SWISSWELL TERMS OF SERVICE
Welcome to our website (“swisswell.com”). These General Terms and Conditions of Use govern the access to and use of swisswell.com. The access to and use of this website as well as the purchase of products on swisswell.com are based on the assumption that these General Terms and Conditions of Use have been read, understood and accepted by you.
This website is managed and maintained by “Swisswell”, a company subject to the management and coordination of Wellfully SA, with registered office in Switzerland, Corcelles, 2035, Rue de la Chapelle 10, business register number is CHE-448.825.254.
Swisswell may amend or update all or part of these General Terms and Conditions of Use. Any amendments or updates to the General Terms and Conditions of Use will be binding upon publication in this section of the website. We therefore ask that you regularly review this section to check for the publication of the most recent and up-to-date General Terms and Conditions of Use of swisswell.com. If you do not agree to all or part of the General Terms and Conditions of Use of swisswell.com, please do not use our website.
The access to and use of swisswell.com, including viewing web pages, communication with Swisswell, downloading product information and making purchases on the website are carried out by our users exclusively for personal purposes, which should in no way be connected to any trade, business or professional activity. Swisswell shall not be considered liable for any use of the website and its contents by any of its users that is not compliant with the laws and regulations in force, without prejudice to Swisswell liability for wilful misconduct and gross negligence. You will specifically be liable for communicating information or data which is incorrect, false or concerning third parties without the latter’s consent, as well as for any improper use of such data or information.
Lastly, since all material will be downloaded or obtained otherwise via use of the service chosen at the user’s own risk, the user is responsible for any damage to computer systems or loss of data as a consequence of downloading, and Swisswell will not be held responsible. Swisswell accepts no responsibility for any damage resulting from inaccessibility to website services or from damage caused by viruses, corrupt files, errors, omissions, service interruptions, content deletion, problems with the network, with providers or telephone and/or data transmission connections, unauthorised access, data alteration, failure and/or malfunction of the user’s electronic equipment.
The user is responsible for maintaining the confidentiality and the proper use of his or her personal information, including the credentials for accessing restricted services, and is also responsible for any damage or harm which might arise against Swisswell or third parties as a result of the improper use, loss or removal of such information.
Swisswell.com’s contents, including but not limited to, works, images, pictures, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material published on swisswell.com, including menus, web pages, graphics, colours, schemes, tools, the website’s fonts and design, diagrams, layouts, methods, processes, functions and software which are part of swisswell.com, and are protected by copyright and all other intellectual property rights of Swisswell and the relevant rights holders. The reproduction, wholly or in part, and in any form whatsoever, of swisswell.com and of its contents is forbidden without Swisswell’s written consent. Swisswell has the exclusive right to authorise or prohibit any reproduction, be it direct or indirect, temporary or permanent, or in any other manner or form, and in whole or in part, of swisswell.com and its contents. As far as the use of swisswell.com is concerned, you are only authorised to view the website and its contents. You are also authorised to carry out all the other temporary acts of reproduction, devoid of economic significance, which are transient or incidental and an integral and essential part of viewing swisswell.com and its contents. You are also authorised to browse the website for the lawful use of swisswell.com and its contents. You are not authorised to reproduce swisswell.com and its contents by any means or in any form, neither in whole nor in part. Any reproduction must be authorised each time by Swisswell in writing or, if necessary, by the authors of the work posted on the website. Such reproductions must be carried out for lawful purposes in compliance with the copyright and other intellectual property rights of Swisswell and of the authors of the works posted on the website. On no account are you authorised to use, in any manner or form whatsoever, the contents of the website or any single work protected by copyright or any other intellectual property right. By way of example, you may not alter or modify content or any protected work without Swisswell’s consent and, where necessary, the consent of each author of the works published on swisswell.com.
Swisswell is the exclusive owner of the logos and registered trademarks “Swisswell” and “swisswell.com” and of any other sign which includes the word “Swisswell” and the domain name “swisswell.com”.
All of the other signs distinguishing products sold on swisswell.com and posted on the website are registered trademarks of the respective owners and are used on swisswell.com strictly for distinguishing, describing and advertising the products sold on Swisswell.com. Swisswell and all other registered trademark owners are entitled to the exclusive use of the trademarks they respectively own.
You are not authorized, without the consent of Swisswell and of any other owner of the registered trademarks post.
Please contact Swisswell at the following email address if you are interested in linking to the home page and other publicly accessible web pages of swisswell.com: firstname.lastname@example.org. This contact is required to ask for our consent to link to swisswell.com. Swisswell grants links free of charge and on a non-exclusive basis. Swisswell is entitled to object to certain links to its website in the event that the applicant who intends to activate links to swisswell.com has previously engaged in unfair business practices or ones that do not comply with industry standards or unfair competition actions towards Swisswell or its suppliers, or when Swisswell fears the applicant may engage in such behaviour in the future, or when the applicant has previously or it is feared that it may in the future engage in actions discrediting Swisswell and Swisswell.com. It is in any case forbidden to post deep links (such as deep frames) to swisswell.com or to use unauthorised meta-tags without Swisswell‘s written consent.
Swisswell has made all efforts to prevent the publication on its website of content describing or representing scenes or situations of physical or psychological violence or which, according to the sensitivity of swisswell.com’s users, might be considered detrimental to civil beliefs, human rights and dignity, in all its forms and expressions. In any event, Swisswell does not warrant that the contents of the website are appropriate or lawful in countries outside Switzerland. If such contents are deemed unlawful or illegal in some countries, please do not access our website. If you choose to access it regardless, we hereby inform you that your use of services provided by swisswell.com shall be your exclusive and personal responsibility. Swisswell has also adopted measures to ensure that the content of swisswell.com is accurate and does not contain any incorrect or out-of-date information in relation to the date of their publication on the website and also, as far as possible, subsequently. Swisswell, however, cannot be held liable for the accuracy and completeness of the content posted on swisswell.com, except in the case of its liability for wilful misconduct and gross negligence and as otherwise provided for by the law. Moreover, Swisswell cannot guarantee that the website will operate continuously, without interruptions or without errors or malfunctioning linked to Internet connection. In the event of a problem in using our website, please contact our Customer Care. A representative will be on hand to assist you and help you restore your access to the website as far as possible. Please contact your Internet services provider or check that each device for Internet connection and web content access is correctly activated, including your Internet browser. Although Swisswell will try to do everything possible to ensure regular access to its website, the dynamic nature of the Internet and its content may not allow swisswell.com to operate without any suspensions, interruptions or discontinuity linked to updating the website. Swisswell has implemented technical and organisational measures to protect the security of services on swisswell.com, integrity of traffic data and electronic communications relating to unauthorised use of or access to data, to prevent the risk of dissemination, destruction and loss of data and confidential/non-confidential information regarding swisswell.com users, and to prevent unauthorised or unlawful access to such data and information.
Swisswell has adopted a business policy; its mission is to sell products through its services and its website to “end consumers” only. “End consumer” means any individual who is acting on swisswell.com for purposes which are outside his or her trade, business or profession.
If you are not an end consumer, please do not use our services to buy products on swisswell.com. Swisswell reserves the right not to accept an order proposals from persons other than an end consumer and any other purchase order proposal which does not comply with the General Terms and Conditions of Sale and these General Terms and Conditions of Use.
Without prejudice to the application of the mandatory consumer protection provisions, these General Terms and Conditions of Use are governed by Croatian law. In the event of a dispute between Swisswell and an end user arising from the General Terms and Conditions of Use, Swisswell agrees to and accepts the European resolution of disputes.
Please note that the European Commission provides a platform for alternative out-of-court resolution of disputes, available on the website http://ec.europa.eu/odr.