Terms & Conditions

TERMS OF USE
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE
The De Marquet website www.demarquet.ch (the “Website”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing or using this Site, you agree in your name or in the name of the company you are working for to these terms of use and conditions. If you do not agree to these terms you may not access or use in any way this Website. Your use of the Website is also subject to additional terms outlined on that website (the “Additional Terms”). Additionally, the Website contains additional terms that govern particular services (for example, the official online stores).

MODIFICATION OF THESE TERMS OF USE
De Marquet reserves the right to change the terms, conditions, and notices under which the Website is offered as well as the Additional Terms. You are responsible for regularly reviewing these terms and conditions. In case of contradiction between these Terms of Use and the Additional Terms, the Additional Terms will prevail.

USE OF WEBSITE ; PERSONAL AND NON-COMMERCIAL USE LIMITATION
The Website is for your personal, informational and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website.
Any use of materials on this Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Website, without prior written permission is strictly prohibited.
Harassment in any manner of the Website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.

INTELLECTUAL PROPERTY RIGHTS
The entire content included in this Website, including but not limited to trade marks, designs, trade names, texts, graphics, interfaces, or code and the selection and arrangements thereof is protected by Intellectual Property rights and is the property of De Marquet or the respective owners that have granted De Marquet the right and license to use these.

TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our distributors, De Marquet shall have the right to refuse or cancel any order(s) placed for products listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, De Marquet shall issue a credit to your credit card account in the amount of the incorrect price.

SUBMISSIONS
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Website (“Communications”) will be considered non-confidential and will become and remain the exclusive property of De Marquet for commercial or non-commercial use. This means that you disclaim any proprietary rights in such submissions, and you acknowledge De Marquet’s unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. De Marquet will have no obligations with respect to the Communications.

THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, this Website contains links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with De Marquet, De Marquet has no control over these linked sites, all of which have separate privacy and data collection practices, independent of De Marquet. De Marquet has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such Websites. These External Sites are only for your convenience and therefore you access them at your own risk. Links do not imply that De Marquet sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, De Marquet seeks to protect the integrity of its Website and the links placed upon it.

DISCLAIMER
De Marquet makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any site or External Sites.
De Marquet makes no representation that materials in the Website are appropriate or available for use in other locations, and access to them from territories where their content is prohibited. Those who choose to access this Website from locations outside Switzerland do so on their own initiative and are responsible for compliance with applicable local laws.
De Marquet does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

This website and the materials, information, services, and products in this website, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether expressed or implied. to the fullest extent permissible pursuant to applicable law, De Marquet disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. De Marquet does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes the website available are free of viruses or other harmful components. De Marquet does not make any warranties or representations regarding the use of the materials in this website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

LIMITATION OF LIABILITY
In no event shall De Marquet be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if De Marquet has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this website. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless De Marquet, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Internet account.

COOKIES
When you visit the site, ‘cookies’ may be installed on the hard disk of your computer with the sole purpose of streamlining the site more to the needs of recurrent visitors. These mini files or cookies are not used to check the surf behavior of the visitor on other websites. Internet browsers such as Internet Explorer® allow you to block the use of cookies. You will not receive a warning when a cookie is installed. You may choose to remove it from your hard disk afterwards. Please consult the help function of your Internet browser for this.

PRIVACY POLICY
De Marquet, which is responsible for processing the personal details, undertakes, to the best of its abilities, to guarantee the protection of the personal details through technical security regulations and an adequate security policy towards its employees in accordance with the Swiss Privacy XX (Act of 8 December 1992 relating to the protection of privacy with regard to processing personal details).
Although most information on this site is available without the need to provide personal details, you may be requested to provide personal information. This information shall only be used for purposes strictly related to De Marquet’s services. De Marquet will never rent, sell, and share or otherwise disclose your personal information to third parties. Internet users may, free of charge and on request, always oppose the use of his/her personal details for direct marketing purposes. To do so he/she shall need to contact De Marquet, Bolligenstrasse 94, CH-3065 Bolligen.

APPLICABLE LAWS
Your use of this Website shall be governed in all respects by the laws of Switzerland, without regard to choice of law provisions, and not by Conventions on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising from De Marquet products, shall be in the courts located in Bern, Switzerland. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of De Marquet products) must be commenced within one (1) year after the claim or cause of action arises. De Marquet’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. De Marquet may assign its rights and duties under this Agreement to any party at any time without notice to you.

ACCEPTANCE
You agree that your order is an offer to purchase the products from INTENSIVE GmbH and any associated delivery services from INTENSIVE GmbH is applicable as listed in your order. All orders are subject to acceptance by INTENSIVE GmbH. We may choose not to accept your order for any reason without liability to you.

After submitting an order, we will send you an order acknowledgement email with your order number, details of the products you have ordered from us as well as details of any delivery services you have ordered from us. Please note that the email sent is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order will only take place on (i) the date on which INTENSIVE GmbH receives payment in full or (ii) when INTENSIVE GmbH dispatches the products to you.

PRICES
The price of the products and our delivery charges will be as quoted on the site. All prices are stated in Swiss Francs (CHF). Product prices and delivery service prices include any applicable VAT within Switzerland. We may vary the prices at any time and without any prior notice. Delivery charges are itemised on the order acknowledgement issued by INTENSIVE GmbH.

Although INTENSIVE GmbH tries its hardest to avoid mistakes, it may happen that products listed may be incorrectly priced. We will verify prices as part of our dispatch procedures. Where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will, at our discretion, either contact you for instructions before dispatching the product, or cancel your order notifying you of such cancellation.

When you make a purchase for products and delivery services as applicable from INTENSIVE GmbH, please make sure you do this in the currency of your bank or credit card. Please note that it is common practice for banks and credit card providers to have different selling and buying exchange rates for currency. We do not accept responsibility for charges or differing rates of currency exchange levied by a customer’s bank or credit card provider. On any products purchased prior to any markdowns or discount offered, the difference will not be refunded. You may return the higher priced item in its original condition to us for either a refund or an exchange. However, if returned for an exchange, this is subject to availability.

PAYMENT
More information about the accepted payment methods are set out on the site. You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name, address details as well as payment details are complete, valid and accurate. All credit/debit cardholders and any payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery. We will not be obliged to inform you of the reason for the refusal.

We are not responsible for any charges or other amounts applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order. If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the site, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer, bank or payment method provider. We shall therefore not be responsible for any cost, expense, charge or other liability incurred or suffered by you as a result of your card issuer or payment method provider charging you in a currency other than the currency set out on the site.

CANCELLATION RIGHT
Our policy on Returns applies to any products purchased from INTENSIVE GmbH.
If you are a CH/EU consumer, you have the legal right to cancel your order within 14 days following your receipt or physical possession of the products from us.
If you wish to cancel your order using this legal right, you must inform us of your decision to cancel the contract in writing e.g. by a letter sent by mail (address: INTENSIVE GmbH, Returns, Bolligenstrasse 94, CH-3065 Bolligen.) or email (info@intensive.ch).

If you exercise your right to cancel the contract during the 14 days period after receipt of the goods, we reimburse you the cost of the goods using the same means of payment as you used for the initial transaction. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods in return.
Please return the unwanted goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the contract to us. Please return the goods in line with our Returns Policy.

RETURNS
You may return your purchased item(s) for an exchange or refund within 14 days upon receipt by sending the item(s) back to us at the address listed below.

INTENSIVE GmbH, Returns, Bolligenstrasse 94, CH-3065 Bolligen

Please include your dispatch note marked with the item(s) being returned. All items must be returned in a fully resellable condition; meaning unused, with swing tags attached and in the original packaging.

When returning an item, you should retain proof of posting from your shipper as we will not be held responsible for any items failing to reach us. We are not responsible for return postage costs other than for incorrect, mis-described or faulty items.

INTENSIVE GmbH reserves the right to refuse a refund or exchange on items deemed not to be resellable. This does not affect your statutory rights in connection with faulty items. Faulty items can be returned free of charge by contacting our customer service.

Please note: no returns are accepted for purchases made in store. In-store purchases must be returned to the said store. Furthermore, certain products cannot be returned for reasons of health & hygiene (e.g.pierced products such as earrings). We can’t be held responsible for overseas items that fail to reach their destination; therefore overseas customers may wish to send their parcel via a registered trackable service.

CUSTOMER SERVICE
INTENSIVE GmbH, Bolligenstrasse 94, CH-3065 Bolligen
info@intensive.ch

DELIVERY
Please note that unless otherwise stated on the site, delivery times are estimates. Delivery times are not guaranteed delivery times and should not be relied upon as such.
When ordering, you will be offered our delivery service once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible for incorrect or incomplete delivery addresses. INTENSIVE GmbH does not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver products purchased from the site.
When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by INTENSIVE GmbH.

PROMOTIONS DURING SALE
All promotions are invalid on sale items and giftcards unless specified otherwise in the Terms and Conditions.

CUSTOMS
If your order is to be delivered outside Switzerland, it may attract import duty and local sales taxes which customers will need to pay on receipt of the shipment. Any additional charges for customs clearance must be borne by you. These rules vary by country and your local government determines duty and customs charges. Please contact your local customs office for further information.

Terms & Conditions, September 2016


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