Please read these terms and conditions carefully before using our website or making a purchase.
Last Updated: December 1, 2023
These Terms and Conditions ("Terms") govern your access to and use of the Swiss Delights website, including any content, functionality, and services offered on or through the website (the "Website"), as well as any purchases you make through the Website. Please read these Terms carefully before using our Website. By accessing or using our Website, or by making a purchase, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website.
By using our Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are using the Website on behalf of an organization or entity, you represent and warrant that you have the authority to bind such organization or entity to these Terms.
These Terms constitute a legally binding agreement between you and Swiss Delights. You acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website.
When using our Website, you agree to:
You must not:
We strive to provide accurate and up-to-date information about our products. However, we do not warrant that product descriptions, photographs, pricing, or other content on the Website are accurate, complete, reliable, current, or error-free. In the event of a pricing error, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price.
Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to product availability, errors in product information or pricing, or suspected fraudulent activity. If we are unable to fulfill your order, we will notify you by email and provide a refund if payment has already been processed.
By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your payment method for the total amount of your order (including taxes, shipping, and handling). If your payment method cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled.
Shipping and delivery times are estimates only and are not guaranteed. We are not responsible for delays in shipping or delivery that are beyond our control, including but not limited to delays caused by carriers, customs processing, or extreme weather conditions.
The risk of loss and title for items purchased from our Website pass to you upon delivery of the items to the shipping carrier.
You may need to create an account to access certain features of our Website or to make purchases. When you create an account, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
We reserve the right to suspend or terminate your account, refuse service, and/or cancel orders at our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or these Terms, or is harmful to our interests or the interests of another user, a third party, or our business partners.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Swiss Delights, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Swiss Delights name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Swiss Delights or its affiliates or licensors. You must not use such marks without the prior written permission of Swiss Delights. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Website for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
The Website may contain interactive features (such as product reviews, comments, and forums) that allow users to post, submit, publish, display, or transmit content or materials on or through the Website. All user-generated content must comply with these Terms.
By providing any user-generated content on the Website, you grant Swiss Delights and its affiliates and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media. You represent and warrant that:
We have the right to remove any content or material that, in our sole judgment, violates these Terms, is offensive or objectionable, or may expose Swiss Delights or its users to any harm or liability of any type.
To the fullest extent permitted by law, Swiss Delights, its affiliates, and their respective officers, directors, employees, agents, suppliers, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, or any other damages of any kind, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your access to or use of, or inability to access or use, the Website or any products purchased through the Website, even if Swiss Delights has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms, Swiss Delights is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of the Website or any products purchased through the Website, Swiss Delights' liability shall in no event exceed the greater of (1) the total of any fees paid by you to Swiss Delights in the six months prior to the action giving rise to liability, or (2) CHF 100.
The limitations of liability set forth above are fundamental elements of the basis of the bargain between Swiss Delights and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
The Website and all content, products, and services provided through the Website are provided on an "as is" and "as available" basis without any warranties of any kind, either express or implied. Swiss Delights disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
Swiss Delights does not warrant that (1) the Website will function uninterrupted, secure, or available at any particular time or location; (2) any errors or defects will be corrected; (3) the Website is free of viruses or other harmful components; or (4) the results of using the Website or any products purchased through the Website will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
You agree to defend, indemnify, and hold harmless Swiss Delights, its affiliates, and their respective officers, directors, employees, agents, suppliers, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your user-generated content, any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
The Website may contain links to third-party websites or services that are not owned or controlled by Swiss Delights. Swiss Delights has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Swiss Delights shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
These Terms and any disputes relating hereto shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the Website shall be brought exclusively in the courts of Canton Graubünden, Switzerland, and you hereby consent to the personal jurisdiction of such courts.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Questions or comments about the Website or these Terms may be directed to Swiss Delights at the following contact information:
Swiss Delights
Willisauplatz 6, 9439 Ilanz, Switzerland
Email: [email protected]
Phone: +415394431518
These Terms, our Privacy Policy, and any other policies or guidelines posted on the Website constitute the sole and entire agreement between you and Swiss Delights regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.