General terms and conditions

General terms and conditions ---- OVERVIEW This website is operated by Serinita Switzerland. Throughout the site, the terms "we", "us" and "our" refer to Serinita. Serinita offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting this website and/or purchasing any of our products, you accept our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "T&C"), including any additional terms and conditions and policies referenced and/or hyperlinked herein. These Terms and Conditions apply to all users of this Website, including but not limited to users who are browsing, sellers, customers, merchants and/or content creators. Please read these Terms of Sale and Use carefully before accessing or using our website. By accessing or using any part of this website, you agree to be bound by these terms. If you do not agree to all of the terms and conditions of this agreement, do not access or use the website or the services offered on it. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms. Any new features and tools added to the Shop in the future will also be subject to these Terms and Conditions. You can view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. If you continue to use or access the website after any changes have been posted, you agree to be bound by those changes. Our shop is hosted by Shopify Inc, who provide us with the e-commerce platform through which we can sell our products and services to you. ARTICLE 1 - TERMS OF USE FOR OUR ONLINE SHOP. By accepting these Terms of Sale and Use, you represent that you are of legal age in the country, state or province in which you reside and that you have given us your consent to allow minors in your care to use this website. You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws) by using the Service. You must not transmit any worms, viruses or other code of a destructive nature. Any violation of these Terms will result in immediate termination of your Services. ARTICLE 2 - TERMS AND CONDITIONS We reserve the right to deny access to the Services to any person at any time for any reason. You acknowledge that your Content (other than your credit card information) may be transmitted unencrypted, which includes (a) transmissions over various networks and (b) changes to accommodate technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service or access to the Service or any contact on the website through which the Service is provided without our prior express written permission. The headings used in this Agreement are for convenience only and do not limit or affect these Terms. ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION. We do not accept any responsibility for the accuracy, completeness or timeliness of the information available on this website. The content of this website is for information purposes only and should not be relied upon as the sole source of information for your decisions without first consulting more accurate, complete and up-to-date sources of information. This website may contain some older information. By its nature, this older information may not be current and is provided for informational purposes only. We reserve the right to change the content of this website at any time. However, we are under no obligation to update the information on our website. You agree that it is your responsibility to keep track of any changes to our website. ARTICLE 4 - CHANGES TO SERVICES AND PRICES Prices for our products are subject to change without notice. We reserve the right to change or discontinue the Service (or any part or content of the Service) at any time without notice. We will not be liable to you or any third party for any price changes, suspensions or discontinuance of the Service. ARTICLE 5 - PRODUCTS OR SERVICES (if any). Certain products or services may only be available online through our website. These products or services may be available only in limited quantities and may be returned or exchanged only in accordance with our return policy. We have done our best to display as clearly as possible the colours and images of our products that appear in our shop. We cannot guarantee that your computer monitor will reproduce the colours correctly. We reserve the right, but have no obligation, to restrict the sale of our products or services to any particular person, geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products and services we offer. All product descriptions and product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer of services or products on this website is void where prohibited by law. We do not guarantee that the quality of any products, services, information or other goods received or purchased by you will meet your expectations or 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, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may also apply to orders placed from the same customer account or with the same credit card and/or orders using the same billing and/or delivery address. If we change or cancel an order, we will attempt to notify you by contacting you at the email address and/or billing address/phone number provided with the order. We reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be from dealers, resellers or distributors. You agree to provide current, complete and accurate order and account information for all orders placed in our shop. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we may complete your transactions and contact you if necessary. For further details, please refer to our Returns Policy. ARTICLE 7 - OPTIONAL TOOLS. We may provide you with access to third-party tools over which we have no control or influence. You acknowledge and agree that we provide you with access to these tools without warranties, representations or conditions of any kind and without endorsement of any kind, as they are and as they become available. We do not accept any liability arising out of or in connection with the use of such optional third party tools. If you use any optional tools offered on the Website, you do so at your own risk and discretion and should consult the terms and conditions under which such tools are offered by the relevant third party providers. We may also, in the future, offer new services and/or features through our website (including, new tools and resources). These new features and services will also be subject to these Terms and Conditions. ARTICLE 8 - LINKS TO THIRD PARTY PROVIDERS Some content, products and services available through our Service may contain materials from third parties. Third party links on this Website may take you to third party websites that are not affiliated with us. We have no obligation to review or evaluate the content or accuracy of such websites, and we make no warranties or representations regarding any content, websites, products, services or other items accessible on or from such third party websites. We are not responsible for any damages incurred in connection with the purchase or use of any goods, services, resources, content or other transactions in connection with such third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before making any transaction. Any complaints, claims, concerns or questions about such third parties' products should be directed to such third parties. ARTICLE 9 - USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS. If you submit certain content in response to our solicitation (e.g., to participate in contests) or if you submit creative ideas, suggestions, proposals, plans or other materials online, by email, by mail or otherwise without our solicitation (collectively, "Feedback"), you grant us the right to edit, copy, publish, distribute, translate and otherwise use in any media the Feedback you send to us at any time without restriction. We are under no obligation to (1) maintain the confidentiality of any comments, (2) compensate anyone for any comments provided, or (3) respond to any comments. We may, but have no obligation to, monitor, edit or remove any Content that we, in our sole discretion, believe to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that violates any intellectual property or these Terms of Use. You agree to post comments that do not infringe the rights of others, including copyrights, trademarks, privacy, personal rights or other personal or proprietary rights. You also agree that your Comments will not contain any unlawful, libelous, defamatory, abusive or obscene material or any computer viruses or other malicious software that could interfere in any way with the operation of the Service or any related website. You must not use a false email address, impersonate someone you are not, or attempt to mislead us and/or any third party as to the origin of your comments. You are fully responsible for all comments you post and their accuracy. We accept no responsibility or liability for any Comments posted by you or any other third party. ARTICLE 10 - PERSONAL INFORMATION The submission of your personal information in our shop is subject to our Privacy Policy. Click here to view our privacy policy. ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS. From time to time, information on our website or service may contain typographical errors, inaccuracies or omissions which may relate to product descriptions, prices, 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 any information or cancel any order if any information on the Service or any related website is inaccurate, at any time and without notice (including after you have placed your order). We are under no obligation to update, change or clarify any information on the Service or any related website, including but not limited to pricing information, unless required to do so by law. No update or refresh date stated on the Service or any related website should be used as a basis for concluding that the information on the Service or any related website has been changed or updated. ARTICLE 12 - PROHIBITED USES. In addition to the prohibitions set forth in the Terms of Use, you are prohibited from (a) using the Site or its contents for any illegal purpose; (b) inducing others to engage in any illegal activity; (c) violating any regional ordinances or any international, federal, provincial or state laws, rules or regulations; (d) infringe our intellectual property rights or the rights of any third party; (e) harass, abuse, insult, injure, defame, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) not to transmit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that is or may be used to interfere with the functionality or operation of the Service or any related, independent or Internet website; (h) collect or track the personal information of others; (i) for spamming, phishing, hijacking, extorting information, browsing, exploring or scanning the Web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, another website or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate the prohibition on use. ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. We make no warranty or representation that use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that we may indefinitely suspend the Service from time to time or terminate the Service at any time without notice. You expressly agree that use of the Service, or inability to use the Service, is at your own risk. The Service and all products and services made available to you through the Service are provided (unless we expressly state otherwise) on an "as is" and "as available" basis for your use, without representations, warranties or conditions of any kind, either express or implied, including any implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement. In no event shall Serinita, our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, revenue, savings, data, replacement costs or similar damages, whether based on contract, tort (including negligence), arising out of contract, tort (including negligence), strict liability or otherwise, arising out of your use of any Service or product of the Service, or for any other claim relating in any way to your use of the Service or any product, including but not limited to errors or omissions in the Content or loss or damage of any kind incurred as a result of your 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 such claims. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law. ARTICLE 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Serinita, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they contain, or your violation of any law or the rights of a third-party. ARTICLE 15 - SEVERABILITY In the event that any provision of these Terms of Sale and Use is held to be illegal, void or unenforceable, such provision shall nevertheless be enforced to the fullest extent permitted by law and the unenforceable portion shall be deemed severed from these Terms of Sale and Use, and such severance shall not affect the validity and enforceability of the remaining provisions. ARTICLE 16 - TERMINATION The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement in all respects. These Terms and Conditions will remain in effect until terminated by you or others. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or if you cease to use our website. If we determine, in our sole discretion, that you have been unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms of Sale and Use, we may also terminate this Agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date, and/or we may deny you access to our Services (or any part thereof). ARTICLE 17 - COMPLETENESS OF AGREEMENT. Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service or any other policies or operating rules we post on this Site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior and contemporaneous oral or written communications, proposals and agreements between you and us (including, without limitation, any prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms shall not be construed to the detriment of the party drafting the text. ARTICLE 18 - APPLICABLE LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Canton of Bern, Switzerland. ARTICLE 19 - CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE You may review the most current version of the 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 these Terms of Sale and Use by posting updates and changes on our website. It is your responsibility to visit our website regularly to check for any changes. Your continued use of or access to our website following the posting of changes to these Terms of Sale and Use constitutes your acceptance of those changes. ARTICLE 20 - CONTACT INFORMATION Questions regarding the Terms of Sale and Use should be directed to contact@serinita-shop.com. SMS : If you use Serinita's SMS marketing The frequency of messages varies. Consent is not a condition of purchase. If you wish to opt-out of receiving SMS marketing messages and notifications, reply to any mobile message sent by us with STOP or use the unsubscribe link provided in any of our messages. You understand and agree that alternative unsubscribe methods, such as using other words or requests, will not be considered an appropriate method of unsubscribing. We do not charge for the Service, but you are responsible for all charges and rights related to text messaging imposed by your wireless service provider. Message and data charges may apply. If you have any questions, please send the HELP message to the number you received the messages from. You may also contact us at contact@serinita-shop.com for more information. We have the right to change any telephone number or short code we use to operate the Service at any time. You will be informed of this on that occasion. You agree that any message you send to a telephone number or speed dial number that we change, including any requests for STOP or HELP, may not be received, and we are not obligated to honour any requests made in such messages. To the extent permitted by applicable law, you agree that we are not responsible for the failure, delay or misdirection of any information sent through the Service, for any errors in such information and/or for any actions you may or may not take in reliance on the information or the Service. Your right to privacy is important to us. You can read about how we collect and use your personal information in our Privacy Policy https://serinita.ch/pages/politique-de-confidentialite.