Date of issuance: October 10th, 2019
These terms and conditions (the “Terms”) govern your use of the website www.marinaanouilh.com (the “Platform”) and the functionalities we offer on or through it (the “Functionalities”).
These Terms are entered into by you and Marina Anouilh Show-rom, a sole proprietorship based in Rue des Allamans 46, 1659 Rougemont, Switzerland, and its subsidiaries or affiliates (the “Company”, “we” or “us”).
These Terms are applicable to all Users as defined below.
“Boutique” shall mean the legal entity or the natural person which sales his/her/its Products to Customers through the Platform.
“Chargeback” shall mean the fees charged by the Payment provider for the reimbursement of a Transaction price to the Customer in case of Products’ defect during the Products’ return period.
“Company” shall mean Marina Anouilh Show-rom, Rue des Allamans 46, 1659 Rougemont, Switzerland.
“Confirmation email” shall mean the email automatically sent to the Company and the Boutique when a Customer finalizes an Order through the Platform.
“Customer” shall mean the legal entity or the natural person who purchases Products to a Boutique through the Platform.
“Customer account” shall mean the personal account created on the Platform that allows the Customer to purchase Product to a Boutique through the Platform. The Customer shall grant the Company with several Personal data in order to obtain his/her/its Customer account.
“Customs fees” shall mean any kind of taxes and fees that may be charged by the authorities of the state in which the Customer has his/her/its address due to the fact that the Products originate from abroad and are subject to an import tax under the laws of that state.
“Intellectual property rights” shall mean especially but not only any copyrights, patents, registered design, design rights, service marks, database rights, trademarks, trade secrets, applications for any of the foregoing, know-how, confidential information, trade and business name or any other proprietary or industrial right, whether registered or unregistered.
“Invoice” shall mean the invoice addressed by the Company to the Customer in the name and on the behalf of the Boutique for the Products sold by the Boutique to the Customer through the Platform.
“Issuer” shall mean an institution that issues payment methods to the Customer and whose name appears on the Customer’s credit card or bank account statement and/or who enters into a contractual relationship with the Customer with respect to the payment method used by the Customer on the Platform.
“Order” shall mean the command of Products by the Customer through the Platform and the payment of the Transaction price.
“Payment interface” shall mean an electronic connection method provided by the Payment provider to the Company for providing payment information (such as details regarding the credit card, the Customer or the credit card owner, the Issuer, the relevant authentication details and the payment amount) for each individual Transactions in a secured way.
“Processing Fee” shall mean the fee that the Payment provider charges for each Transaction submitted for processing to the Payment interface, regardless of the Transaction amount and the type of credit card accepted.
“Products” shall mean the merchandises (i.e. especially but not only jewelries, watches and cloths, as well as home decoration items) sold by a Boutique on the Platform.
“Products’ defect” shall mean any breach of warranty of quality and any defects that would materially or legally negate or substantially reduce the value of the Products or its fitness for the designated purpose.
“Products’ delivery fees” shall mean the fees for the delivery of the Products.
“Products’ return period” shall mean a specific period indicated in the Invoice during which the Customer may return the Products to the Boutique and ask for an exchange or a reimbursement because the Products suffered a Products’ defect.
“Payment data” shall mean the Personal data of the Customer provided to the Payment provider in order to pay the Transaction price.
“Payment Provider” shall mean Stripe Inc, 3180 18th St 100, San Francisco, CA 94110.
“Platform” shall mean the online platform of the Company on which the Boutique may sell its Products and the Customers may buy the Products of the Boutique. The Platform is available at the following URL: www.marinaanouilh.com.
“Platform content” shall mean all the rights related to the content of the Platform, included but not limited to the software, algorithms, codes, audio files, videos, texts, layouts, animations, files, pictures, domain name, programs, products, processes, technology, content, source code, object code, designs and other material or information which appear or is displayed on the Platform.
“Receipt” shall mean the document received by email by the Customer after the finalization of an Order to confirm this latter.
“Registration data” shall mean the Personal data requested to create a Customer account.
“Functionalities” shall mean the functionalities of the Platform which consist in reuniting Boutiques and Customers on the Platform and allowing Boutiques to sell Products to Customers and Customers to buy Products from Boutiques.
“Terms” shall mean this version of the Terms & conditions (October 2019).
“Transaction” shall mean the relationship between the Boutique and the Customer in relation with the sale of the Products through the Platform.
“Transaction price” shall mean the amount that the Customer shall pay to the Boutique for the purchase of Products through the Platform. The payment of the Transaction price by the Customer is the last step of the Order and allows to finalize this latter.
“User(s)” shall mean the Customers and the Visitors.
“Visitor” shall mean a natural person or entity using the Platform without having registered as a Customer.
2. Purpose of the Company
The purpose of the Company is to provide the Platform and its Functionalities which allow Boutiques to sell Products to Customers and Customers to buy Products from Boutiques at the Transaction price indicated on the Platform.
Concretely, the Platform allows Boutiques and Customers to meet and transact in a secured way.
Subject to these Terms, the Platform is made available by the Company to Users.
The information that the Company discloses on the Platform is based upon the information provided to the Company by Boutiques. Each Boutique is fully responsible for any information and content related to the said Boutique that is uploaded on the Platform. The Company waives any liability regarding such information and content.
All the Users accessing the Platform must accept the terms and conditions of these Terms.
If you are using the Platform on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
By browsing the Platform as a Visitor and/or by benefiting from the Functionalities as a Customer, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms and all applicable laws and regulations.
If you do not agree with these Terms, you should refrain from browsing the Platform and/or benefiting from the Functionalities.
4. Your use of the Platform
The Company grants you a limited, non-exclusive, non-transferable, and revocable license to use the Platform as a User (i.e. by browsing it as a Visitor and/or by using it and benefiting from its Functionalities as a Customer) for its intended purposes subject to your strict compliance with these Terms and our policies.
We may at any time introduce new features, change existing features, or remove features from the Platform at any time and without notice. If you provide us with any feedback on or comments regarding the Platform and the Functionalities, you grant the Company the right to use such feedback or comments for any purpose without restriction or payment to you.
Visitors only browse the Platform without having the possibility to buy Products to the Boutiques and to access to the Functionalities.
6. Customer account
All the Customers must have a Customer account in order to buy Products through the Platform and for benefiting from the Functionalities.
By creating a Customer account for benefiting from the Functionalities, you agree:
– to maintain the confidentiality of your password and other information related to the security of your Customer account;
– to maintain and promptly update the Registration data and any other information you provide to the Company, to keep such information accurate, current and complete;
– be fully responsible for all use of your Customer account and for any actions that take place through your Customer account;
– not to impersonate anybody by opening a false Customer account; and
– not to use robots or other tools to open Customer account(s).
You authorize the Company to use any Registration data to verify your identity (including any updated information).
You are obliged to notify the Company of any changes to your Registration data immediately.
The Company reserves the right to reject any registration and to refuse to provide the Functionalities to anyone for any reason, at its sole and absolute discretion, without any obligation to indemnify you.
If you provide false or misleading Registration data or do not notify the Company of changes to your Registration data immediately, the Company reserves the right to terminate or suspend your Customer account immediately and without notice to you or any liability of whatever nature. The Company retains the right to cancel Customer account that have been inactive for a long time or are considered to be misleading without prior notice to the Customer.
You are solely responsible for maintaining the confidentiality of your password and Customer account, and you are responsible for all activities that occur in relation to your Customer account. We will not be liable for any loss or damage from your failure to maintain the security of your Customer account and password. You may not disclose your password to any third party (other than third parties authorized by you to use your Customer account) and you are solely responsible for any use of or action taken under your Customer account.
Should you not fulfill the conditions for obtaining a Customer account and/or benefiting from the Functionalities, you shall immediately refrain from doing so.
8. Customer’s Order
Upon finalization of an Order by a Customer, the Boutique and the Company are immediately informed by a Confirmation email.
The Company accepts no liability if the Confirmation email is not sent by the Customer and/or is not received by the Boutique or the Company.
After reception of the Confirmation email, a Receipt is automatically generated by the Company and sent by email to the Customer in the name and on the behalf of the Boutique. The content of the Receipt will be the same in the Invoice that will be placed in the package containing the Products.
After reception of the Confirmation email, the Boutique hereby commits to deliver the Products sold through the Platform to the Customer’s address along with the Invoice.
The Customer expressly understands and accepts that the Company only acts as an intermediary between the Boutique and the Customer and is not the counterpart of any Transaction between the Boutique and the Customer.
The Products are sold directly by the Boutique(s) to the Customers.
10. Transaction price
The Transaction price includes, if applicable, the VAT, the Products’ delivery fees and any other taxes that may be charged to the Customer. The customer might be charged with additional Customs fees imposed by their country of residence. The amount which is indicated on the Platform when finalizing the Order is the Transaction price.
The Customer expressly understands and agrees that the Transaction price depends in particular of the Registration data provided to the Company, the country of origin of the Product(s) and the address of delivery of the Product(s).
The Customer expressly understands and accepts that the Boutique appointed the Company to issue in its name and on its behalf the Invoice and to collect in its name and on its behalf the Transaction price through the Payment provider.
11. Payment scheme
The payment of the Transaction price will be processed through the Payment interface of the Payment Provider.
You agree to pay the Transaction price applicable to the chosen Product(s) and you will not hold the Company liable for any charge or Processing fee related to your payment. Unless the Products suffered damages (directly or indirectly) or defects during the Products’ return period, the Transaction prices paid by Customers in connection with the Products are non-cancellable and non-refundable.
The Company guarantees not to copy, store, save, capture or intercept payment instruments related information such as credit card numbers, expiry date, holder name, card summary (last 4 digits), card BIN (6 first digits), card type, Issuer, issuing country, CVV codes, passwords entered into the Payment interface. Your credit card information and Payment data will be transferred to the Payment provider as encrypted data to the Payment Provider’s server. Encrypted data can only be decrypted by the Payment provider.
The Company will keep a copy of all other electronic and records related to the Transactions and the ordering and delivery of the Products for one (1) year subsequent to the Transaction being processed.
You understand and explicitly agree that the Payment provider will act as data controller of your Payment data.
The Payment provider will act as a provider of the payment services and will take all necessary steps to comply with the duties of due diligence and duties to report as set forth in the Swiss Federal act on combating money laundering and terrorist financing in the financial sector (RS 955.0).
Upon request, you hereby agree to provide the Payment provider with all information requested by the Payment provider in relation to your business and to specific transaction in order to comply with the Federal act on combating money laundering and terrorist financing in the financial sector (RS 955.0).
It is your responsibility to take all necessary measures to ensure that your password and credit or debit card details remain secret and to prevent the use or misuse of such password by any unauthorized person. You shall notify the Company promptly if you discover or suspect that your password or credit or debit card information has become accessible to or has been misused by any unauthorized third party.
If the Payment provider believes that a security breach of any Customer has occurred, the Company will, upon request, mandate a third-party auditor approved by the Payment provider to conduct a security audit of its systems and facilities and issue a report.
12. Products’ delivery
The Products will be delivered by the Boutique to the Customer within the delay indicated on the Receipt.
The delivery of the Products ordered by the Customer through the Platform is the sole responsibility of the Boutique.
Under no circumstances shall the Company be responsible for the Products’ delivery and/or for the costs, taxes and charges related to the Products’ delivery.
The Boutique may choose, at its entire discretion, the means of transportation for the delivery of the Products.
The Boutique shall assume all the risks related to the Products and their transportation until delivery to the Customer.
The Customer understands and agrees that under no circumstances shall the Company be liable for any event that may damage or destroy the Products and/or for any trouble arising out during the Products’ delivery.
13. After sale service
During the Products’ return period, the Customer may claim for an exchange or a reimbursement of the Product(s) if the latter is/are defective.
In this event, the Customer must send back the Product(s) to the Boutique in order to verify if his or her claim is legitimate.
The Payment provider will be keeping the Transaction price during the whole Products’ return period.
In the event the claim is legitimate and the Product may be exchanged, the Boutique shall make such exchange as quickly as possible and send the new Products to the Customer. If the Product cannot be exchanged, the Company shall instruct the Payment provider to reimburse the Transaction price to the Customer.
If the Customer claims for an exchange or a reimbursement after the Products’ return period, he/she/it have no right for an exchange or a reimbursement. The Boutique may decide at its sole and entire discretion to welcome the claim of the Customer and proceed to an exchange at its own cost. No reimbursement will be accepted by the Company.
Any Chargeback will be supported by the Customer.
In any case, the Customer understands and agrees that the Company is not responsible for the quality of the Products, for defects to the Products nor for the Products’ delivery and that the Boutique remains entirely responsible for any claim of Customers based on quality, defects or delivery of the Products.
Under no circumstances shall after sales services be assumed by the Company.
By using the Platform and/or the Functionalities, you take the full commitment not:
– to use the information, material and content available on the Platform for competing, directly or indirectly, with the Company;
– to circumvent the Company by entering into an agreement directly with any Boutique offering its Products on the Platform;
– to re-sell, deep-link, use, copy, monitor (e.g. scrape), display, download or reproduce any content or information, software or Products available on the Platform for any commercial or competitive activity or purpose;
– to use any robot, spider, web scraper, other automated device, or manual process to monitor, extract or copy any content from the Platform.
Should you do so, please be informed that you may be irrevocably banned from using the Platform and the Company reserves to claim for damages and/or to request injunctions.
15. Prohibited actions
You agree not to do any of the following actions in connection with your use of the Functionalities and not to use the Platform in order to:
a. intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
b. distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;
c. upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Platform, the Functionalities or the interests or property of the Users, the Boutique or the Company;
d. export or re-export any applications, code or tools developed by and proprietary to the Company except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
e. copy, scrape, extract, modify, or distribute rights or content from the Platform in any way, including through robots, spiders or any other software or technology;
f. commercialize any application, code or any information or software associated with such application and/or the Platform without the prior consent of the Company;
g. upload, post, transmit, distribute, store or otherwise make publicly available on the Platform any private information or Personal data of any third party, including, addresses, phone numbers, email addresses and/or credit card numbers;
h. harvest or otherwise collect information or data about Users, including email addresses, without their consent or use automated scripts to collect information from or otherwise interact with the Users;
i. upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
j. upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of the Company, is objectionable, misleading or which restricts or inhibits any other person from using the Platform, or which may expose the Company, the Boutique or the Users to any harm or liability of any type;
k. upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
l. you shall not copy, modify, distribute, sell, or lease any part of the Platform.
m. you may not reverse engineer or attempt to extract the source code of the Platform; and
n. you may not interfere or attempt to disrupt the Functionalities and/or the Platform in any way.
16. The Company’s role
The Company provides a venue for Customers and Boutique to complete Transactions. The Boutiques are not employees or agents of the Company, nor is the Company an employee or an agent of the Boutiques.
Accordingly, by ordering Products through the Platform, you enter into a direct (legally binding) contractual relationship with the Boutique only. The enforcement of any contractual obligations arising out of the completion of a Transaction using the Platform is the responsibility of the Customer and the Boutique that are the parties to that Transaction. Please note that the Company is not itself a party to any Transaction and disclaims all liability arising from or related to any such Transactions to the fullest extent permitted by law.
The Company shall not be responsible in any manner whatsoever with respect to the Transactions or any claims or dispute which might arise between Customers and Boutiques. Customers use the Platform at their own risk.
The Platform does not constitute and should not be regarded as a recommendation or endorsement of the quality, healthiness, service level, qualification or rating of any Product made available through the Platform.
The Company cannot and has no control over the behavior of Boutiques. Therefore, the Company cannot accept any liability arising from the Products available on the Platform and/or for errors or omissions in the Boutiques’ descriptions of the Products or in relation to any Transaction, nor for any defects in the Products delivered to the Customers.
The Company is not responsible or liable in any way for any loss or damage arising out of your Transactions with any Boutique or in relation to the Product and you hereby release the Company from any and all claims, causes of actions, obligations or liabilities arising from or relating to such Transactions.
The Company cannot be held responsible or liable for any errors (including manifest and typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of the Platform) or otherwise, inaccurate, misleading or untrue information or non-delivery of information. Each Boutique remains responsible at all times for the accuracy, completeness and correctness of the (descriptive) information (including, availability and any Personal data or other information) about the Products and the Boutiques presentation displayed on the Platform.
You hereby irrevocably release the Company (and its officers, directors, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with a Transaction or a dispute with one of the Boutiques.
You agree to fully indemnify (including court and attorney fees) and hold harmless the Company and its affiliates (and their respective employees, directors and representatives) against any claim, action or damages arising out of or in connection with a Transaction or a dispute with one of the Boutiques.
By ticking the box “I subscribe to the Newsletter” you give your consent to receive from the Company its Newsletter.
The Company decides at its sole and entire discretion when it send its Newsletter and decide to stop sending it.
Users may send an email to unsubscribe from the Newsletter anytime at the following email address: [firstname.lastname@example.org
18. Intellectual property rights
Intellectual property rights and all other proprietary rights in relation to the Platform content and related databases are the exclusive property of the Company or its licensors.
All Intellectual property rights and all other proprietary rights in relation to the Platform content not expressly granted herein are reserved to the Company. All copyright and other proprietary notices shall be retained on all reproductions.
Subject to these Terms and for the purpose of using the Platform and benefiting from the Functionalities, the Company grants you a limited, non-exclusive, non-transferable, non-sub licensable, royalty free license to use and display the Platform content on your computer screen or mobile devices, such as smartphones or tablets.
Any other use of the Platform content, including without limitation distribution, reproduction, modification, making available, communicate to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of the Company is strictly prohibited.
You may not derive or attempt to derive the source code of all or any portion of the software or mobile software of the Platform, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the software of the Platform or any part thereof.
The Company, together with its licensors expressly reserve all Intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Platform. Access to the Functionalities does not confer and shall not be considered as conferring upon anyone any license under any of our Intellectual property rights or any third party’s Intellectual property rights.
Any use of the Functionalities or the Platform or their contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without prior consent of the Company.
Company’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company or its licensors. No trademark or service mark license is granted in connection with the materials contained on the Platform. Access to the Platform and the Functionalities does not authorize anyone to use any name, logo or mark in any manner whatsoever.
www.marinaanouilh.com is a domain name owned by the Company. You may not use the trademark of the Company such as its domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Company endorses any product or service.
You may close your Customer account and stop benefiting from the Functionalities at any time and without notice to the Company.
The Company may terminate or suspend your Customer account, in whole or in part, in the event that:
– you violate these Terms or violate any other rules that govern the use of the Functionalities and the Platform, including policies;
– your conduct may harm the Company, the other Users or the Boutiques; or
– as otherwise determined by the Company at its sole and entire discretion.
The Company may modify and adapt the Functionalities, and all Platform content and other items used or contained in the Platform, at any time.
The Company is entitled at any time to delete your Customer account and block your access to the Platform in the event it considers that your use of the Platform does not fully comply with these Terms or with any applicable laws.
Notwithstanding such termination, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual property rights and conservation of certain information for a certain period of time.
21. Third-parties policies and terms & conditions
You understand and agree that you potentially may be bound by third parties’ policies and terms & conditions while using the Platform and benefiting from the Functionalities.
In particular, the policies and terms & conditions of the Payment provider and the policies and the terms & conditions of the Boutiques, if any, fully apply to the Customer while buying a Product through the Platform and paying it via the Payment provider.
You representant and warrant that you read and accept the third parties’ policies and terms & conditions.
You expressly agree that the Company does not assume responsibility for the third parties’ policies and terms & conditions.
If you have a dispute related to third-parties’ policies and terms & conditions, you agree to release the Company (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
22. Third-parties’ content
The Company may, at its sole and entire discretion, display third-parties’ content through the Platform.
In this case, you expressly understand and agree that the Company does not assume responsibility for the third-parties’ content made available through the Platform.
If you have a dispute related to third-parties’ content, you agree to release the Company (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
23. Functionalities provided “as is” and release of claims
The Functionalities and the Platform are provided “as is” and “as available”.
To the maximum extent permitted by applicable law, the Company disclaims all representations and warranties, express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, in relation to the Functionalities or the Platform. In addition, the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Functionalities, or that the Functionalities or the Platform will be uninterrupted or error-free. The Company does not guarantee the quality, suitability, safety or ability of the Products. You agree that the entire risk arising out of your use of the Platform or the Functionalities remains solely with you.
You agree that neither the Company nor its affiliates is/are responsible for the fitness or conduct of any Product provided by any Boutique. Neither the Company nor its affiliates will be liable for any claim, injury or damage arising in connection with the acts or omissions of the Boutique or with any Product available on the Platform.
Any warranty, condition or other term arising out of or in connection with the Functionalities or the Platform which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you used the Functionalities or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.
If you have a dispute with one or more Boutique(s), you agree to release the Company (including our affiliates, and each of our respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.
Since the Functionalities and the Platform are web-based, they might be subject to temporary downtime.
From time to time we also update or maintain the Platform, which will result in the Platform not being available for a certain period of time. We do not warrant that the Platform and the Functionalities operate uninterrupted or error free.
We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the Platform, suspension of your access to the Platform, including any damage occurring as a direct or indirect result of a missed Transaction.
25. Limitation of liability
These Terms set out the full extent of our obligations and liabilities with respect to the Functionalities and the provision of the Platform.
To the extent permitted by law, the Company hereby excludes: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect, punitive or consequential loss or damage (including, but not limited to, damages for deletion, corruption, loss of data, loss of programs, loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of goodwill, client unsatisfaction, failure to store any information or other content maintained or transmitted, Functionalities interruptions, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, incurred by any User in connection with the Platform, the Functionalities, the Products available on the Platform or these Terms.
The Company will not be liable for any direct, indirect, special, punitive, incidental, exemplary and/or consequential damages arising out of your use of the Platform, the Functionalities, any Products sold on or through the Platform. The Company will not be liable for the quality, healthiness, outlook of the Products available on the Platform. The Company will not be liable for the non-compliance of the Boutiques with these Terms.
The Company will not be liable in any way if Products made available on the Platform are not available. The Company will not be liable for any advertisement made in relation to Products made available on or through the Platform.
The Company is not liable for (partial) interruptions to and downtime of the Platform due to repair, maintenance or update work or for other reasons that it cannot directly control or that only impede use of the Platform and the Functionalities to a negligible extent.
The company is not liable for the completion of an Order from a Customer, nor is it liable for defects or damage incurred in connection with the Products sold by the Boutique. The Company makes no assurances in respect of the fulfilment of particular requests made by the Customer and also assumes no guarantee in this respect.
In any event, the Company, and its affiliates, will not be liable for aggregate liability for any claims relating to any Transaction, whether in tort (including negligence) or otherwise, more than the value of the relevant Transaction.
This provision applies to the maximum extent permitted by applicable law.
You understand and agree that by filing any claim more than thirty (30) after the discovery of the alleged liability, you will be deemed to have forfeited your rights. any such claim shall be time-barred.
26. Force majeur
The Company cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond its reasonable control. such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government.
In this situation, we reserve the right to shut-down the Platform and stop providing the Functionalities without any obligation to indemnify customers.
You agree to defend, indemnify and hold harmless the Company and its affiliates with their respective shareholders, officers, directors, employees, agents (each, an “Indemnified Party”) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Functionalities or of the Platform or from any breach by you of these Terms or third-parties’ policies and terms & conditions, including without limitation any actual or alleged violation of any law, rule or regulation.
Links on Platform to other companies’ websites, including Boutiques’ websites, are solely provided in the Customer’s interest. The Company has no influence on the content of third-parties’ websites.
The Company therefore cannot assume any guarantee for the accuracy, completeness or safety of this third-party content.
29. Entire agreement & severability
If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
The Company reserves the right to make any changes to these Terms at any time, as the Company deems necessary or desirable. Your continued use of the Platform after any such changes or after explicitly accepting the new Terms upon logging into your Customer account shall constitute your consent to such changes.
31. No waiver
The Company’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
32. No-simple partnership
You expressly understand and agree that the relationship between the Company, the Boutiques and the Payment provider does not imply any exclusive relationship, partnership or simple partnership between them.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. The Company may assign its rights, licenses, and obligations under these Terms without limitation.
34. Governing law and jurisdiction
These Terms shall be governed by the laws of Switzerland. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts of Lausanne, Switzerland.
Marina Anouilh, Rue des Allamans 46, 1659 Rougemont, Switzerland, email address: email@example.com