Terms and conditions
1.1 These terms and conditions shall govern your use of our website. All special terms published on our site under the legal section are an integral part of these terms and conditions. The terms for “packaging and shipping” includes details for the orders and shipping from our site, as well as damages or any order related issues or refunds.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website, or use any of our website services or order, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website, and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least  years of age. If you are ordering products containing ingredients that are limited to use for persons under a specific age, which is given by the law of your living country, you confirm herewith that you are obtaining these rules.
2. Copyright notice
2.1 Copyright (c) 2017, Swissmade Trading Ltd, CH-6014 Lucerne.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, or the third party brand owners own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved by the holder and owner of these brands and trademarks.
3. License to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1, special permission, or the other provisions of these terms and conditions, you are not allowed to download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal purposes, and you are not allowed to use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you are not allowed to use, edit, or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, or have written permission from us, you are not allowed to:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4. Acceptable use
4.1 You are not allowed to:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing).
4.2 You must not use data collected from our website to contact individuals, companies, or other persons or entities.
4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete, and non-misleading. Otherwise, you agree to refund the damages.
5. Registration and accounts
5.1 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete, comprehensible, and non-misleading. Otherwise, you agree to refund the damages.
5.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
5.3 You should not allow any other person to use your account to access the website. You are fully responsible for these actions.
5.4 You have to notify us in writing immediately if you become aware of any unauthorized use of your account or any of you datas related to our website, including credit card datas.
5.5 You must not use any other person’s account to access the website unless you have that person’s express permission to do so.
5.6 For any misusing or failure against 5.1-5.5, you are fully responsible and therefore have to cover any damages or losses.
6. User IDs and passwords
6.1 If you register for an account with our website, you will be asked to choose a user ID and password.
6.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password and change it immediately.
6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses and damages arising out of such a failure.
7. Cancellation and suspension of account
7.1 We may:
(a) suspend your account;
(b) cancel your account at any time in our sole discretion without notice or explanation if we recognize any activities against our policies and terms and conditions.
7.2 You may cancel your account on our website using your account control panel on the website.
8. Your content: license
8.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software, and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
8.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website.
8.3 You grant us the right to sub-license the rights licensed under Section 8.2.
8.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law, and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.6 You may edit your content to the extent permitted using the editing functionality made available on our website.
8.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
9. Your content: rules
9.1 You warrant and represent that your content will comply with these terms and conditions.
9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libelous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property rights;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience, or needless anxiety to any person.
10. Limited warranties
10.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service or goods on the website will remain available or deliverable at any time.
10.2 We reserve the right to discontinue or alter any or all of our website services and products, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
10.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website, and the use of our website.
11. Limitations and exclusions of liability
11.1 A contract under these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence and from gross negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation including negligence and from gross negligence;
(c) limit and/or exclude any liabilities in any way that is permitted under applicable law; or
(d) exclude any liabilities that may be excluded under applicable law.
11.2 The limitations and exclusions of liability set out in this Section 11 and elsewhere in a contract under these terms and conditions:
(a) to subject to Section 11.1; and
(b) govern all liabilities arising under that contract or relating to the subject matter of that contract, including liabilities arising in contract, in tort (including negligence and gross negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in that contract.
11.3 To the extent of our services on our website, we will not be liable for any personal injuries, losses, or damages of any nature, including the sold products and goods.
11.4 We will not be liable to you in respect of any losses or damages arising out of any event or events.
11.5 We will not be liable to you in respect of any personal or business losses, including (without limitation) loss of or damage to profits, income, revenue, any use of products and goods, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
11.6 We will not be liable to you in respect of any loss or corruption of any data, database, or software.
11.7 We will not be liable to you in respect of any special, direct, indirect, or consequential loss or damage.
11.8 The warranty of your ordered products is given by the manufacturer and is not in any way extended from our side.
11.9 We try to make our customers happy. For returning goods, you have to contact us first. Replacement of a good is only possible if the good is damaged by the manufacturing and its package is in the original condition. Therefore you have to send us within 24 hours after receiving your order pictures of the package and from the damaged goods. A refund in the sense of “don’t like, not satisfied” is not granted. So please check it clearly before you are placing the order. If you return goods without agreement from our side and in any case, refunds are given only after deducting our costs and a handling charge of $ 50.00. For further information and limited liabilities, see in “packaging and shipping,” which are a part of these terms and conditions.
11.10 We are not liable to you in respect of any special, direct, indirect, or consequential loss or damage regarding shipping, except it is covered by the carrier and only for the amount which is covered by the carrier.
11.11 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any injuries, losses or damages you suffer in connection with the website, products or these terms and conditions.
12. Breaches of these terms and conditions
12.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website;
(h) report you including your datas to a customer blacklist.
12.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
13.1 We may revise these terms and conditions from time to time without any prior notice.
13.2 If you have agreed to these terms and conditions, we will not ask for your express agreement to any revision of these terms and conditions, and if you do not agree to the revised terms and conditions, we will disable or delete your account on the website.
14.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
14.2 You may not without our prior written consent assign, transfer, sub-contract, or otherwise deal with any of your rights and/or obligations under these terms and conditions.
15.1 If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
15.2 If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
16. Third-party rights
16.1 A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
16.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
16.3 As noted before, any rights of trademarks, intellectual properties, signs, etc. belong to the owner of these properties.
17. Entire agreement
17.1 Subject to Section 11 and 12, these terms and conditions, together with our other policies First Time Order, How To Order, Payment Options, Packing & Shipping, Security Statement, Privacy Statement, and other published agreements and documents under legal and articles separately, shall constitute the entire agreement between you and us in relation to your use of our website and products and shall supersede all previous agreements between you and us in relation to your use of our website and the products.
18. Law and jurisdiction
18.1 A contract under these terms and conditions shall be governed by and construed in accordance only with the Swiss law. The provisions of the CISG are excluded.
18.2 Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Lucerne, Switzerland.
19. Statutory and regulatory disclosures
19.1 We are registered in the canton of Lucerne; and our registration number is: CHE-408.975.522.
19.2 Our VAT number is CHE-408.975.522 MWST.
20. Our details
20.1 This website is owned and operated by Swissmade Trading Ltd, Lucerne.
20.4 You can contact us by writing to the business address given on the website, by email to [email protected] or by telephone on +41 33 533 39 88.