CGU

TERMS AND CONDITIONS OF SALE AND USE

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OVERVIEW

This website is operated by LUISIER VIN Sàrl. Throughout the site, the terms "we", "us" and "our" refer to LUISIER VIN Sàrl. LUISIER VIN Sàrl 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 site and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms ("Terms and Conditions of Sale", "Terms and Conditions of Sale and Use", "Terms"), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of this site, including but not limited to users who browse the site, sellers, customers, merchants, and/or content contributors.

Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not accept all the terms and conditions of this agreement, then you must not access the website or use any services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.

All new features and tools that are added to this store at a later date will also be subject to these Terms and Conditions of Sale and Use. You can review the most recent version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see whether any changes have been made. Your continued use of or access to the website after any changes are posted constitutes your acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.


ARTICLE 1 - TERMS OF USE OF OUR ONLINE STORE

By accepting these General Terms and Conditions of Sale and Use, you represent that you have reached the age of majority in your country, state, or province of residence, and that you have given us your consent to allow any minor dependent in your care to use this website.

The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in using the Service, violate the laws of your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any other code of a destructive nature.

Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.


ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to refuse access to the services to anyone at any time and for any reason.

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions across various networks; and (b) changes to conform and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our express prior written permission.

The headings used in this agreement are included for your convenience and will neither limit nor affect these Terms.


ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete, or current. The content of this site is provided for informational purposes only and should not constitute your sole source of information for making decisions without first consulting more accurate, complete, and up-to-date sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.

This site may contain certain historical information. Such historical information, by its nature, is not current and is provided for informational purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.


ARTICLE 4 – CHANGES TO THE SERVICE AND PRICES

The prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice and at any time.

We shall not be liable to you or any third party for any price change, suspension, or discontinuance of the Service.


ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in our store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit sales of our products or services to any person, and in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and product prices may be changed at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited by law.

We do not guarantee that the quality of all products, services, information, or other merchandise obtained 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, at our sole discretion, limit or cancel the 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 using the same billing and/or shipping address. If we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/telephone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to have been placed by merchants, resellers, or distributors.

You agree to provide current, complete, and accurate order and account information for all orders placed in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

For more details, please consult our Return Policy.


ARTICLE 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor, control, nor influence.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to your use of optional third-party tools.

If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should consult the terms under which these tools are offered by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.


ARTICLE 8 – THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may redirect you to third-party websites that are not affiliated with us. We are not required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, product, service, or other item accessible on or through these third-party sites.

We are not responsible for any injury or damage related to the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third-party websites. Please carefully review the third parties’ policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be submitted to those same third parties.


ARTICLE 9 - COMMENTS, SUGGESTIONS AND OTHER USER SUBMISSIONS

If, at our request, you submit specific content (for example, to participate in contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you send us. We are not and shall not be obligated to (1) maintain the confidentiality of any comments; (2) pay compensation to anyone for any comments provided; (3) respond to any comments.

We may, but have no obligation to do so, monitor, edit, or remove content that we determine, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property rights or these Terms and Conditions of Sale and Use.

You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality rights, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive, or obscene content, nor any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and for their accuracy. We assume no responsibility and accept no liability for any comments you or any other third party posts.


ARTICLE 10 - PERSONAL INFORMATION

The submission of your personal information on our store is governed by our Privacy Policy. Click here to view our Privacy Policy.


ARTICLE 11 - ERRORS, INACCURACIES AND OMISSIONS

There may occasionally be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without prior notice (including after you have submitted your order).

We are not obligated to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, unless required by law. No specified update or refresh date applied in the Service or on any related website should be taken as indicating that all information in the Service or on any related website has been modified or updated.



ARTICLE 12 – PROHIBITED USES

In addition to the prohibitions set out in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnic origin, 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 will or may be used in a way that compromises or may compromise the functionality or operation of the Service or any related, independent website or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, crawl, scrape, or scan the web (or any other resource); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant or represent in any way that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not guarantee that the results that may be obtained through use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without notifying you in advance.

You expressly agree that your use of the Service, or your inability to use it, is at your sole risk. The Service and all products and services provided to you through the Service are (unless we expressly state otherwise) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, express or implied, including all implied warranties of merchantability or fitness for a particular purpose, durability, title, and non-infringement.

Vitisam Sàrl, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or product provided through this Service, or for any other claim in any way related to your 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 arising from the 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 their occurrence. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.



ARTICLE 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Vitisam Sàrl, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these General Terms and Conditions of Sale and Use or the documents they reference, or your violation of any law or the rights of a third party.


ARTICLE 15 - SEVERABILITY

In the event that any provision of these General Terms and Conditions of Sale and Use is deemed unlawful, void, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these General Terms and Conditions of Sale and Use; such severance shall not affect the validity and enforceability of any other remaining provisions.


ARTICLE 16 - TERMINATION

The obligations and liabilities incurred by the parties before the termination date shall survive the termination of this agreement for all purposes.

These General Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these General Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If we determine, at our sole discretion, that you have failed, or if we suspect that you have been unable to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you, and you will remain responsible 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 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of that right or provision.

These General Terms and Conditions of Sale and Use, as well as any other policy or operating rule that we publish on this site or in relation to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior and contemporaneous communications, proposals, and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of the General Terms and Conditions of Sale and Use).

Any ambiguity in the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.


ARTICLE 18 – GOVERNING LAW

These General Terms and Conditions of Sale and Use, as well as any separate agreement through which we provide you with Services, shall be governed by and construed in accordance with the laws in force at Route des Sautes 80, Saillon, VS, 1913, Switzerland.


ARTICLE 19 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE

You can review the most current version of the General 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 any part of these General Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check whether any changes have been made. Your continued use of or access to our site after the publication of any changes to these General Terms and Conditions of Sale and Use constitutes acceptance of those changes.


ARTICLE 20 – CONTACT INFORMATION

Questions concerning the General Terms and Conditions of Sale and Use should be sent to us at info@luisiervin.ch.