GENERAL TERMS AND CONDITIONS OF USE
OF THE SITE
OF L’INSTANT CHOCOLAT SARL
1. General remarks
The general terms and conditions of use (hereinafter the «TCU») regulate the terms, rights and limit of use of the website https://www.davidchocolatier.ch (hereinafter the « Site ») managed by the Swiss company L’INSTANT CHOCOLAT Sàrl, registered in the trade registry of the Canton of Valais under reference number CH-114.769.627 with registered address at Ecoparc de Daval C 30, 3960 Sierre (hereinafter « L’INSTANT CHOCOLAT»).
The Site operates in Switzerland, Albania, Andorra, Austria, Belgium, Bosnia-Herzegovina, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Finland, France, Gibraltar, Germany, Greece, Hungary, Iceland, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom and the Vatican City (hereinafter referred to as the "Countries") for the online sale of chocolates, nougats and high-end confectionery items bearing the trademarks « DAVID CHOCOLATIER » and « DAVID L’instant chocolat » (hereinafter the « Products »).
The TCU apply to any Internet user, individuals, persons, or companies using the Site (hereinafter the «User»), including any end consumer, placing an order (hereinafter the « Order ») for himself/herself or for a third party (hereinafter the « Customer ») according to the conditions stipulated in Articles 2 and 3 of L’INSTANT CHOCOLAT’s general terms and conditions of sale (hereinafter the « TCS »).
3. Acceptance of the TCU
By using and accessing the Site, Users and Customers hereby acknowledge having read, understood and accept without reservation all the TCU. Moreover, by using and accessing the Site, Users and Customers accept the confidentiality policy of L’INSTANT CHOCOLAT (hereinafter the « CP »), including the confidentiality clause set out under Article 5 below of the TCU entitled « Confidentiality and security ».
4. Site access and availability
L’INSTANT CHOCOLAT will do its best to ensure the availability of the Site 24/24 hours and 7/7 days. Unfortunately, this notwithstanding, there may be rare instances when access to the Site shall be interrupted due to maintenance, hardware or software upgrades or emergency repairs to the Site, or following circumstances beyond L’INSTANT CHOCOLAT’s control, including the possible failure of telecommunications links and equipment.
L’INSTANT CHOCOLAT commits to take every reasonable action to avoid these disturbances, as long as they are under its control. However, L’INSTANT CHOCOLAT shall not be liable for any unavailability, suspension or interruption of access to the Site.
L’INSTANT CHOCOLAT reminds Users and Customers that the Internet, which offers Users and Customers access to and use of the Site for browsing and ordering is made up of the international interconnection of computer networks using the TCP/IP standard. The operation of the Internet is based on voluntary cooperation between the operators of various networks, which may have unequal transmission capacities and their own policies of use. Therefore, L’INSTANT CHOCOLAT cannot guarantee the effective operation of the Internet and thus shall not be liable for the partial or total lack of access to the Site.
5. Confidentiality and security
The CP of the Site established by L’INSTANT CHOCOLAT and available on the Site under the tab « Confidentiality Policy » concerns the use of the Customer’s personal information such as his/her surname, first name, company name, address, e-mail address, telephone numbers, user name and password (hereinafter collectively referred to as the « Personal Data »), that he/she has accepted to provide on the Site for the conclusion of a sale, which is defined in Article 3 of the TCS.
The Customer has complete information on the possible use of his/her Personal Data by L’INSTANT CHOCOLAT in Article 4 of the TCS and in the CP.
The Site is not intended for use by minors under the age of 18.
6. Intellectual Property
L’INSTANT CHOCOLAT benefits from all exclusive intellectual property rights on all elements (drawings, models, illustrations, images, soundtracks, texts) constituting the Site, including all exclusive exploitation rights related thereto. Users and Customers are prohibited from reproducing in whole or in part, by any means whatsoever, from distributing, publishing, transmitting, modifying, or selling all or part of the content of the Site, or from creating works derived from it.
L’INSTANT CHOCOLAT benefits from all exclusive intellectual property rights, including the exclusive exploitation rights on the Trademarks as well as on all other trademarks and logos related to L'INSTANT CHOCOLAT, registered or not, appearing on the Site, as well as on the domain name "DAVIDCHOCOLATIER.CH". Any reproduction, distribution, transmission, modification or use of the Trademarks and/or any other trademarks and logos related to L'INSTANT CHOCOLAT and/or the domain name " DAVIDCHOCOLATIER.CH " for any reason whatsoever is prohibited.
Users and Customers are not permitted to remove any work appearing on the Site that is protected by copyright, any Trademarks, other signs, or any other content contained therein. Users and Customers may make a single copy of the web pages published on the Site for their own private, personal, and non-commercial use, provided that any copy of such web pages retains all mentions of "copyright" and the exclusive exploitation rights contained therein.
7. Hypertext links to third party’s websites
The Site may include hypertext links to third party’s websites not edited or controlled by L'INSTANT CHOCOLAT. These hypertext links are only informational or advertising content. L’INSTANT CHOCOLAT does never provide any Personal Data to third party’s websites, who work on their own behalf. The inclusion of such links on the Site does not imply any express or tacit endorsement by L’INSTANT CHOCOLAT for any third party’s websites, their content, and/or for any products or services offered thereon. Consequently, L’INSTANT CHOCOLAT cannot be held responsible for any access or use of these third party’s websites and their content by any Users and Customers from hypertext links included in the Site.
8. Limitation of liability
L’INSTANT CHOCOLAT shall not be liable to the User, the Customer or any third party for:
- Any unavailability, suspension or interruption of the Site expressly referred to in Article 4 of the TCU;
- Any risk related to the installation of software that could be used for consulting the Site or for any damages resulting from transmission error, technical defects, overload or interruption of communications as referred to in Article 4 of the TCU;
- Any access and/or use by any Users and Customers of third party websites and/or their content from hypertext links included in the Site, such as defined in Article 7 of the TCU;
- Any direct, indirect, incidental, special or consequential damages arising out of or in connection with the use or inability to use the Site by Users or Customers;
- Any direct or indirect damage caused by act of God, such as defined in Article 11 of the TCU.
This limitation of liability applies to the fullest extent permitted by law.
9. Disclaimer of warranty
L’INSTANT CHOCOLAT does not warrant or represent that:
- The Site is free from viruses, Data overwriting programs, Trojan horses or other destructive programs;
- The information contained on the Site is exhaustive, complete, accurate, or up to date.
The Site may contain technical inaccuracies or other defects. L’INSTANT CHOCOLAT does not guarantee that any such defects will be corrected. The Site and its content are provided on an « as it is » basis.
L’INSTANT CHOCOLAT expressly disclaims all warranties of any kind, whether express or implied.
10. Social networks
Users and Customers are authorized to connect to the Site’s social networks by their profiles or to subscribe to the pages of the Site’s social networks. By connecting to these profiles and by subscribing to the pages of the Site’s social networks, Users and Customers are doing so under their own responsibility and agree to be bound by the terms and conditions of use of the corresponding social network.
11. Act of God
An act of God is considered as being any causes that occurs beyond the control and/or independently of L’INSTANT CHOCOLAT. The following list is given as example of such causes but they are not limited to those set out below due to the unpredictability and unavoidability of act of God :
- Natural disaster, frost time, fire, storm, flood and epidemic,
- Supplies difficulties, strike, lock-out or any other industrial action or dispute,
- Dysfunction or interruption of communications channels, national and international mail services,
- Electronical supply disruption, electronic and/or communication networks interruption that could affect L’INSTANT CHOCOLAT’s service(s).
In case of an act of God, L’INSTANT CHOCOLAT’s contractual or extra-contractual liability is not engaged for any damage caused directly or indirectly by the act of God. Therefore, no compensation whatever will be due to Users and Customers or any third party by L’INSTANT CHOCOLAT.
12. Site’s modification
L’INSTANT CHOCOLAT reserves its right to modify the Site at any time. The interruption caused will not provide grounds for Users and Customers or a third party to claim any compensation whatsoever for any direct or indirect damage resulting from the interruption. It is Users’ and Customers’ responsibility to check periodically the last updated version of TCU.
If any provision herein is found to be void, unlawful or unenforceable by any Court decision, that has acquired the authority of a final decision, the remaining provisions of the TCU shall remain binding and in full force and effect.
14. Governing law and Jurisdiction
The rights and obligations arising from the TCU shall be governed exclusively by Swiss law. Any dispute arising out of or in connection with the execution or interpretation of the TCU shall be governed by Swiss law, whether such dispute is in contract or tort.
The Courts of Sierre, where L’INSTANT CHOCOLAT has its registered office, shall have exclusive jurisdiction, subject to appeal to the Swiss Federal Court.