yourBRAND.biz TERMS & CONDITIONS
These Terms and Conditions consist of the following sections: 1. Introduction; 2. The Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as policy, set of terms or document to which a link has been provided herein (collectively “Terms & Conditions”; “Ts&Cs”).
www.yourBRAND.biz (the “Website”) is operated by or on behalf of swiss trade international GmbH, Sattlershaus, 3457 Wasen i.E. Switzerland. If you place an order through this Website, upon confirmation that such order is accepted a contract of sale will be executed between you, the company you represent and swiss trade international GmbH, based in KANTON BERN, Switzerland, which will be governed by these Ts&Cs and specifically by the Purchase Terms mentioned below. (hereinafter together referred to as “yourBRAND/swiss trade international GmbH/swiss trade/we/us/our”).
swiss trade international GmbH is the mother and operating company of the website www.yourBRAND.biz that runs the shop for merchandising purposes.
2. PURCHASE TERMS
Please read these Purchase Terms carefully before ordering Products online from the Website.
2.1 WHEN DO THESE PURCHASE TERMS APPLY?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by us. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website, (ii) order anything at any web page directly connected to the Website or (iii) when you accept an offer from us. It is only possible to deviate from these Purchase Terms if agreed in writing by us.
We have different types of products. This may include products fully designed and created by us (“Standards Products”) – and products that, although designed by us, may be customized or modified by you by selecting materials, colors or such other customization to your liking (“Customized Products”), jointly “Products”.
Please note that in the case of custom label/production, limited editions/productions extra restrictions such as limiting the number of such Products per customer may apply. These extra restrictions will be made known to you via the Website. Also in case of private label production there is no return warranty for you/your company whatsoever.
All Products shown on the Website are subject to availability. This means that, although we strive to ensure our Website reflects the availability of stock, a Product shown on the Website may no longer be available for purchase.
Minor differences in color and other variations in Products are possible as a result of different image acquisition, display technologies or other production and technical reasons. swiss trade is not liable for these variations and deviations. No rights can be derived from typing errors, product descriptions or manifest errors on the Website.
2.3 REQUIREMENTS TO CONCLUDE A CONTRACT WITH SWISS TRADE INTERNATIONAL GMBH
You have to be 16 years of age or older to buy Products via the Website.
You can order on the Website if you are a consumer or a re-seller.
You guarantee that the information you provide to us in the request or order is accurate and complete.
2.4 HOW IS A CONTRACT CONCLUDED WITH YOU?
2.4.1 General Aspects of Contract Formation
The following applies to all types of products. All information on the Website is an invitation to treat only. In other words, the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
All orders submitted by you are subject to acceptance by us. We are entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If we do not confirm acceptance of your order within ten working days, it is deemed to have been refused.
We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
a. If Product(s) are shown on the Website but are not or no longer available;
b. If we are unable to obtain authorization of your payment;
c. If shipping restrictions apply to a Product;
d. If Product(s) shown on the Website contain a (manifest) error such as being incorrectly priced or otherwise incorrectly described.
In the event that we do not accept (part of) your order we shall be entitled to cancel (part of) your order without incurring any liability towards you or a third party. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
We reserve the right to cancel your order after the creation of the contract of sale, thereby terminating the contract of sale, for the reasons stipulated in this section 2.4.1. under headings a through d above. Following the cancellation we will of course provide you with a refund for the amount paid to us under the cancelled (part of the) order.
swiss trade has and fully reserves the right to refuse to accept any order that it knows or reasonably suspects was made with the assistance or involvement of any software, robot, crawler, spider or other automated means or device.
2.4.2 Special Aspects of Contract Formation for Standard Products
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Standard Products you have offered to purchase and details of any delivery services. Acceptance of your order and the formation of a contract of sale of the Standard Products between you and us will not take place unless and until either:
a. you/your company receive a confirmation from us that the Standard Products have been shipped to you from our warehouse; or
b. you/your company receive a confirmation from the carrier that the Standard Products are ready for you to pick up if you have chosen to pick up the Standard Product(s) at a carrier office or the carrier has stored the Standard Products at the pickup location; or
c. you/your company receive a confirmation from us that the Standard Products are ready for you to pick them up at the selected yourBRAND location, in the event you have chosen to collect the Standard Products you ordered and paid for on the Website at a pre-set and agreed location (Click & Collect).
Please note that the Click & Collect functionality available on the Website in your country, may not include the option for you to order and pay for the Standard Product on the Website (as described under clause 2.4.2 c), but give you the option to reserve a Standard Product on the Website and to then buy and thus pay for it in a yourBRAND partner store. This Click & Collect reservation is only possible in selected regions as indicated during the checkout process on the Website. If you buy the reserved product, you are concluding a purchase agreement with our partner retailer of your choice locally. This means that you can only return the Standard Product(s) to the same store you bought it from, subject to the return policy of that store. Therefore sections 2.13, 2.14 and 2.15 below do not apply because they apply only to the return of Standard Products purchased through the Website.
2.4.3 SPECIAL ASPECTS OF CONTRACT FORMATION FOR CUSTOMIZED PRODUCTS
Once you have placed your order for Customized Products (including branded items and products), we will send you an order confirmation email. Except where the provisions of section 2.4.1 apply, acceptance of your order and the formation of a contract of sale of Customized Products between you/your company and us will take place when you/your company receive the order confirmation email.
2.5 RETENTION OF TITLE
All Products will remain the property of swiss trade international GmbH until you have paid all amounts owed to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.6 MAINTENANCE OF PRODUCTS
We draw your attention to the washing and maintenance instructions printed on the labels of the Products. We are not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.7 ORDER CANCELLATION
Notwithstanding your right of withdrawal, it is possible, under limited circumstances, to cancel your order for Standard Products. Please see Help section of the Website for more information.
The stated prices include local VAT. Prices are quoted in EUROs (EUR). swiss trade reserves the right to make price changes prior to an order placed by you.
We reserve the right to change, limit or terminate any special offers or discounts at any time.
We may charge delivery costs. The delivery costs vary for each Product and type of delivery. For further details, please see section 2.12 or go to the Delivery section of the Website. Any delivery costs will be charged separately, itemized and added to the total amount of the order.
2.9 METHODS OF PAYMENT
Please check the Website for information on available payment methods.
swiss trade reserves the right to conduct an individual credit check for each order in accordance with the swiss trade international GmbH Privacy Statement. Depending on the results of this check, swiss trade reserves the right to refuse certain methods of payment.
Generally speaking we accept pre-payment conditions only. In some instances with clients that are served by us long-term and that have continuously a positive payment attitude, we may provide a credit line. No rights on such a credit line can be hold against swiss trade and swiss trade reserves the right to cancel and abandon such a credit line at any time, for which immediate settlement by you/your company needs to exercised.
Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
2.11 SPECIAL ASPECTS OF CUSTOMIZED PRODUCTS
To customize your Customized Product and make it personal you can add your own text. You can add your name, select a player and number or be as creative as you like. Please keep it decent. We reserve the right to remove inappropriate language and use of brand names. Also keep in mind that some special characters are not supported by our system.
We kindly request you not to use, upload, submit, copy or otherwise make public any names, words or phrases which:
a. consist of or contain the name of a product, service, company, organisation or event which belongs to someone else;
b. consist of or contain the name or nickname of a famous person (living or dead);
c. infringe or may infringe third party trademarks or other intellectual property rights;
d. are threatening, incite violence, are defamatory, obscene, discriminatory, inflammatory, sexually explicit or otherwise unlawful; and/or
e. are otherwise unacceptable to swiss trade in its sole discretion.
swiss trade reserves the right to reject any customization, names, words or phrases (or combinations thereof) which fall into any of the above categories. This will result in your order being cancelled. Further, swiss trade will be entitled to claim compensation equal to the value of the Products ordered.
Note that by placing your order for your Customized Products, you:
a. represent and guarantee that any names, words or phrases you use, upload, submit, copy or otherwise make public for use on your Customized Product do not fall into any of the above categories;
b. agree to indemnify swiss trade and its affiliated companies and keep swiss trade and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by swiss trade or its affiliated companies as a result of the use of any names, words or phrases used, uploaded, submitted, copied or otherwise made public by you (including use on your Customized Product);
c. grant to swiss trade and its affiliated companies a non-exclusive, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, disclose and modify the names, words or phrases submitted by you for the purposes of fulfilling your order; and/or
d. insofar as the order involves Customized Products you will not have any cooling-off period, right of revocation, right of return or right of withdrawal (Section 6:230p under f, subsection 1˚ of the Dutch Civil Code).
We will deliver to the address indicated by you globally. We can only deliver to a home or office address or a carrier pickup location or if you have chosen to collect the Products from a swiss trade partner store, to the address of the relevant partner store. We will confirm this to you by an email when informing you that the Products are ready for you to pick up. If a delivery attempt is unsuccessful, you agree that the carrier we have engaged for the delivery may also deliver the Products to a neighboring/nearby address or pick-up point, after which swiss trade is deemed to have met its obligation to deliver the Products. The carrier will notify you of the delivery to the neighboring/nearby address or pick-up point.
Shipment of orders will take place on business days, not being a public holiday in the area in which our warehouse is located. Therefore, please, take into account any public holidays including any national and/or regional holidays in your country of residence and in The Netherlands. Deliveries will be made on business days, not being a public holiday in your country. Note that public holidays may vary per country and per year.
For detailed information about delivery periods, please check the specifications for the different types of delivery on the Deliverysection of our Website. Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Notwithstanding this, in case of the unlikely event of delay in an Express delivery, we may, at our discretion, refund to you the full cost of Express delivery. Note that Customized Products have different delivery periods. This means that your complete order of Standard Products and Customized Products will take longer to deliver. However, swiss trade Customized Products will be delivered separately from any other Products you may have ordered, and will take approximate 10/12 weeks to be delivered after order acceptance from our side.
swiss trade is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that we deliver in parts, we may charge you for extra delivery costs. Each split order shall constitute a separate contract of sale. If we are late delivering a part or one split order is faulty, that will not entitle you to cancel any other part of split order.
In the unlikely event that after entering into the contract of sale, we cannot, could not or can no longer deliver (part of) your order and are not responsible for this situation, we will be entitled to terminate the contract of sale. We will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.13 RETURNS and WITHDRAWAL POLICY
For practical information and the instructions for returning Standard Products please see the Return section of the Website.
In the event that you have a right to withdraw from a contract of sale with us (and thus return your Standard Product(s)) in accordance with Sections 2.14 or 2.15, the following conditions apply.
Notification of Withdrawal and Return of Products
To exercise your right of withdrawal it is mandatory for you to inform us (swiss trade international GmbH (CH), c/o swiss trade Customer Service, Withdrawal Department, contact@yourBRAND.biz) submitting a clear declaration (e.g. a letter sent by an email) stating your decision to withdraw from the contract of sale. You can use the sample withdrawal form attached as Appendix 1 to these Terms and Conditions, oral agreements have no legal right, written withdrawals are mandatory. If you use this option, we shall confirm receipt of order withdrawal via email.
To meet the withdrawal period deadlines specified in Sections 2.14 and 2.15 you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the relevant withdrawal period.
After acceptance for withdrawal from our side we will provide you with a European/Swiss address to return the products to:
The easiest and our preferred way to return your products is to follow the steps in the Return section of the Website, because this both returns the products and notifies us of your desire to withdraw from the contract of sale in one go.
Even if you return your Products by following the above instructions, we shall not bear the costs of returning the Products. In some cases you can request the carrier pick up the parcel for return but this may result in an extra cost charged to you by the carrier. Returns not made in accordance with the instructions set forth above shall be at your own risk and at your expense.
We shall notify you via email once we have received and processed the returned Product(s). swiss trade reserves the right to charge its received costs for all returns not made in accordance with the return instructions, plus a general fee of EUR25.- for administration costs.
Please note that special provisions apply for Customised Products as these have been designed specifically for you. This means that (without this affecting your statutory rights) we cannot accept returns of these under the Voluntary Returns Guarantee, unless they have manufacturing defects.
2.14 Statutory Right of Withdrawal
You have the right to withdraw from this contract within fourteen (3) days without giving any reason. This right does not apply to customized products, where a no-return policy is handled unless they have manufacturing defects.
The withdrawal period shall be three (3) days from the date you, or a third party named by you, who is not the carrier, have/has taken possession of the Products, or, where your order contained multiple Products which will be delivered separately, delivery of the final Product(s) making up your order (“Withdrawal Period”).
To meet the withdrawal period deadline you will need to notify us about the fact that you are exercising your right of withdrawal before the expiry of the withdrawal period.
You must send back or submit the Products immediately after, but in any event no later than three (3) days from the date on which you inform us about the withdrawal from the contract of sale, in accordance with the Returns and Withdrawal Policy in section 2.13 and in suitable packaging. This deadline shall be deemed met if you send the Products before this deadline expires.
If you withdraw from a contract of sale during the Withdrawal Period in accordance with our Returns Policy (Section 2.13) and this Section 2.14, we shall reimburse all payments we received from you, excluding delivery charges (provided the returned Standard Product(s) represent(s) the complete order and with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available), at the latest within five (5) days from the date on which the notification of withdrawal of this contract has been received by us. For this repayment we shall use the same method of payment that you used making the original transaction, unless we arrange a different method with you; you may be charged fees for such repayments under circumstances that we receive costs from third parties reimbursing you/your company. We may withhold reimbursement until we have received the returned Products, it is your/your company’s obligation to insure damage and/or loss of returned goods. swiss trade cannot be hold liable for damaged and/or loss of goods that are returned.
You only have to pay for any diminished value of Products if this diminished value is due to improper handling on your behalf while ascertaining the nature, characteristics and functioning of the Products.
Exceptions to your right of withdrawal
You do not have a right of withdrawal, whether pursuant to Section 2.14 or Section 2.15, for contracts regarding the:
delivery of products that are made to your own specifications or which are clearly tailored to your personal needs (Customized Products); and/or
delivery of Products which are not suitable to be returned for health or hygiene reasons and where a seal was removed after delivery.
2.15 Voluntary Return Guarantee in addition to your Statutory Right of Withdrawal
In addition and without prejudice to your right of withdrawal pursuant to Section 2.14 (and any other applicable statutory rights), we grant you an additional Voluntary Return Guarantee. This allows you to withdraw from the contract of sale, without specifying any reasons, for an additional 3 days beyond the Withdrawal Period, so a total return period of 6 days (“Voluntary Return Period”), as a contractual right of withdrawal with respect to a Standard Product.
Please note that the Voluntary Return Period does not apply to Standard Products that are considered to be hype Products. Hype Products are products greatly demanded in market places in which we operate and therefore we can easily find another customer for your product. In the process of ordering these hype Products we do not necessarily have to communicate to you that the Withdrawal Period of 3 days applies.
We offer this Voluntary Return Guarantee during the Voluntary Return Period subject to the provisions of our Returns and Withdrawal Policy (Section 2.13) and the following conditions.
The Standard Product(s) must have not been used or damaged beyond normal inspection use and must be returned in its original packaging. Returns of clothing items can only be accepted if the original label has not been removed (none of the aforementioned affect your legal statutory rights as described above, in particular your warranty rights and your right of withdrawal pursuant to Section 2.14).
We must be in receipt of the Standard Product(s) you are returning prior to the end of the Voluntary Return Period.
We reserve the right to reject the return and shall not give any compensation under this Voluntary Return Guarantee for returned Standard Products that do not comply with these conditions.
If you withdraw from a contract of sale during the Voluntary Return Period, in accordance with our Returns Policy (Section 2.13) and this Section 2.15, we will reimburse all payments we received from you, excluding delivery charges (provided the returned Standard Product(s) represent(s) the complete order and with the exception of any additional charges arising from the fact that you chose a different method of delivery to the cheapest standard delivery offered by us, where available) within three (3) days after our receipt of the Standard Product(s). For this repayment we shall use the same method of payment that you used making the original transaction if not communicated differently and you may be charged for any fees we encounter in the process for such repayments.
2.16 RETURN RELATED TO CUSTOMIZED PRODUCTS
As explained in section 2.13, since Customized Products are created just for you, we do not accept returns of Customized Products except in the case of manufacturing defects. If your Customized Product has a defect please contact us here for return instructions.
2.17 EXCHANGE POLICY
It may be possible to exchange your Product (“Original Product”) for another Product (“New Product”) under certain conditions fully at our discretion. Exchange is always subject to stock availability. The Original Product must be returned in accordance with our return policy set out in sections 2.13-2.15. If you do not return the Original Product in accordance with our return policy, we may not refund you (fully) or charge you for the New Product. The price of the New Product may differ from the price of the Original Product, please be aware that the price of the new product and/or applicable taxes may have changed. The order of your New Product is subject to the same terms regarding returns (see section 2.13-2.15) and contract formation as the order of your Original Product (see section 2.4), understanding that the order of the New Product will – mutatis mutandis – be treated as an order made on our Website. Please check our FAQ’s for more information on order exchange.
2.18 DAMAGED OR DEFECTIVE PRODUCTS
For swiss trade, quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. swiss trade has a legal obligation to make sure that our Products are conform to the contract of sale.
Returned Products are inspected by the swiss trade Quality Assurance Department and refunded if the damage is the result of a manufacturing defect or deviation from factory specifications. We undertake to fully refund the cost of any defective Products.
If the problem was caused by reasons other than materials quality or assembly process, the original Product is returned to you. We do not refund Products:
a. obtained from a source other than the Website;
b. that have been damaged by abuse or negligence (e.g. wrong handling, exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.); and/or
c. that have been damaged by misuse or activities other than the intended purpose.
Please note the life expectancy of any Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
Our Customer Service team is available to assist you. Please don’t hesitate to contact us with your questions and comments. Contact us here contact@yourBRAND.biz.
3. USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any swiss trade content on social media websites, including without limit Facebook and Twitter (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 CONTENT ON THE WEBSITE
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by swiss trade, its affiliated companies, customers, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with swiss trade, no portion or element of the Website or its Content may be copied or re-transmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of swiss trade, its affiliated companies or its licensors unless otherwise expressly agreed in written form. All such rights are reserved.
3.2 COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains owned by swiss trade, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of swiss trade. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by swiss trade. swiss trade does not transfer title to the Software to you. You own the medium on which the Software is recorded, but swiss trade retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of swiss trade, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of swiss trade, its affiliated companies, its customers or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without swiss trades’ prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between the Website and any other internet websites, or traditional print media is prohibited without the express written consent of swiss trade.
3.3 DISCLAIMER OF WARRANTIES
The Website and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice.
swiss trade does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, swiss trade will not provide for specific IT infrastructure or connectivity. Thus swiss trade cannot represent or warrant the Website will be uninterrupted or error free. swiss trade does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.4 LIMITATION OF LIABILITY
Your use of the Website is at your own risk. Neither swiss trade, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if swiss trade has been advised of the possibility of any such damages.
3.5 LINKS TO THIRD PARTIES
3.6 MISUSE OF THE WEBSITE
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. swiss trade may deny you access to the Website at any time in its sole discretion, and which shall include situations where swiss trade believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person’s use of the Website or to help facilitate any third party to purchase any product on the Website.
You may not attempt to gain unauthorized access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorised means.
3.7 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials (including your personalisation of Customized Products) that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, swiss trade shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that swiss trade only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. swiss trade shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall swiss trade be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of swiss trade. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep swiss trade and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by swiss trade or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
swiss trade reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which swiss trade believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to swiss trade.
You agree to promptly notify swiss trade in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to swiss trade sufficient information to enable swiss trade to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. swiss trade agrees to make good faith efforts to investigate such complaint and shall take such action as swiss trade in its sole discretion decides. However, swiss trade does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
3.8 UNSOLICITED IDEAS
swiss trade maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to swiss trade business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to swiss trade. You should therefore not post any Materials on the Website or send these to swiss trade by e-mail or otherwise.
4.1 HOW CAN YOU CONTACT US?
If you have any questions or comments about the Website or the swiss trade Terms and Conditions or in the unlikely event that you wish to make a complaint please don’t hesitate to contact our Customer Service by sending an email to contact@yourBRAND.biz.
In case of contradiction between swiss trade Terms and Conditions and any content contained in other parts of the Website or in links, swiss trade Terms and Conditions contained in this document prevail.
4.3 AMENDMENTS TO THE SWISS TRADE TERMS AND CONDITIONS
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the swiss trade Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).
Please check the swiss trade Terms and Conditions periodically for changes.
4.4 DATA PROTECTION
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement.
Each provision of the swiss trade Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these swiss trade Terms and Conditions.
4.6 SUB-CONTRACTING AND ASSIGNMENT
swiss trade reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under swiss trade terms and conditions provided that your rights under swiss trade terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the swiss trade terms and conditions without our consent in writing.
4.7 Events beyond reasonable control
swiss trade will be not held responsible for any delay or failure to perform or comply with our obligations under the swiss trade terms and conditions when the delay or failure arises from any cause which is beyond swiss trade’ reasonable control.
4.8 APPLICABLE LAW AND JURISDICTION
The swiss trade Terms and Conditions shall be governed by the laws of Switzerland, KANTON BERN. Swiss law applies to the sales contract, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). This does not affect the applicable mandatory rights under the law of your country of residence.
You may bring any dispute which may arise under these Terms and Conditions to – at your discretion – the competent court of KANTON BERN, Switzerland. swiss trade shall bring any dispute which may arise under these Terms and Conditions to either the competent court of KANTON BERN, Switzerland or the competent court of your country of habitual residence if this is in an EU Member State or otherwise the competent court of Amsterdam, the Netherlands.
4.9 INFORMATION REGARDING BATTERIES
Some of the Products sold by swiss trade contain batteries.
Batteries and rechargeable batteries that contain hazardous substances are clearly identified bearing the symbol of a crossed-out dustbin. The chemical designations of the corresponding hazardous substances may be indicated under the symbol of the crossed-out dustbin. Examples include (Pb) lead, (Cd) cadmium and (Hg) mercury.
Old batteries and rechargeable batteries must not be disposed of with normal household waste. These can be handed over free of charge to a community point of collection or a shop.
Version September 2019
APPENDIX 1 to these General Terms and Conditions
Sample withdrawal form
swiss trade international GmbH
I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods:
Ordered on*/received on*:
Name of consumer(s) and order number:
Address of consumer(s):
Date/Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.