Legal notices
Last update on
February 17, 2025
PRIVACY POLICY - THE BASICS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Swiss-gifts ("Company", "we", "us" or "our"), concerning your access to and use of the website www.swiss-gifts.com as well as any other media form, channel, mobile website or mobile application related or otherwise connected thereto (collectively, the "Site").
You acknowledge that by accessing the Site, you have read, understood and agreed to be bound by all of these Terms of Use.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST EXIT THE SITE IMMEDIATELY.
Additional terms or documents that may be posted on the Site are expressly incorporated into these Terms. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Terms of Use periodically to stay informed of updates.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Persons under the age of 18 are not permitted to use or register on the Site.
Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws, intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and Marks are provided on the Site for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights that are expressly granted in the Site, the Content and the Marks.
User representation
By using the Site, you represent and warrant that:
(1) you have the legal capacity and you agree to comply with these Terms of Use;
(2) you are not a minor in the jurisdiction in which you reside;
(3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise;
(4) you will not use the Site for any illegal or unauthorized purpose;
(5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of the Site (or any portion thereof).
Activities prohibited on the site
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed by us.
As a user of the Site, you agree not to:
1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
2. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information, such as user passwords.
3 Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
4. Disperse, tarnish or otherwise harm us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse or harm another person.
6. Improperly use our support services or submit false reports of abuse or misconduct.
7. Use the Site in a manner inconsistent with any applicable law or regulation.
8. Use the Site to advertise or offer goods or services.
9. Implement framing or linking actions to the site
10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including spamming (continuous posting of repetitive text), that interferes with any party's use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
11. Engage in any automated system actions, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
12. remove the copyright or other proprietary rights notice from any Content.
13. attempt to impersonate another user or person or use another user's username.
14. sell or otherwise transfer your profile.
15 Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, gifs, 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms").
16. Disrupt or create an undue burden on the Site or the networks or services connected to the Site.
17. Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any part of the Site.
18. Attempt to circumvent any measures on the Site intended to prevent or restrict access to the Site or any portion of the Site.
19. Copy or adapt the Site's software, including, but not limited to, Flash, PHP, HTML, JavaScript or other codes.
20. Decrypt, decompile or disassemble any software comprising or in any way constituting a part of the Site.
21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any robot or utility that accesses the Site, or use or launch any unauthorized script or other software.
22. use a purchasing agent or purchasing agent to make purchases on the Site.
23. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
24. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any commercial endeavor or revenue-generating enterprise.
User Contributions
The Site may invite you to chat, contribute to, or participate in blogs, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and by third-party websites. As such, any Contribution you transmit may be treated as non-confidential and non-proprietary.
When you create or make available any Contributions, you represent and warrant that:
1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2 You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3 You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4 Your Contributions are not false, inaccurate or misleading.
5 Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, or otherwise objectionable.
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of these terms) any other person or to promote violence against a specific person or class of people.
9. Your Contributions do not violate any laws or regulations.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11 Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography or the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
Contribution License
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of or incorporate them into other works, and grant and authorize sublicenses of the foregoing.
This license will apply to any form, media, or technology now known or hereafter developed, and includes the use of your name, company name, and franchise name, if any, as well as any trademarks, service marks, trade names, logos, and personal and commercial images that you provide. You waive all moral rights in your Contributions, and you warrant that such rights have not otherwise been asserted in your Contributions. You retain full ownership of all your Contributions and any intellectual property or other proprietary rights associated with your Contributions.
We are not liable for any statements or representations contained in your Contributions that you provide in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to indemnify us from any and all liability and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise modify any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or remove any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Website and third-party content
The Site may contain links to other websites ("Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the legal notices, including privacy and data gathering practices, of any website to which you navigate or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites, and you shall release us from any harm caused by your purchase of such products or services. Additionally, you shall release us from any liability for any losses incurred or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Site management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation (3) in our sole discretion and without limitation, refusing, restricting access to, limiting the availability of, or disabling (to the extent technically feasible) any of your Contributions or any portion thereof; and (4) in our sole discretion and without limitation, notice, or liability, removing from the Site or otherwise disabling all files and content that are excessive in size or are burdensome to our systems.
Data Protection Policy
We care about privacy and data security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please note that the Site is hosted in Switzerland. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Switzerland, then through your continued use of the Site, you are transferring your data to Switzerland, and you agree to have your data transferred to and processed in Switzerland.
Respect for copyright
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material in the Notification.
Duration and termination
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR REMOVE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
You are prohibited from creating a new account in your name, under a false or borrowed name, or under the name of any third party, even if you may be acting on behalf of that third party. We reserve the right to take appropriate legal action, including but not limited to pursuing civil and criminal prosecution.
Service Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason in our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or any part of the Site at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site. We cannot guarantee that the Site will be available at all times. We may experience hardware, software or other problems or the need to perform maintenance related to the Site, resulting in interruptions, delays or errors. We reserve the right to modify, revise, update, suspend, discontinue or otherwise change the Site at any time or for any reason without notice to you. You acknowledge that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Applicable law and legal force
These terms are governed by and construed in accordance with Swiss law, and the use of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If you have your habitual residence in the EU and are a consumer, you are additionally protected by the mandatory provisions of the law of your country of residence.
Swiss-gifts and you agree to submit to the non-exclusive jurisdiction of the courts of Geneva, which means that you may enforce your consumer protection rights with respect to these Terms of Use in Switzerland.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall apply to the fullest extent permitted by law. We may assign any or all of our rights and obligations to third parties at any time.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of their drafting. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Contact
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at
Swiss-Gifts
Case postale
1211 Geneva 3
either by email to the following address: info@swiss-gifts.com