitted by law, SMD's total liability for any claim arising from these terms, including any implied warranties, is limited to the amount you paid to purchase the product. In no event will ledger be liable for any loss or damage which has not been reasonably foreseeable. You expressly relieve SMD and employees from any and all liability and guarantee them against any claim, proceedings or legal action arising from or related to the use of the products or following a breach of these terms, including any liability and financial charge resulting from claims, losses or damages, proceedings and judgments, and legal and attorney's fees. Some countries do not allow the above-mentioned exclusions of liability if you are a consumer. You have to be aware of the law in your country and you are the only one liable for the compliance of your order with the law. If you don't fulfill the legal conditions regarding the law of your country, SMD cannot be liable or sued for the lack of compliance due to your negligence.
Article 9 – Copy
You may not copy the Icynote or part of it. You must not reproduce or permit any third party to reproduce any part of the Products and must not communicate to third parties any information permitting the reproduction of any part of the Products.
Article 10 – Personal Data
SMD do not keep a copy of the private or public key and do not collect personal data. In such a way that the pair Wallet-Client is not stored in our records. Mobody can proof that one wallet belongs to one person and SMD does not keep track of the total amount of wallets created, to who or wich country they were sold. If you, for personal purposes, need that the Wallet is register at your name, this can be done by a partner Notary company in Switzerland that charges for registration.
Article 11 - Compliance with Laws
By placing an order on the Site, you acknowledge and agree to not import, sell, or otherwise transfer Icynotes in violation of any applicable laws in you country and the delivery of Icynotes to you will not violate any laws or regulations in the country of delivery.
In some countries, you might need to be registered as import entities, financial institution, and/or obtain a specific importation license to import products with cryptographic technologies. By placing your order you confirm that you validated the import with the authorities and/or have the license the rights to do so in your country.
You also undertake not to import in one country and export to another country in order to hide or bypass a prohibited control or if you are lacking appropriate licenses or other governmental approval. If you do not fulfill the above conditions, you might expose yourself to legal proceedings from local authorities.
Article 12 – Dispute, arbitration and Mediation
Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers' Arbitration Institution and the Association for IT Dispute Resolution (ITDR) Recommendations for Arbitration, both in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules and Recommendations.
The number of arbitrators shall be One. The seat of the arbitration shall be Geneva. The arbitral proceedings shall be conducted in English. Notwithstanding the above, the parties may agree at any time to submit the dispute to mediation in accordance with the Swiss Rules of Mediation of the Swiss Chambers' Arbitration Institution and the Association for IT Dispute Resolution (ITDR) Recommendations for Mediation, both in force on the date on which the request for mediation is submitted in accordance with these Rules and Recommendations.
Notwithstanding the above, the parties may agree at any time prior to submitting the dispute to arbitration or mediation to submit the dispute to assessment by an expert opinion in accordance with the Association for IT Dispute Resolution (ITDR) Rules of Procedure for Expert Opinions in force on the date on which the request for assessment by an expert opinion is submitted in accordance with these Rules.
Article 13 - Miscellaneous
Except where otherwise provided:
In the event of any conflict between these General Terms and Conditions of Sale and any other document referred to herein, this document shall prevail.
In the event that any provision of these Terms is declared void or inapplicable, it shall be deemed to be replaced by a valid provision reflecting as closely as possible the objective pursued by the original provision. The other provisions shall not be affected and shall remain in full force and effect.
These terms constitute the entire agreement between the Client and SMD with respect to the orders initiated on this site via regardless of payment system or currency.
Article 14- Banks laws, financial regulations and embargos
In some countries, the Icynotes could be banned in case of bank runs, financial crisis, high inflation or for keeping foreign reserves in the country. By ordering in this site, you are aware that SMD is not responsible for any limitation on delivery or cross border impeachment.
If you leave in a country who is under embargo from United Nations, USA, etc. you must contact us directly before ordering in order to ask the Swiss Authorities if we can sale to your country without any risk and with the guarantee and insurance of exportation from Swiss Government. This is done case by case.
Article 15 – Anti money laundering
SMD is not submitted to the Anti Money Laundering control of institutions since we are not selling or buying and cryptocurrency nor making any transaction. If the fact that possessing several Icynotes in your country must be declared to financial authorities, you confirm that you are the sole responsible for doing so.
Article 16 – Investment
By ordering Icynotes in this site, you agree that we are not counseling to buy cryptocurrency and we can not be considered to be promoters of any cryptocurrency.