These Terms & Conditions (hereafter also referred to as the "Terms") form a contract between yourself (hereafter also referred to as the "Customer") and the company having its registered office at 17, rue de la Servette, 1201 Geneva, Switzerland, firstname.lastname@example.org (hereafter also referred to as the "Company"). These Terms govern your use of the www.active-backpack.com website and any other website, application and tool attached to it (hereafter collectively referred to as the "Website"). The Website is operated by the Company.
When you use the Website, the Services (as defined below) and/or when you click on the button "I have read and accept these Terms and Conditions", you confirm having read these Terms and expressly accept to be bound by them, along with any applicable laws and regulations linked to the Website. If you do not accept being bound by these Terms you should not use the Website and not benefit from the Services.
The Company offers the possibility of ordering articles and items online (hereafter also referred to as the "Products") via an e-commerce platform (hereafter also referred to as the "Services") available on the Website.
You must be aged at least 18 (eighteen) years and be allowed, within your legal jurisdiction, to sign a contract for the use of the Website and to benefit from the Services. If you do not have this minimum legal age or do not hold the required civil rights, you may not use the Website without the authorisation and representation of your legal representative.
The different steps in concluding a contract on the Website are as follows:
1. Choosing the Product and/or subscription;
2. Login and/or communicate your personal information via the online order form.
3. Communicate your payment information via the secure payment page.
4. Confirm your order and/or your subscription.
5. Immediately receive an email confirming the order and/or the subscription.
6. By ordering on the Website, you (a) confirm that you are of adult age and/or have the legal right to sign a contract within your jurisdiction, (b) expressly accept these Terms without reservation and (c) recognise having understood their content and scope.
The Company reserves the right to modify these Terms as it wishes and at any time. The users of the Website will be informed of these changes by email or other notification. You are, however, responsible for informing yourself concerning such modifications. By continuing to use the Website or the Services after any such modification you are effectively confirming your acceptance of the new Terms and your agreement to the said modification.
The Company reserves the right to cease or to refuse to supply the Services or to end the Website or the Services at any moment, without notice and without having to provide any reason.
II. Prices and products
The prices are given in euros.
The amount that will be invoiced by the Company includes the price of the products and the delivery charges.
Any customs duties or taxes or any other cost linked to importing the goods to the Customer's country of residence are solely at the cost of the Customer and will be invoiced as an additional amount by the authority concerned.
The Company reserves the right to change its prices at any time and without notice. The orders placed before any change in price will not however be affected and will be invoiced at the price indicated at the time of the order such as it was validated by the Customer.
The products remain the property of the Company until the full amount invoiced has been paid in its totality. The Company reserves the right to include this pact concerning the retention of title in the register of pacts of retention of title of the Republic and Canton and Geneva.
III. Secure payment
The Company uses a secure payment platform that guarantees, in accordance with current standards, the greatest degree of confidentiality concerning Customer bank details.
Payments by bank card are handled, on behalf of the Company, by the following organisms: ICE NET.
IV. Delivery and shipping charges
The Company undertakes to despatch orders within a maximum period of 10 (ten) working days following reception of payment, as long as the items ordered by the Customer are indicated as being "in stock" when the order is placed. The availability of the products as shown in the online store is, however, only given as an indication; availability may also be modified at any moment according to variations in stock levels.
The delivery time varies according to the country of destination.
All parcels are shipped by La Poste (the French Post Office) - from France - with a tracking number (except for parcels of small size for delivery within France that will be sent using the Colieco service or as standard post). The Company declines any responsibility concerning the transportation of parcels.
For other destination countries, the price invoiced on a fixed rate basis will depend on the country to which the order is to be delivered
It is the Customer's responsibility to ensure that the delivery address provided is complete so as to avoid problems during delivery by the postal service concerned.
If a parcel is returned by the postal service due to an incomplete or inaccurate delivery address, or if the parcel has not been collected within the allowed period of time, the Customer will bear the additional costs incurred in re-shipping the order. In this event, the estimated delivery times provided in these Terms will not be able to be respected.
Should a parcel be returned by the postal service concerned due to an incomplete or inaccurate address or if the parcel has not been collected within the allowed period of time, and if the Customer requests a refund of the corresponding order, the amount refunded by the Company will be limited to the total value of the products and will not include the shipping costs.
The Customer may at any moment consult the status of their order via the online tracking tool provided by the Company or the customer service department, the latter cannot however guarantee that there will never be any interruption to such accessibility.
The customer has a right to consult, modify, correct and delete their data as set out in art. 8 of the Swiss Federal law on data protection (LPD). The customer can exercise this right by contacting the Company by email or by postal mail.
The Company undertakes to ship orders in securely closed, plain packaging that bears no reference to its contents or the name of the Website.
Total confidentiality is also guaranteed for your payments, orders by credit/debit card are debited under a discreet name, with no further details given.
IX. Returning and exchanging goods
The Customer benefits from a "satisfaction or money back guarantee*" as concerns the item ordered from the store, valid for 14 days following receipt of the goods (the postmark being taken as proof).
Any risk of loss or damage during the return transport are born by the Customer, as are the return shipping charges.
The only goods refunded/exchanged will be those products that can again be offered for sale, unused and unopened and that have been returned in their plastic overpackaging.
If the Product(s) is/are not returned by the Customer within a period of fourteen (14) days from receipt of the order in the condition described above, the return will be considered as cancelled and the Customer must keep the product. The returned Product(s) will be refunded within a maximum period of thirty (30) days from the date of receipt, in the form of a credit of the amount to be refunded to the Customer's credit/debit card account.
The Customer must notify any reservations concerning the delivered product (for example: parcel damaged or already open, missing items) within 2 days of receipt of the product. No other compensation may be claimed for the non-receipt of an order.
X. Returning a faulty product
When returning a faulty or defective product, the return must take place within 14 days of receipt of the goods (with the postmark being taken as proof), the return and re-shipping costs will be at our charge once our Returns Department has confirmed the presence of the anomaly.
The products offered comply with current Swiss legislation. It is the Customer's responsibility to verify their local regulations as concerns importation to other countries.
The Company may under no circumstances be held responsible for the shipping of products judged to be illicit in the Customer's country.
No photographs or texts relating to the description of products are contractual, it is therefore possible that the customer may find slight differences in colour or packaging, for which the Company may not be held responsible.
When the customer validates their order on the Website, they declare having read and accepted the conditions of sale.
No advice and no information given to the Client, either verbally or in writing, may create a guarantee not already expressly provided for in these Terms.
These Terms are governed by Swiss law and may be modified at any time without notice.
XII. Consent relating to Personal Data
By using the Website and/or the Services, you agree that the Company shall collect, process and use your Personal Data.
XIII. Absence of guarantee
The Company provides the Website and Services on an "as is" and "as available" basis without any form of guarantee. The Company does not warrant that the Website or its use will be uninterrupted or without error or "bug".
The Company gives no warranty in relation to the Services that can be ordered through the Website.
THE COMPANY MAKES NO OTHER WARRANTY OTHER THAN THAT PROVIDED FOR IN THESE TERMS. WITHIN THE LIMITS OF CURRENT LEGISLATION, THE COMPANY IS EXEMPT FROM ANY RESPONSIBILITY AND GIVES NO WARRANTY OF ANY KIND, BE IT EXPRESSED OR IMPLIED, DIRECT OR INDIRECT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF COMPLIANCE, SUITABILITY FOR THE MARKET OR ANYTHING ELSE, OR GUARANTEES OF NON-VIOLATION OF THE RULES RELATING TO THE WEBSITE, SERVICES OR PRODUCTS DELIVERED. ONLY THE GUARANTEES PROVIDED IN THESE TERMS OR THOSE OF THE MANUFACTURER SHALL APPLY. THE COMPANY ONLY ACTING AS AN INTERMEDIARY FOR THE SALE OF THE PRODUCTS, AND NOT ITSELF IMPORTING THE PRODUCTS, IT DOES NOT PROVIDE ANY WARRANTY IN RELATION TO THE GOODS AND MAY NOT BE HELD RESPONSIBLE UNDER ANY APPLICABLE LAW CONCERNING THE PRODUCTS THEMSELVES. TO THE EXTENT THAT SOME COUNTRIES RESTRICT THE LIMITATION OF LIABILITY FOR WILFUL MISCONDUCT OR GROSS NEGLIGENCE, THIS CLAUSE MAY ONLY APPLY PARTIALLY TO YOU IN SUCH A CASE, BUT SHALL NEVERTHELESS REMAIN VALID FOR THE REMAINDER.
XIV. Intellectual property rights
All software, coding, layout, graphics, visual identity, designs, animations, logos, trademarks, videos, photos, music, files, text, comments, illustrations, images and photos or other content presented on the Website are the exclusive intellectual property of the Company and shall remain its intellectual property under all circumstances.
Any reproduction or representation, total or partial, of the Website or its contents by any means whatsoever, both in Switzerland and abroad, without the express authorisation of the Company is prohibited and shall constitute a violation of copyright as understood by Article 67 of the Swiss Federal law on Copyright (LDA).
The Company's brands and logos as shown on the Website are registered trademarks. Any total or partial reproduction of these brands or logos copied from the Website without the express authorisation of the Company is prohibited and shall constitute a violation of trade mark rights as per Article 61 of the Swiss Federal Law on trade marks (LPM).
All rights relating to content not expressly included in these Terms remain the property of the Company. Any use of this content without the prior consent of the Company is prohibited. This notably applies, without this list being considered exhaustive, for any distribution, reproduction, modification, display or transmission of content or data.
You agree not to, unduly and without the Company's authorisation, extract, control, verify, copy, index or reference any Website content whether manually or by using robots, spiders or any other automated system.
The Company's rights include rights to (i) the Website, (ii) the domain names used (iii) the Services developed and made available by the Company; and (iii) all software, DNS and codes used to make the Website and the Services available as hosted on the above domain names.
XV. Prohibited uses
You may not use the Website and/or the Services to:
- Diffuse, send or upload spam, unsolicited electronic communications, chain letters or pyramid schemes;
- Hack or spread viruses or any technology that may damage the Website or the interests or property of the Users.
- Post comments or assessments that are inaccurate, unfair, offensive, defamatory or in any way infringe the law in order to obtain undue benefits, harm to your competitors, to unduly damage the reputation or undermine the good character of a User or any third party or in any way take any action that may cause prejudice to or question the validity of the evaluation system on the Website;
- Export or re-export any application code or tool developed by and the property of the Company, unless you strictly comply with applicable laws in connection with the control of such export and this under any applicable law.
- Copy, modify or diffuse any rights or content available on the Website without prior authorisation.
- Commercialise any application, code, information, or software used on or by the Website.
In the event of any violation of these Terms or any other legal measures applicable to your use of the Website, the Company reserves the right to end the contract between yourself and the Company and to exclude you from the Website at their discretion, either with or without prior warning.
Given that the Services are based on the internet, they may be subject to temporary interruptions. The Company only accepts responsibility for the Website being temporarily unavailable, for failure of some or all of the Website functions, loss of data during any such interruption to or malfunction of the Website. The Company will endeavour to ensure that the Website works reliably, continuously and without anomaly. However, notably but not exclusively, due to maintenance work, there may be times during which the Website is partially or totally unavailable, any such unavailability shall not give Users, whether or not they are Customers, any right to make any claim, vis-à-vis the Company. The Company may not be held liable for any anomalies, data loss or damage arising in connection with any failure or interruption to the availability of the Website, the Services or your access to the Website. The Company offers no warranty concerning any synchronisation of the system time and official time.
The Company also excludes any liability for any damage suffered from the use or misuse of the Website or of the Internet by other users or third parties.
XVII. Internet and data security
Customers using the Website are expressly informed of the risks linked to the technical characteristics of the Internet. Although the Company will do everything reasonable within its power to provide the greatest security for your data, the Company may not, in view of these technical specifications, guarantee that the information and data transferred via the Services made available by the Website may not be intercepted by a third party and that the confidentiality of exchanges is totally guaranteed.
Given that it is difficult to identify an internet-user, the Company provides no guarantee of being able to find the identity of a User of the Website.
XVII. Responsibility of the Internet User
It is your responsibility to use the information on the Website with caution and conduct any necessary verification. You are aware that you use the Website at your own risk.
You acknowledge having the skills and means necessary to access and use the Website and have verified that the IT configuration used is virus-free and is in perfect operating condition.
XIX. Applicable law and jurisdiction
These Terms are governed by Swiss substantive law, with the exception of the Swiss Federal Law on Private International Law (LDIP).
Any dispute arising from these Terms, including, but not limited to, those relating to the validity of these Terms and the usage of the Services or the Website or their content must imperatively be submitted to the competent courts of the Swiss Republic and the Canton of Geneva, subject to appeal to the Swiss Federal Court. The United Nations Convention on the International Sale of Goods or the Lugano Convention are not applicable in connection with the Services or the Website.
You agree to fully compensate the Company, its subsidiaries, officers, directors, agents and/or employees for any expense, cost, damage and expenditure (including court costs and lawyers fees) arising in connection with your violation of these Terms or of any law or applicable standard.
XXI. Entire Agreement
XXII. Communication with the Customer
By becoming a User of the Website, the Customer acknowledges that all exchanges between them and the Company shall be mainly electronic (email) except in special cases as set out in these Terms and Conditions or as required by law. The Customer expressly accepts that any invoice shall be sent to them by email.
The Customer contractually acknowledges that all information, notifications and contracts are completely in accordance with current regulations.
XXIII. Transfer of rights and obligations to third parties
The Company reserves the right to assign the totality or any part of their rights and obligations under these Terms to a third party or parties or have them carried out by a third party or parties.
XXIV. Release clause / Severability
If any provision of these Terms shall prove to be totally or partially invalid and/or inapplicable, the validity and/or the application of all other provisions or part thereof shall not be affected. The inapplicable and/or invalid provisions shall then be replaced by the legally valid provision(s) considered to be closest in meaning to the inapplicable and/or invalid provision(s). The same will be the case in the event of any deficiency in these Terms.
These Terms are protected by copyright.
Geneva, 1 June 2017