Terms of service
GENERAL TERMS AND CONDITIONS
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OVERVIEW
This website is operated by My-Schaschlik Swiss GmbH. Throughout the site, the terms "we", "us" and "our" refer to My-Schaschlik Swiss GmbH. My-Schaschlik Swiss GmbH 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.
When you visit our website and/or make a purchase with us, you are using our "Service" and agree to be bound by the following Terms and Conditions ("Terms", "Conditions"), including any additional terms and policies referenced herein and/or available via hyperlink. These Terms and Conditions apply to all users of the website, including users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
All new features or tools added to the current shop are also subject to the General Terms and Conditions. You can view the most current version of the General Terms and Conditions on this page at any time. We reserve the right to update, change, or replace parts of these General Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. By continuing to use or access the website after any changes have been posted, you accept these changes.
Our shop is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - TERMS AND CONDITIONS FOR THE ONLINE SHOP
By agreeing to these terms and conditions, you declare that you are of legal age in the country of your residence or that you are of legal age in the country of your residence and have given us consent for your minor relatives to use this website.
You may not use our products for illegal or unauthorized purposes, nor may you violate laws in your jurisdiction by using the service (including, but not limited to, copyright laws).
You are not allowed to transmit worms or viruses or any other code of a destructive nature.
Violation or breach of any of these terms will result in immediate termination of your services.
SECTION 2 - GENERAL TERMS
We reserve the right to refuse service to any person at any time for any reason.
You acknowledge that your information (excluding credit card information) may be transmitted unencrypted and (a) transmissions may involve crossing various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during network transmission.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission from us.
The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information provided on this site is not accurate, complete, or up-to-date. The material on this website is for general information only and should not be relied upon as the sole basis for making decisions without verifying primary, more accurate, complete, or up-to-date sources of information. Any reliance on the material on this site is at your own risk.
This page may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we are not obligated to update any information on our website. You agree that it is your responsibility to monitor changes on our website.
SECTION 4 - CHANGES TO PERFORMANCE AND PRICES
Prices for our products are subject to change without prior notice.
We reserve the right to change or terminate the service (or any part or content thereof) at any time without notice.
Shopify is not liable to you or any third party for changes, price changes, blocking, or termination of the service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may only be available online through the website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our return policy.
We have made every effort to accurately represent the colors and images of our products that appear in the shop. We cannot guarantee that your computer screen will display every color correctly.
We reserve the right, but are not obligated, to restrict the sale of our products or services to certain individuals, geographic regions, or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services offered by us. All product descriptions or product prices are subject to change at any time without prior notice and at our sole discretion. We reserve the right to remove any product from the offering at any time. Any offer for a product or service made on this website is void where prohibited.
We do not guarantee that the quality of products, services, information, or other materials purchased or acquired by you will meet your expectations, or that errors in the service will be corrected.
SECTION 6 - ACCURACY OF INVOICE AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Please refer to our return policy for more details.
SECTION 7 - ADDITIONAL TOOLS
We may provide you with access to third-party tools that we neither monitor nor control nor influence.
You agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from your use of or connection with additional third-party tools.
Any use of additional tools offered through the website is at your own risk and discretion, and you should ensure that you are familiar with and agree to the terms under which the tools are provided by the respective third party/parties.
We may also offer new services and/or features through the website in the future (including the release of new tools and resources). Such new features and/or services are also subject to these Terms and Conditions.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our service may include materials from third parties.
It is possible that third-party links on this website may lead you to third-party websites that do not collaborate with us. We are not responsible for reviewing or evaluating the content or its accuracy, and we do not provide any guarantee or liability or responsibility for materials or websites or for other materials, products, or services from third parties.
We are not liable for damages arising in connection with the purchase or use of goods, services, resources, content, or other transactions related to third-party websites. Please carefully read the policies and practices of the third party and make sure you understand them before proceeding with a transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
When you submit certain submissions (e.g. competition entries) to us at our request or without solicitation by us creative ideas, suggestions, proposals, plans, or other materials online, by email, by post, or in any other way (collectively referred to as "Comments"), you agree that we may edit, reproduce, publish, distribute, translate, and otherwise use Comments that you forward to us at any time and without limitation in any medium. We are and will not be obligated to (1) treat Comments as confidential, (2) pay compensation for Comments, or (3) respond to Comments.
We may monitor, edit, or remove content that we, in our sole discretion, deem to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or these Terms and Conditions, but we are not obligated to do so.
You agree that your comments do not violate any third party rights, including copyright, trademark, data protection, or personal rights, or other personal or property rights. You also agree that your comments do not contain defamatory, libelous, or otherwise unlawful, offensive, hateful, or obscene material, or computer viruses or other malware that could in any way affect the operation of the services or any associated website or application. You may not use a false email address, impersonate another person, or mislead us or third parties about the origin of comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for comments posted by you or third parties.
SECTION 10 - PERSONAL DATA
The transmission of personal data via the shop is subject to our privacy policy. Please read our privacy policy for this.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, our website or our service may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, product shipping fees, delivery time, and availability. We reserve the right to correct any errors, inaccuracies, and omissions at any time and without prior notice (even after you have placed your order) and to change or update information or cancel orders if any information regarding the service or any associated website is incorrect.
We do not assume any obligation to update, modify, or clarify information regarding the service or any associated website, including but not limited to price information, unless required by law. Any referenced update data provided regarding the service or any associated website should not be interpreted as an indication that all information regarding the service or any associated website has been changed or updated.
SECTION 12 - PROHIBITED APPLICATIONS
In addition to other prohibitions set forth in the Terms of Service, you are prohibited from using the website or its content for the following purposes: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that may in any way affect the functionality or operation of the service or any associated website, other websites, or the internet; (h) to collect or track personal data of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purposes; or (k) to disrupt or circumvent the security features of the service or any associated website, other websites, or the internet. We reserve the right to terminate your use of the service or any associated website if you violate any of the prohibited applications.
SECTION 13 - DISCLAIMER OF LIABILITY; LIMITATION OF LIABILITY
We do not assume any guarantee, responsibility or warranty that the use of our service will be uninterrupted, timely, secure or error-free.
We do not guarantee that the results that can be achieved by using the service are accurate or reliable.
You agree that we may remove the service at any time for an indefinite period or suspend it at any time without notice to you.
You expressly agree that the use of the service or the inability to use the service is at your sole risk. The service and all products and services offered to you through the service are provided to you (unless expressly stated by us) "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, non-infringement, or any other violation of third party rights.
Under no circumstances shall My-Schaschlik Swiss GmbH, our directors, officers, employees, subsidiaries, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, data loss, replacement costs, or similar damages, whether based on contract, tort (including negligence), or strict liability, arising from the use of the service or any products procured through the service, or for any other claims 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 incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available through the service, even if advised of their possibility.
As some countries or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, our liability is limited to the maximum extent permitted by law.
SECTION 14 - COMPENSATION
You agree to indemnify, defend, and hold harmless My-Schaschlik Swiss GmbH and our parent company, subsidiaries, affiliates, partners, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, in connection with any claims or demands, including reasonable attorney's fees, made by any third party due to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY CLAUSE
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by law, and the unenforceable part will be deemed separated from these Terms and Conditions, with such determination not affecting the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties that arose before the termination date shall survive the termination of this agreement for all purposes.
These terms and conditions are valid until terminated by you or us. 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 using our website.
If you fail, in our sole discretion, to comply with any provision of these Terms and Conditions, or if we suspect that you have done so, we may terminate this agreement immediately, 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 parts thereof).
SECTION 17 - ENTIRE AGREEMENT
Failure on our part 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 and Conditions as well as guidelines or operating rules published by us on this website or in relation to the service constitute the entire agreement and understanding between you and us, govern your use of the service, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, prior versions of the Terms and Conditions).
Any uncertainties in the interpretation of these General Terms and Conditions are not to be understood against the drafting party.
SECTION 18 - APPLICABLE LAW
These general terms and conditions and any separate agreements under which we provide services to you are subject to the laws of Keltenweg 3, Studen, BE, 2557, Germany and are to be interpreted in accordance with them.
SECTION 19 - CHANGES TO THE GENERAL TERMS AND CONDITIONS
The latest version of the General Terms and Conditions can be viewed on this page at any time.
We reserve the right to update, modify, or replace any parts of these Terms and Conditions at our discretion by posting updates and changes on our website. It is your responsibility to check our website regularly for any changes. By continuing to use or access our website or the service after changes to these Terms and Conditions have been posted, you are accepting these changes.
SECTION 20 - CONTACT INFORMATION
Questions regarding the General Terms and Conditions should be directed to info@my-schaschlik.ch.
