TERMS AND CONDITIONS
This website is operated by ATOPEA. On this site, the terms "we", "us" and "our" refer to ATOPEA. ATOPEA provides this website, including all information, tools and services available to you, the user, subject to your acceptance of all terms, conditions, policies and notices set forth herein.
By visiting this site and/or purchasing one of our products, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions", "Conditions"), including any additional terms, conditions and policies referred to herein and/or accessible 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, who are vendors, customers, merchants, and/or content contributors.
Please read these Terms and Conditions of 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. If you do not accept all the terms and conditions of this agreement, then you should not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are deemed to be an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools that will be added to this shop in the future will also be subject to these Terms and Conditions of Use. You can view the most recent version of the Terms and Conditions of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly to see if 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 shop is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.
ONLINE STORE TERMS
By accepting these Terms and Conditions of Sale and Use, you declare 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 in your care to use this website.
The use of our products for any illegal or unauthorised purpose is prohibited, nor shall you, 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 other code of a destructive nature.
Any breach or violation of these Terms and Conditions will result in the immediate termination of your Services.
GENERAL TERMS AND CONDITIONS
We reserve the right to deny access to the services to any person at any time, for any reason whatsoever.
You understand that your Content (excluding your credit card information) may be transferred unencrypted, and this includes (i) transmissions over various networks; and (ii) changes to conform and adapt to 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 portion of the Service or use of the Service, or any access to or contact on the website, through which the Service is provided, without our prior express written permission.
We are free to determine the permitted payment methods (either add or remove payment methods).
To the extent that these payment methods are provided by third parties, we are not responsible for any malfunctions or failures of these payment methods, which are covered by the terms applicable to them. For example, the payment method chosen will typically be subject to additional terms and conditions imposed by the applicable third party payment service provider and it is your responsibility to review these terms and conditions before using your payment method. These third party payment service providers may also charge you additional fees when processing payments or remittances in connection with the payment services (including by deducting fees from the remittance amount), and we are not responsible for and will not be liable for any such fees payable in excess of the purchase price amount.
When you add or use a new payment method, we may verify the payment method by authorising a nominal amount or by authenticating your account with a third party payment provider. When you add a payment method at the time of payment, we will automatically register that payment method on your account so that it can be used for a future transaction.
If you choose to pay in a currency other than the billing currency, your bank or credit card issuer may convert the payment amount by applying an exchange rate and commission set solely by your bank or credit card issuer. As a result, the amount shown on your credit card statement may be different from the amount indicated at the time of payment. If you have any questions regarding these fees and the applicable exchange rate, please contact your bank or card issuer.
1. ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for information purposes only and should not be 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 prior information. Such prior information, by its nature, is not current and is provided for information purposes only. We reserve the right to change 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.
We reserve the right at any time (but are under no obligation to do so) to remove or refuse to post any information or data and to exclude any user or prohibit the use of any user name. We also reserve the right to access, read, store and disclose any information or data to the extent that we reasonably consider it necessary (i) to satisfy any law, regulation, legal process or request from any authority, (ii) to enforce these terms and conditions, including to investigate a possible violation of these Terms, (iii) to detect, prevent or otherwise combat a fraud, security or technical problem, (iv) to respond to a user's request for assistance, or (v) to protect the rights, property or safety of our company, its users or any third party. Any account that remains inactive for a period of time that we have the right to determine may be deleted without prior notice.
You are responsible for safeguarding the password you use to access your account and for any transactions that occur under your password. If you change your email address, we invite you to notify us at firstname.lastname@example.org in order to recover access to your account.
While we endeavour to ensure the accuracy of the information, we cannot be held responsible for any errors or omissions in the information or for any loss or damage that may result.
All the information communicated through the site passes through public telecommunication networks. We do not give any guarantee, assurance or commitment that the operation of the site will be safe, will not be interrupted and will remain error-free.
2. MODIFICATION OF THE SERVICES AND PRICES
The prices of our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (and any part or content of the Service) without notice.
We will not be liable to you or any third party for any price changes, suspension or discontinuance of the Service.
3. PRODUCTS / SERVICES
Certain products or services may be available exclusively online on our website. These products or services may be available in limited quantities.
We have done our best to display as clearly as possible the colours and images of our products that appear in our store. We cannot guarantee that the display of colours on your computer screen will be accurate.
We reserve the right, but are not obligated, to limit sales of our products or services to any person in any geographic area 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 we offer. All product descriptions and product prices are subject to change at any time without prior notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any service or product offerings on this site are void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, nor do we warrant that any errors in the Service will be corrected.
We disclaim all liability in connection with the quality of the products sold.
The products sold must be used in accordance with their purpose (i.e. cap).
To the fullest extent permitted by applicable law, we disclaim all liability for any direct, indirect, incidental, special, consequential or punitive loss or damage, including but not limited to loss of profits, data, use, reputation or other intangible loss, resulting from (i) your access to or use of www.atopea.ch, (ii) the use of any information, and (iii) any unauthorised access to or use of or unauthorised alteration of your data.
Our failure to enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
The site may contain material provided by third parties (including payment system providers), links to third party sites or content provided by or included on any third party site. We are not responsible for (i) the availability or accuracy of such materials or sites or (ii) the content, products or services available or offered from such sites or materials. The presence of elements or links pointing to these third party sites does not imply any approval by us of these sites, their elements or their content, products or services proposed from these sites or their elements. We cannot be held responsible for your use of these sites or elements, for which you acknowledge that you assume all risks.
We provide the content of the site and all information in good faith, but you access and use the site at your own risk. We operate the site "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, implied warranties of fitness for a particular purpose or non-infringement of any copyright, database right, patent, trademark or other intellectual property right in the jurisdiction from which you access and/or use the site. We make no warranty, assurance or representation regarding the completeness, accuracy, availability, timeliness, security or reliability of the website or that the information contained on the website is of satisfactory quality, up-to-date or free of viruses, Trojan horses or other harmful or malicious programs. We shall not be liable for any damages, including but not limited to damages to your computer system, loss of data or other harm resulting from your access to the website or your use of any data or information or other communications. We make no warranty that the site will meet your requirements or that it will remain available without interruption, securely or error-free. No advice or information, whether oral or written, obtained from us or on the site constitutes any implied warranty.
The site operators, suppliers or affiliates assume no responsibility whatsoever for any decision you may make based on your use of the site and/or the information contained therein.
4. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, credit card, and/or orders that use the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed through 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 see our Return Policy.
5. OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no monitoring, control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any approval. We shall have no legal liability arising out of or in connection with the use of these 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 and conditions under which such tools are offered by the applicable third party vendor(s).
We may also offer new services and/or features on our Site (including new tools and resources) in the future. These new features and services will also be subject to these Terms and Conditions of Sale and Use.
6. THIRD PARTY LINKS
Certain content, products and services available through our Service may include material 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 such sites, and we do not guarantee or assume any responsibility for any content, websites, products, services or other materials accessible on or from such third party sites.
We are not responsible for any harm or damage in connection with the purchase or use of goods, services, resources, content, or any other transaction conducted in connection with these third party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding the products of these third parties should be directed to the same third parties.
7. COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS
If, at our request, you submit specific content (for example, to enter contests), or if without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, 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 media any Comments you send to us. We are not and shall not be obligated to (i) maintain the confidentiality of any Comments; (ii) pay compensation to anyone for any Comments provided; or (iii) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene or otherwise objectionable, or infringes any intellectual property or these Terms and Conditions.
You agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain computer viruses or other malicious software 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 try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post and for their accuracy. We take no responsibility and disclaim any liability for any comments you or any third party post.
8. PERSONAL INFORMATION
9. ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our site or in the Service that could contain typographical errors, inaccuracies or omissions that could relate to product descriptions, prices, promotions, offers, product shipping costs, 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 on the Service or on any related website is inaccurate, at any time without notice (including after you place your order).
We are under no obligation to update, modify or clarify any information in the Service or on any associated website, including but not limited to pricing information, except as required by law. No fixed date for updating or updating in the Service or on any other associated website should be relied upon to conclude that the information in the Service or on any other associated website has been changed or updated.
10. PROHIBITED USES
In addition to the prohibitions set out in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (i) for illegal purposes; (ii) to induce others to do or participate in illegal acts; (iii) to violate any state, federal, provincial or international law, rule or regulation; (iv) to infringe or violate our or any third party's intellectual property rights; (v) to harass, abuse, insult, injure, defame, libel, slander, denigrate, intimidate or discriminate against anyone based on gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (vi) to submit false or misleading information; (vii) to upload or transmit viruses or any other type of malicious code that will or may be used in a manner that impairs the functionality or operation of the Service or any related, independent, or Internet web site; (viii) to collect or track the personal information of others; (viiii) to spam, phish, hijack a domain, extort information, browse, search or scan the web (or any other resource); (x) for obscene or immoral purposes; or (xi) to violate or circumvent the security measures 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 the prohibited uses.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or make any representations that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that any results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time, we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless otherwise expressly stated by us) provided to you "as is" and "as available" for your use without representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall ATOPEA, our directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or any similar damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or in respect of any other claim relating in any way 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 out of your use of the Service or any content (or product) published, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless ATOPEA, our company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents referred to in them, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms and Conditions of Sale and Use is held to be illegal, invalid or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any remaining provisions.
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or not. You may terminate these Terms and Conditions of Use at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.
If we determine, in our sole discretion, that you are failing, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions, we may also terminate this agreement at any time without notice to you and you will remain liable for all sums owed up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
15. ENTIRE AGREEMENT
Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These Terms and Conditions of Sale and Use or any other policies or operating rules that we post on this site or in connection with the Service constitute the entire understanding and agreement between you and us and govern your use of the Service, and supersede 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 Terms and Conditions of Sale and Use).
Any ambiguity as to the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafting party.
16. APPLICABLE LAW
These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you, shall be governed and interpreted by Swiss law and subject to the exclusive jurisdiction of the courts of the Canton of Geneva.
17. MODIFICATION TO THE TERMS AND CONDITIONS
You can consult the most recent 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 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 for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
18. CONTACT DETAILS
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at email@example.com