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Art. 1 Preamble and acceptance
These general terms and conditions (the “General Terms and Conditions”) govern your relationship with the website accessible at ‹www.eaudelavey.ch› (the “Website”) administered by Lavey Product SA (“Lavey Product”, “we”, “us”, “our”), whose registered office is located at c/o Les Bains de Lavey S.A, Route des Bains 48, 1892 Lavey-les-Bains.
Please read these Terms and Conditions carefully before using the Website. Your access to the Website is conditional upon your acceptance of the General Terms and Conditions and your behaviour in accordance with them.
By browsing the Website, you agree to be bound by these Terms and Conditions. If you do not agree to the terms of these Terms and Conditions, please do not use the Website.
Art. 2 Restrictions of use
You are required to use the Website in good faith. In particular, the use of the Website is restricted as follows:
a. You undertake not to reproduce or modify the Website, not to make any derivative work based on it, not to sell, license or sub-license, distribute, make accessible or rent the Website or any of its components, features, functions or interfaces, and not to include the Website in a commercial offer.
b. You undertake not to (i) allow direct or indirect access to the Website or use it in such a way that would circumvent a contractual limitation of use, (ii) attempt to obtain unauthorised access to the Website or to a system or network linked to it, (iii) access the Website in order to develop a competing service or a competing Website, (iv) implement a program or script for the purpose of scraping, indexing, probing or otherwise exploiting data on all or part of the Website, or (iv) decompile, reverse engineer or disassemble all or part of the Website.
c. You agree not to use the Website in any manner that would threaten the security, integrity or availability of the Website; in particular, you undertake not to use the Website to (i) store or transmit material that is injurious to third parties, defamatory or otherwise unlawful, (ii) store or transmit material that infringes the rights of third parties, (iii) store or transmit malicious code, (iv) interfere with or disrupt the integrity or performance of the Website or any third party data it may contain.
Art. 3 Intellectual property
The Website and its original content, characteristics and functionalities are and remain the exclusive property of Lavey Product and/or its licensors. In particular, the trade name, logos, photographs, services, distinctive signs of products or services and domain names mentioned on the Website are the exclusive property of Lavey Product and may not be used without the prior written agreement of Lavey Product.
The Internet Site is protected by copyright, trademark law and legislation against unfair competition. Our trademarks and distinctive signs of products or services may not be used in connection with any service or other Internet site without the prior written consent of Lavey Product.
Lavey Product reserves its rights, titles and interests in the Internet Site and all intellectual property rights linked to it. No transfer of rights or licences may be inferred from these General Terms and Conditions.
Art. 4 Exemption from liability
You use the Website at your own risk. The Website is made available to you on an “as is” and “as available” basis.
The information contained on the Website is provided to you without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or warranty of third party rights.
Lavey Product and its employees shall not assume any liability whatsoever in connection with the use of the information contained on the Website and shall not be held liable for any inaccuracies, errors, omissions or modifications to the information available on the Website.
Lavey Product, its employees and its licensors do not provide any guarantee as to the facts that :
a. the Internet Site will operate in an uninterrupted and secure manner or that it will be accessible at any time or in any place;
b. errors that may affect the Website will be corrected;
c. the Website is free of viruses or other harmful components;
d. use of the Website will meet your expectations.
Under no circumstances shall Lavey Product and its employees be held liable for any damage suffered and resulting from the use of the Website, including indirect or punitive damage, loss of profit, loss of data, or damage to property or persons, regardless of the fact that Lavey Product may have been informed of the possibility of the occurrence of said damage.
Art. 5 Data protection
Art. 6 Miscellaneous
These General Terms and Conditions are subject to Swiss law, to the exclusion of private international law.
The fact that Lavey Product does not exercise a right conferred to it by these General Terms and Conditions, or the delay in exercising it, cannot be considered as a renunciation of this right and cannot prevent or restrict the subsequent exercise of this right.
If any provision of the General Terms and Conditions is held to be invalid or unenforceable, the full validity of the remaining provisions shall not be affected. The invalid or unenforceable provision will be replaced by a legally valid provision with a similar purpose.
These General Terms and Conditions contain all the agreements concluded between you and Lavey Product concerning its subject matter and replace all previous or simultaneous agreements, guarantees, commitments and similar acts, whether oral or written, in relation to the Internet Site.
Lavey Product reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time and without notice. In this case, you will be informed by a notice on the home page of our Internet Site.
By continuing to access or use our Website after such change takes effect, you agree to be bound by the revised Terms and Conditions. If you do not accept these changes, please do not use our Website.
If you have any questions about these Terms and Conditions, please email us at firstname.lastname@example.org.
Version dated February 8th, 2021