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GENERAL TERMS AND CONDITIONS

1. Terms of use

1.1. This website is operated by VAN DER BAUWEDE, Geneva, Switzerland.

1.2. These Terms of Use (along with the documents referred to therein) tell you the terms of use under which you can use our website www.vdbshop.ch, whether as a guest or as a registered user. Use of our website includes accessing, browsing, downloading, or registering.

1.3. These terms of use refer to the following additional terms, which also apply to your use of our website.

1.4. Our privacy policy sets out the conditions under which we process the personal data that we collect from you or that you provide to us. By using our website, you consent to such processing, and you warrant that all data provided is accurate.

1.5. Our cookie policy sets out information about cookies on our website.

1.6. If you purchase products from our website, our terms of sale will apply.

2. Account, identification code, username and password are affected.

2.1. If you choose or receive a user identification code (i.e., username), password or other information as part of our registration and / or security procedures, you must treat this information confidentially and must not disclose them to a third party.

2.2. We have the right to deactivate at any time any user identification code or password, chosen or assigned, if you have not complied with any of the terms of use.

2.3. If you suspect that someone other than you know your ID or password, you should promptly notify us at sales@vdb.ch.

3. Content

3.1. We grant you a non-exclusive, non-transferable license to use information on our website (“Content”).

3.2. You cannot:

  • Use or copy the content for commercial purposes other than for use in your capacity as a consumer;

  • Sell, transfer, sub-license, distribute, reproduce, modify, alter or create derivative works from the Content;

  • Remove or modify proprietary notices or embed content.

3.3. The trademarks, graphics and logos used on or in connection with our website belong to us. You are not authorized to use these marks and any unauthorized use is strictly prohibited.

4. Obligations

4.1. You must not:

  • Copy, print or otherwise reproduce any content, except to the extent permitted by these terms of use;

  • Make any part of the Content available to anyone, except to the extent permitted by these terms of use;

  • Modify any part of the content;

  • Contribute any content through our website that contains the personal data of another person.

4.2. You acknowledge and agree that we and our licensees own all intellectual property rights in the Content and, except as expressly stated in these terms of use, these terms of use do not grant you any rights in, or over, patents, copyrights, database rights, trade secrets, trade names, trademarks (registered or unregistered) or any other right or license in reference content.

4.3. You are responsible for configuring your information technology, computer programs and platform to access Content.

4.4. You must not create a hyperlink to our website:

  • for unfair or illegal purposes;

  • Who damages or takes advantage of our reputation;

  • Which suggests any form of association, endorsement, or approval on our part where none exists.

 

5. Warning

5.1. We make no warranties or assurances to you and all implied warranties and conditions are excluded to the fullest extent permitted by law. We do not warrant that the Content will be free from errors, that defects will be corrected, or that our website or the server that makes it available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use, or the results of the use, of the materials on our website in terms of their accuracy, correctness, reliability or otherwise. You (and not us) bear the entire cost of any necessary service, repair, or correction.

5.2. Our website may contain links to third party websites, such as the websites of our advertisers and affiliates. These links are provided for convenience only and, to the fullest extent permitted by law, we accept no responsibility for these websites, or for any material or information available on these sites. Please note that these websites have their own privacy policies, and you should check them before submitting any personal data to these websites.

6. Data protection

6.1. We may collect and process the personal information you provide by filling out forms or purchasing goods or services from our website.

6.2. We may also collect and process details of your visits to our website and the resources you access.

6.3. Nothing in these Terms of Use excludes or limits our liability with respect to any products you purchase from us (please see our Terms of Sale).

6.4. This clause sets out our full financial responsibility (including any liability for the acts or omissions of our employees, agents, contributors, consultants, and contractors) to you with respect to any violation of these terms of use, any use you make of the Content, any tortuous representation, statement or act or omission (by negligence or otherwise) arising out of or in connection with these Terms of Service.

6.5. Nothing in these terms of use excludes our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

6.6. We will have no liability in contract, tort (including negligence or breach of a legal obligation), misrepresentation, restitution or otherwise, arising from the performance or intended performance of these Terms of Use, except to the extent that this liability cannot be limited or excluded by law. You acknowledge this limitation is reasonable.

6.7. Under this clause, “our liability” includes any company in our group and our respective agents, employees, contributors and consultants and contractors. “You” includes any other party claiming through you. “Loss or damage” includes any loss, damage, cost or expense whatsoever or in any way arising out of the content, whether under these terms of use or other agreement or as a result of any misrepresentation, inaccuracy or act or omission, including negligence.

7. Variations

7.1 We may revise the Terms of Service at any time by modifying this section of our website. You are encouraged to visit this page from time to time to review any changes we could have made, as they are binding on you.

8. General provisions

8.1. If any provision (or part of a provision) of these Terms of Service is held to be invalid, unenforceable, or unlawful by a competent court or administrative body, the other provisions will remain in effect. If an invalid, unenforceable or illegal provision would be valid, enforceable, or legal if any part of it were deleted, the provision applies with any modification necessary to give effect to the business intention of the parties.

8.2. Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

8.3. These terms set out our entire agreement with respect to your access and use of our website and the Content.

8.4. Swiss law governs those terms of use.

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