1. Terms of Use
1.1. This website is operated by SWJM SA, 4 Bis Route des Jeunes, 1227 Acacias, Genève, Switzerland ("we") or ("us").
1.2. These terms of use (together with the documents referred to in them) tell you the terms of use on which you may make use of our website www.vdbshop.ch (“our website”), whether as a guest or a registered user. Use of our website includes accessing, browsing, uploading or registering to use our website.
1.3. These terms of use refer to the following additional terms (the “additional terms”), which also apply to your use of our website:
1.4.Our Privacy Policy, which sets out the terms on which we process any personal data 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 by you is accurate.
1.5. Our Cookie Policy, which sets out information about the cookies on our website.
1.6.If you purchase products from our website, our terms of sale will apply to the sale of our products.
2. Account, Identification code, username and Password
2.1. If you choose, or you are provided with, a user identification code (i.e. a username), password or any other piece of information as part of our account registration and/or security procedures, you must treat such information as confidential. You must not disclose it to any third party.
2.2. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use and the additional terms.
2.3. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at customerservice@vdbshop.ch.
3. Contents
3.1. We grant you, on the terms contained in these terms of use, a non-exclusive, non-transferable license to use the information on our website (the “Contents”).
3.2. You may not:
- Use or copy the Contents for any business-related purpose other than for use in your capacity as a consumer;
- Sell, transfer, sub-license, distribute, reproduce, modify, alter or create derivative works from the Contents;
- Remove or alter any proprietary notices from or embedded within the Contents.
3.3. The trademarks, graphics and logos used on or in connection with our website belong to us and/or our licensors. You are granted no rights to use such marks and any unauthorised use is strictly prohibited.
4. Obligations
4.1. You shall not:
- Copy, print out or otherwise reproduce any Contents except as permitted under these terms of use;
- Make any part of the Contents available to anyone except as permitted under these terms of use;
- Alter any part of the Contents;
- Contribute any content through our website which contains another individual’s personal data.
4.2. You acknowledge and agree that we and our licensors own all intellectual property rights in the Contents and, except as expressly stated in these terms of use, these terms of use do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Contents.
4.3. You are responsible for configuring your information technology, computer programs and platform in order to access the Contents.
4.4. You shall not create a hypertext link to our website:
- For a purpose that is unfair or unlawful;
- Which damages our reputation or takes advantage of it;
- Which suggests any form of association with, or approval or endorsement by us where none exists.
5. Disclaimer
5.1. We give you no warranty or assurance and all implied warranties and conditions are excluded to the maximum extent permitted by law. We do not warrant that the Contents will be error-free, 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 correctness, accuracy, reliability, or otherwise. You (and not we) assume the entire cost of all necessary servicing, 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 do not accept any responsibility for such websites, nor for any materials or information available on those sites. Please note that these websites have their own privacy policies and you should check these before submitting any personal data to any such websites.
6. Data protection
6.1. We may collect and process personal information that you provide by filling in 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 that you access.
6.3. Nothing in this these terms of use excludes or limits our liability in relation to products that you purchase from us (please see our terms of sale).
6.4. This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents, contributors, consultants and sub-contractors) to you in respect of:
- Any breach of these terms of use; - any use made by you of the Contents;
- Any representation, statement or tortuous act or omission (whether negligent or otherwise) arising under or in connection with these terms of use.
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 shall have no liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these terms of use, except to the extent such liability cannot be limited or excluded by law. You acknowledge that this limitation is reasonable.
6.7. Under this clause, “our liability” includes that of any company in our group and our and their respective agents, employees, contributors and consultants and sub-contractors, “you” includes any other party claiming through you and “loss or damage” includes any losses, damages, costs or expenses whatsoever or howsoever arising in connection with the Contents, whether under these terms of use or other agreement or in consequence of any misrepresentation, misstatement or tortuous act or omission, including negligence.
7. Variations
7.1 We might revise the terms of use at any time by amending this section of our website. You are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you.
8. General provisions
8.1. If any provisions (or part of a provision) of these terms of use is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
8.2. Our failure to exercise or enforce any right or provision of these terms of use shall not constitute a waiver of such right or provision.
8.3. These terms set out the whole of our agreement relating to your access to and use of our website and the Contents.
8.4. The Swiss law governs those terms of use.
