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About these Terms of Use
Kerbedanz SA has its registered offices at Rue Pury 8, 2000 Neuchâtel, Switzerland.
These Terms of Use govern your use of Kerbedanz website. In these Terms of Use, we use the term Kerbedanz (and “we”, “us” and “our”) to refer to the head office of Kerbedanz at the registered address above.
Please read these Terms of Use carefully before using the website. By using the website, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to continue use of the website.
Updates to these Terms of Use
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the website. Any new version of these Terms of Use shall take effect and will govern the use of the website and your relationship with us immediately upon the date of posting. By continuing to use the website, you agree to be bound by the terms of these updates and amendments.
Our privacy policy
Our information collection practices on the website, such as the types of information we collect regarding visitors to the website and the ways in which we may use that information, are governed by the terms of our Privacy Policy.
Kerbedanz e-Boutique – Conditions of Sale
Customers purchasing products online or by phone through the Kerbedanz Head of Client Relations must read the Conditions of Sale, which will govern the terms and conditions of any such purchases. The provisions entitled “Limitation of liability” below do not cover the sale of products online of over the phone and please refer to the Conditions of Sale for the relevant exclusions and limitations of liability.
Use of materials on the website
Kerbedanz has created its website to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Kerbedanz products displayed on the website are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may, for example, be due to technical issues such as your browser or computer settings. Accordingly, Kerbedanz cannot be held liable for any apparent differences in the product images represented on the website and the original products.
Unless otherwise stated, you should assume that everything that you see or read on the website (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) (“Kerbedanz Material”) are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Kerbedanz Material in any way for any public or commercial purposes. Furthermore, Kerbedanz Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use Kerbedanz Material will automatically terminate and any copies made of Kerbedanz Material must be immediately destroyed. Any unauthorised use of Kerbedanz Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Your submissions and unsolicited communications
This section concerns communications sent to Kerbedanz. It does not concern the communication of personal information to Kerbedanz in relation to customer enquiries, the use of services or the purchase of products by phone or through the website. The latter is governed by the rules stipulated in the Privacy Policy.
Any unsolicited communication or material that you transmit to Kerbedanz via the website or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Kerbedanz. By sending communications to Kerbedanz, you automatically grant Kerbedanz a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Kerbedanz for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.
Limitation of liability
This section applies to the website and not to the products that may be sold online or by phone by one of our local or regional markets.
Kerbedanz tries to ensure that the information provided is accurate and complete. However, Kerbedanz does not warrant or represent that Kerbedanz Material is accurate, error-free or reliable or that use of Kerbedanz Material will not infringe rights of third parties.
Kerbedanz does not warrant that the functional and/or technical aspects of the website or the Kerbedanz Material will be error free or that the website, Kerbedanz Material or the servers that make them available are free of viruses or other harmful components. If use of the website or Kerbedanz Material results in the need for servicing or replacing property, material, equipment, data or other element, Kerbedanz is not responsible for those costs. Without limiting the foregoing, everything on the website is provided to you “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. Kerbedanz makes no warranties about the Kerbedanz Material, software, text, downloads, graphics, and links, or about results to be obtained from using the website.
To the fullest extent permitted by applicable law, Kerbedanz shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the website or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Kerbedanz has been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
Trademark notice
In general, all trademarks, logos and service marks (collectively the “Trademarks”) that appear on the website are registered, unregistered or otherwise protected Kerbedanz trademarks or are licensed for use by Kerbedanz by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the website should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Kerbedanz’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the website, or any other content on the website, except as provided herein, is strictly prohibited.
Copyright notice
All content (including Kerbedanz Materials) on the website are either Copyright © Kerbedanz or are licensed for use by Kerbedanz. All rights are reserved. Please refer to the section above on Use of Materials on the website.
Links & linking
The website may contain links to other platforms operated by third parties not affiliated to Kerbedanz. The inclusion of any link to such third party sites does not imply endorsement by Kerbedanz of those sites. Kerbedanz has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the website. If you choose to click through any link to off-site pages or third party sites then this is at your own risk. Kerbedanz does not authorise linking to its website from a third party platform without its express prior written authorisation.
Termination and suspension
You agree that Kerbedanz may terminate or suspend your access to and use of the website if Kerbedanz reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Kerbedanz or any third party, with or without notice to you. You agree that Kerbedanz may modify or discontinue providing any of the website, with or without notice to you. You agree that Kerbedanz will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of liability” and “General provisions” will survive termination of these Terms of Use.
General provisions
Unless otherwise specified, the information and materials presented on the website are presented solely for the purpose of promoting Kerbedanz’s products and services and in certain cases to present products for sale via a variety of means. Kerbedanz makes no representation that Kerbedanz Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Kerbedanz Material may not be legal by certain persons or in certain countries.
If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
These Terms of Use constitute the entire agreement between you and us in relation to the use of the website, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by Kerbedanz of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.
Applicable law and jurisdiction
The French version of the document prevails over any other translation.
Cancellation of the contract by the buyer is excluded.
In the event of a defect, the seller shall be entitled to choose between repair or replacement of the item sold. plat
Any claim for damages is excluded.
The place of jurisdiction is Neuchâtel, subject to appeal to the Federal Court.
Swiss law shall apply to this warranty, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
Contact us
If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.
Kerbedanz SA
Rue Pury 8
2000, Neuchâtel
Switzerland
Mail : info@kerbedanz.com
Telephone : +41 32 725 18 10
