GENERAL CONDITIONS OF USE AND SALE
The French version is authoritative.
This website is operated by Sider Bottle. On this site, the terms “we”, “us” and “our” refer to Sider Bottle. Sider Bottle 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”, “Terms and Conditions”), including 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 Sellers, 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 agree to all the terms and conditions of this agreement, then you should not access the website or use the services offered therein. 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 Infomaniak, and managed on WooCommerce which provides us with the e-commerce platform that allows us to sell you our products and services.
Article 1 – GENERAL CONDITIONS
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.
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 (a) transmissions over various networks; and (b) 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 the Service or contact on the website, through which the Service is provided, without our prior express written permission.
The headings used in this Agreement are included for your convenience, and will not limit or affect these Terms.
Article 2 – ACCURACY, COMPLETENESS AND PRACTICALITY 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.
Article 3 – 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 relating to 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.
Article 4 – 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.
Article 5 – USER COMMENTS, SUGGESTIONS AND OTHER PROPOSALS
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 e-mail, 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 media any Comments you send to 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; or (3) respond to any Comments.
We may, but are under 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 that infringes any intellectual property or these Terms and Conditions of Sale and Use.
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 may in any way affect the operation of the Service or any related website. You may not use a false e-mail 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.
Article 6 – ERRORS, INEXACTITUDES 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 refreshing in the Service or on any associated web site should be relied upon to conclude that information in the Service or on any associated web site has been changed or updated.
Article 7 – PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to induce or participate in illegal acts by third parties; (c) to violate any regional or international, federal, provincial or state laws, rules or regulations; (d) to infringe or violate our or third parties’ intellectual property rights; (e) 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; (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 manner that impairs the functionality or operation of the Service or any related, independent, or Internet web site; (h) to collect or track the personal information of others; (i) to spam, phish, hijack, hijack a domain, extort information, browse, search or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) 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.
Article 8 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not warrant or represent that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the 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 Sider Bottle, our directors, officers, employees, affiliates, agents, contractors, interns, 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.
Article 9 – INDEMNIFICATION
You agree to indemnify, defend and hold Sider Bottle, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of these Terms and Conditions of Sale and Use or the documents referred to in them, or your violation of any law or the rights of a third party.
Article 10 – DISSOCIABILITY
In the event that any provision of these Terms and Conditions of Sale and Use is held to be illegal, void or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any remaining provisions.
Article 11 – TERMINATION
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 of Sale and Use are effective unless and until terminated by either of you. 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 amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
Article 12 – Entire Agreement
Any failure by us 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 agreement and understanding 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 Use shall not be construed to the detriment of the drafting party.
GENERAL TERMS AND CONDITIONS OF SALE
Article 1 – Scope of application and modification of the GTC
The GTC govern the contractual relationship – and are an integral part of the contract – between Sider Bottle, on the one hand, and the Customer, on the other hand. They are an integral part of the terms and conditions of use that apply for the rest.
By placing an order via the Site, the Customer acknowledges having read, understood and accepted, without reservation, the GTC. In case of disagreement with the GTC, the Customer shall refrain from placing an order via the Site.
Sider Bottle reserves the right to modify the Terms and Conditions, at any time and without notice, by publishing a new version of the Terms and Conditions on the Site (which cancels and replaces the existing version). Any order placed after the publication by Sider Bottle of a new version of the Terms and Conditions is acceptance of this new version.
Article 2 – Information mentioned on the Site
Although Sider Bottle strives to inform its Customers in the most complete and accurate manner possible, the photos, videos and texts illustrating and describing the products and the state of stocks mentioned on the Site are non-contractual and are provided for information purposes only. They do not constitute an offer on the part of Sider Bottle (which does not guarantee its accuracy) and can in no way be qualified as guarantees or promised qualities.
Article 3 – Registration
The Customer is solely responsible for the accuracy and completeness of the data he provides when registering on the Site. If necessary, the Customer must notify us of any changes to the data he or she has provided by immediately updating his or her profile.
The Customer must indicate a valid e-mail address to which all communications relating to the order will be sent. It is up to the Customer to maintain this address in force and to read the emails sent by Sider Bottle. The Customer will also configure – and check regularly – its “junk mail” box to ensure that no e-mail from Sider Bottle. Any communication made to the Customer by e-mail will be deemed received by the Customer on the date and time of receipt, but no later than 24 hours after it is sent by Sider Bottle.
The Customer chooses, during registration, or is given, in case of a reset, a password allowing him/her to place an order or to use other functions of the Site. This password is strictly confidential. It must not be disclosed to third parties under any circumstances. The Customer is solely responsible for the use, conservation and security level of his password, which he may change at any time via the Site. He shall be liable for any order placed, even without his knowledge, using his password. If the Customer knows or suspects that a third party has access to his password, he must notify us immediately.
Article 4 – Order process
To place an order, the Customer must follow the procedure available on the Site. Any other ordering procedure is excluded.
By placing an order, the Customer binds and declares to formulate against Sider Bottle a firm and final offer to purchase the goods selected, under the conditions indicated on the Site. The validity of the offer may be subject to maximum or minimum quantities. Formally, the Customer submits his offer at the time his payment is approved. The sale is accepted – and therefore the contract is concluded – only from the moment Sider Bottle sends the Order Confirmation to the Customer. Sider Bottle reserves the right to refuse an offer at its sole discretion, without being required to give reasons.
The data recorded by Sider Bottle constitute irrefutable proof of orders. The data recorded by the payment system is irrefutable proof of financial transactions.
Article 5 – Prices
Sider Bottle reserves the right to change its prices at any time. Only once the price indicated in the order confirmation.
The prices indicated on the Site are expressed in Swiss francs (CHF) and in euros.
For all orders placed from Switzerland and Liechtenstein, the price includes VAT where applicable.
For all orders placed from abroad (excluding Switzerland and Liechtenstein), the price is indicated exclusive of VAT and other taxes (service, sales, import). These additional costs are to be borne by the Customer and must be paid upon receipt of the product.
The amounts of these taxes depend on the regulations in force in each country of destination. We cannot inform the Customer of their exact amount. It is therefore up to the Customer to find out this amount from the local authorities concerned.
Article 6 – Payment
The payment methods accepted by Sider Bottle are exclusively those indicated on the Site.
Payments are made through the servers provided and secured by financial institutions partners of Sider Bottle.
The risk of a malfunction of the payment system is borne by the Customer, in full discharge of Sider Bottle.
Article 8 – Delivery
The products are shipped to the delivery address indicated by the Customer at the time of the order. The Customer is solely responsible for the accuracy and timeliness of the address he indicates on our site. We could not be held responsible for the absence of delivery of a product in case of indication of an erroneous or inactual address.
The risks associated with the shipment of the goods are transferred to the Customer as soon as the goods are delivered by Sider Bottle to the carrier of his choice.
If a package is returned to us by the carrier then an unsuccessful delivery (postal delays exceeded, wrong recipient address, etc..), the Customer is notified by means of an e-mail sent to the address he has indicated in his profile or when ordering. If there is no news from the Customer within 3 months from the sending of the said e-mail, the order is cancelled. Sider Bottle is then released from its obligation to deliver the goods and the amount paid by the Customer is retained by Sider Bottle as a conventional penalty, in balance of all accounts and all claims in connection with the order concerned.
The transport costs and risks inherent to the return of an unclaimed package (including in the event that the carrier does not leave a calling card) and / or a possible reshipment are borne exclusively by the Customer, as well as the risks inherent to the storage of returned goods. Before any reshipment, Sider Bottle may ask the Customer to pay the related costs.
Sider Bottle makes its best efforts to ensure that the products ordered are shipped within 10 Working Days, starting from the end of the sale. This period – as well as the delivery guarantees mentioned in the Special Conditions – is however of a purely indicative and non-contractual nature.
Article 9 – Customer’s right of revocation
The Customer has in principle the right to return or return the product to Sider Bottle no later than fourteen (14) days after communication of his decision to withdraw.
Promotional products can not be returned or exchanged, the sale is final.
Conditions of return
In case of return, the Customer is requested to contact Sider Bottle at the following address: firstname.lastname@example.org.
We can make a product return under the following conditions:
The product must be returned within 14 days after delivery.
The product must be returned in the same conditions as when it was received; unused and in its original packaging.
The return costs are at the expense of Client.
Sider Bottle does not support returns for products purchased on special offer.
The return costs are borne by the Customer.
Sider Bottle is not responsible for product loss during transport.
In the event of a refund request, the refund is made on the Customer’s initial method of payment.
Article 10 – Warranty
Sider Bottle is bound by the warranty because of hidden defects in the product sold that make it unfit for its intended use, or so diminish that use that the Customer would not have acquired, or would have given a lower price, if he had known.
This warranty allows the Customer who can prove the existence of a latent defect to choose between the refund of the price of the product if it is returned and the refund of part of its price, if the product is not returned.
In the event that a replacement or repair would be impossible, Sider Bottle undertakes to refund the price of the product within 30 days upon receipt of the returned product and in exchange for the return of the product by the product to Sider Bottle.
Article 11. Responsability
The responsibility of the Sider Bottle can in no way be held liable in case of non-performance or poor performance of contractual obligations attributable to the Customer, including during the entry of his order.
Sider Bottle can not be held liable, or considered as having failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the jurisprudence of Swiss courts and tribunals.
It is further specified that the Sider Bottle does not control the websites that are directly or indirectly linked to the site www.sider-bottle.ch. Consequently, it excludes any liability for the information published there. Links to third party websites are provided for information purposes only and no guarantee is given as to their content.
Article 12. Intellectual property rights
All visual and sound elements of the www.sider-bottle.com site, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of the Sider Bottle. Anyone who publishes a website and wishes to create a direct hyperlink to the site of Sider Bottle must request permission from Sider Bottle in writing.
An authorization of the Sider Bottle will in no case be granted permanently. This link must be removed at the request of Sider Bottle. Hypertext links to the SITE that use techniques such as framing (framing) or insertion by hypertext links (in-line linking) are strictly prohibited.
Article 13. Validity of the General Conditions
Any change in the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions shall not affect the validity of these Terms and Conditions. Such a modification or decision does not in any way authorize the Customers to disregard the present General Terms and Conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the custom of the retail sector for companies whose registered office is located in Switzerland.
Article 14. Modification of the General Conditions
These Terms and Conditions apply to all online purchases made on the SITE, as long as the SITE is available online.
The Terms and Conditions are dated accurately and may be modified and updated by Sider Bottle at any time. The applicable Terms and Conditions are those in effect at the time of the order.
Changes to the Terms and Conditions will not apply to products already purchased.
Article 15. Applicable law
The General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide Services to you, are subject to Swiss law, to the exclusion of its rules of private international law.
ARTICLE 16 – Contact Information
Questions regarding the Terms and Conditions of Sale and Use should be sent to us at email@example.com.