TERMS AND CONDITIONS
This website is operated by William Thomi. In this website, the terms "we", "us" and "our" refer to William Thomi. William Thomi provides this website, including all information, tools and services available to you, the user, subject to your acceptance of all terms, conditions, policies and notices set forth herein.
By visiting this website and/or purchasing one of our products, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions", "Terms and Conditions"), including additional terms, conditions and policies referenced herein and/or accessible via hyperlink. These Terms and Conditions of Sale and Use apply to all users of this Site, including but not limited to, users browsing the Site who are sellers, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not accept all of the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools that will be added to this store in the future will also be subject to these Terms and Conditions of Use. You can view the latest version of the Terms and Conditions of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if any changes have been made. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE STORE
By accepting these Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, nor shall you, by using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).
You shall not transmit any worms, viruses or other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.
ARTICLE 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to deny access to the Services to anyone, at any time, for any reason whatsoever.
You understand that your Content (excluding your credit card information) may be transferred without encryption, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to or contact on the website through which the Service is provided, without our express prior written consent.
The headings used in this Agreement are included for your convenience, and will not limit or affect these Terms.
ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 - CHANGES TO SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (and any part or content of the Service) at any time without notice.
We shall not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online on our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear in our store. We cannot guarantee that the display of colors on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to anyone in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and prices are subject to change at any time without notice at our sole discretion. We reserve the right to stop offering a product at any time. Any offers of services or products on this site are void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other goods obtained or purchased by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from the same customer account, credit card, and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you via the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, may appear to be from merchants, resellers or distributors.
Customer agrees to provide current, complete and accurate order and account information for all orders placed through our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please see our Return Policy.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no monitoring, control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any approval. We shall have no legal liability arising out of or in connection with your use of these optional third party tools.
If you use optional tools offered on the Site, you do so at your own risk, and you should consult the terms and conditions under which such tools are offered by the applicable third party vendor(s).
We may also offer new services and/or features on our Site (including new tools and resources) in the future. These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include material from third parties.
Third party links on this site may redirect you to third party sites that are not affiliated with us. We are under no obligation to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, sites, products, services or other materials accessible on or from such third party sites.
We are not responsible for any harm or damage in connection with the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third party sites. Please read the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns or questions regarding these third parties' products should be directed to the same third party.
ARTICLE 9 - USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS
If, at our request, you submit specific content (for example, to participate in contests), or if without our request, you submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by post, or otherwise (collectively, "Comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments you submit to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of others, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive, or obscene content, nor will they contain computer viruses or other malicious software that may in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to deceive us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and for their accuracy. We take no responsibility and are not liable for any comments you or any third party post.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our website or the Service that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or any related website is inaccurate, at any time without notice (including after you have placed your order).
We have no obligation to update, modify or clarify any information on the Service or any related website, including but not limited to pricing information, except as required by law. No fixed date for updating or upgrading on the Service or any associated website shall be considered to conclude that the information on the Service or any associated website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to the prohibitions set forth in the General Conditions of Sale and Use, you are prohibited from using the website or its content: (a) for illegal purposes; (b) to induce others to do or participate in illegal acts; (c) to violate any state, federal, provincial or international law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, offend, defame, libel, slander, denigrate, intimidate, or discriminate against any person on the basis of sex, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to present false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in a way that impairs the functionality or operation of the Service or any related, independent, or Internet website; (h) collect or track the personal information of any third party; (i) to spam, phish, hijack a domain, extort information, browse, search or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.
ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or make any representations that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that any results that may be obtained through use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time without notice.
You expressly agree that your use or inability to use the Service is your sole responsibility. The Service and all products and services provided to you through the Service are (unless otherwise expressly indicated by us) provided to you "as is" and "as available" for use without representations, warranties or conditions of any kind, express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall William Thomi, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors be liable for any damages, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, lost data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of the use of any service or product on the Service, or with respect to any other claim related in any way to the use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of doing so. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the fullest extent permitted by law.
ARTICLE 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless William Thomi, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents referenced therein, or your violation of any law or the rights of a third party.
ARTICLE 15 - SEVERABILITY
In the event any provision of these Terms and Conditions of Sale and Use is held to be illegal, invalid or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any remaining provisions.
ARTICLE 16 - TERMINATION
The obligations and liabilities incurred by the parties prior to the date of termination shall survive for all purposes.
These Terms and Conditions shall be effective unless and until terminated by you or otherwise. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all sums due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other operating policies or rules that we post on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.
ARTICLE 18 - APPLICABLE LAW
These General Conditions of Sale and Use and any separate agreement whereby we provide you Services shall be governed by and construed under the laws in effect at Av. des Alpes 72, 1820 Montreux
ARTICLE 19 - CHANGES TO THE GENERAL TERMS OF SALE AND USE
You may consult the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our website. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 - CONTACT DETAILS
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at firstname.lastname@example.org.