In the following please find the General Terms and Conditions (“GTCT”) of
Represented by: Olesya Leuenberger
Telephone: +41 44 585 96 42
E-mail: [email protected]
Company register number: CH-020.3.046.531-0
Commercial Registry Office: Zurich, Switzerland
(hereinafter also referred to as “Fameuz AG”, “we”, “us”, “our” or similar)
Please read the GTCT carefully. By ordering goods or services (“products”) through this website or by registering on or with this website the customer (hereinafter also referred to as “you” or “your” or similar) agrees that these GTCT shall apply exclusively to the business or legal relationship between you as our customer and us. Individual agreements between you and us, however, shall prevail.
1.1 THIRD-PARTY WEBSITES
Our GTCT shall not apply, if our products are sold, delivered, brought or rendered to you by third-party websites, irrespective of whether you directly go to the third-party website or click yourself through a link on our website to the third-party website (like for example iTunes, Amazon or other online stores etc). Only the third-party’s terms and conditions shall apply in such cases. IN SUCH CASES WE ARE NOT THE VENDOR AND WE ARE NOT RESPONSIBLE FOR THE CONTRACT THAT YOU CONCLUDE WITH THE THIRD PARTY. ONLY THE THIRD PARTY AND NOT US IS RESPONSIBLE IN SUCH CASES.
1.2 OUR GTCT APPLY ONLY, IF WE ARE THE VENDOR
Our GTCT shall only apply to such products (goods and services) which are sold, delivered, brought or rendered by us, the vendor Fameuz AG, through this website to you as our customer. The term “product(s)” shall also include services. The term “customer” shall include entrepreneurs and consumers.
1.3 By ordering goods or services through this website with us as a vendor you agree that our GTCT shall apply exclusively to the business or legal relationship between you as our customer and us. We will accept no other terms and conditions by our customers or third persons. Even our silence does not make such other terms and conditions part of our business or legal relationship with you. Individual agreements between you and us, however, shall prevail.
1.4 By ordering our goods or services through this website YOU REPRESENT AND WARRANT THAT YOU (A) ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU.
1.5 Please be aware that there will be no 100% guarantee that this website will constantly be available at all times. However, we will use our best efforts to make this website available to you as far as this is technically possible and reasonably achievable.
1.6 We have the right to reasonably change our services to the customer or to stop offering any services to customers in the future.
1.7 We may reasonably revise and update our GTCT at any time by posting such revised or updated GTCT on or at our website. Any changes to our GTCT will become effective upon posting such revisions or updates. You agree to be bound to the modifications and should therefore periodically visit this page to review our current GTCT to which you are bound. We will inform you, if legally necessary, about your right of withdrawal.
2.1 If we mention prices on this website or in our written material, or if we describe our services therein, we want to only invite you to make an offer to buy our products (so called invitatio ad offerendum). The offer is then your order of one or more of our products with us. We are free to accept or not to accept your offer. Once we have accepted your offer, we have reached an agreement with you. Before this moment, we are free to change the prices for our products and other terms and conditions.
2.2 After we have received an offer (order) from a customer, we have 7 days time to accept or not to accept the offer. Silence from our side will mean that we did not accept the customer’s offer. The customer can order from us only online via our website.
2.3 The offer of a customer will be accepted from us usually in one of the following ways:
- an order confirmation of the customer’s offer or
- we send out the ordered product to the customer and the customer actually receives it.
2.4 Before we accept your offer, you may receive an automatically created e-mail summary of your offer (order). Please note, that this summary e-mail is not an acceptance of your offer (order). This e-mail only summarizes all content of your offer (order). An order confirmation (acceptance of your offer) will instead have the headline “Order Confirmation.”
If you are a consumer, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Fameuz AG, Eggstrasse 3, CH-8803 Rüschlikon, Switzerland, telephone: +41 44 585 96 42, e-mail: [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the below model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
END OF WITHDRAWAL INSTRUCTIONS
III. Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract according to 3. I. above)
E-mail: [email protected]
- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
- Ordered on (*)/received on (*),
- Name of consumer(s),
- Address of consumer(s),
- Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
You warrant and represent that all the information you have given to us when ordering a product from us, including bank account data, credit card information, your billing address and your shipping information, etc., is current and accurate and that this information is sufficient for the execution of your payment and your product order by us.
5.1 As far as nothing else is expressly agreed upon between the parties, the list price at the time of delivery shall have to be paid by the customer. In case of doubt, not the prices on our website or in an automatic summary e-mail (see 2.4) shall be decisive, but the price named or specified in our acceptance of your offer. In case the price named or specified in an order confirmation (acceptance) differs from the price in your offer, our acceptance does not lead to a contract, but shall be deemed to be a new offer to the customer which the customer is free to accept.
5.2 We are entitled to retract from granted discounts any time before the acceptance of your offer, in particular because of cost increases for materials, carriage or labour, taxes, duties, higher exchange rates, etc. The provision in 5.1 (sentences 2 and 3) shall apply accordingly.
5.3 As far as nothing else is expressly agreed upon between the parties, the currency as noted or specified on this website shall be decisive.
5.4 Product prices include potential value added taxes. You shall pay all charges that may be incurred by you or on your behalf through our website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. All prices are not negotiable, once there is a binding contract between the parties.
5.5 We offer different payment options to our customers. As far as nothing else is expressly agreed upon between the parties and nothing else is specified on our website, the customer has the option to pay (1) via the payment system PayPal, or (2) via credit card which we will charge with the consent of the costumer.
5.6 We may automatically process charges against your selected payment method on the receipt page or when we provide you with a "Download" link, except of course, if it’s a free of charge “Download” link.
5.7 The offsetting of payments is permitted only if the money counterclaims are legally ascertained by a court of law of good jurisdiction or are not in dispute between the parties. In addition, the customer is authorised to the exercise of a retention right only if his / her counterclaim is based on the same contractual relationship.
5.8 If the customer is in default with his / her payment, we are entitled to charge interest on arrears at the rate of 5 percent points above the base interest rate as announced by the European Central Bank p.a. If we can prove higher damages in case of such a default, we are entitled to such higher damages. In case of a default of the customer we are only obliged to other deliveries to the customer if the customer has paid the entire open amount and has given us security for other deliveries.
In case you go bankrupt, you receive a court order to liquidate your assets, or we have reason to believe that you are not or will not be able to pay your debts when they are due, we are entitled to do the following:
- We may stop all further deliveries and call back all deliveries in process
- We may reject any more orders from you and retract from existing contracts
- We may stop all services we had granted to you to your benefit
7.1 The liability of Fameuz AG is excluded or limited concerning injuries and damage to life, body or health, unless we or our legal or other representatives were acting with intent or negligence concerning the acts or omissions that led to the injuries.
7.2 For all other injuries the liability of Fameuz AG is excluded or limited, unless we or our legal or other representatives were acting with intent or gross negligence concerning the acts or omissions that led to the injuries.
7.3 If a statute holds a provision we cannot deviate from, then this statutory provision shall apply (e.g. § 14 German Product Liability Code).
7.4 You have the obligation to do everything what is reasonably possible to avoid or limit damages or the amount of damages. If you do not comply with this provision, a court of law may shorten the amount of damages which you may claim against us. See, e.g., § 254 German Civil Code.
You agree to indemnify us from all liability as well as from all demands or costs which are asserted, brought or claimed against us by third persons as a result of your infringement of rights of third persons.
9.1 Both Parties understand that, considering the current state of the art, it is not possible to entirely exclude technical software problems, to manufacture faultless software or to cure every defect.
9.2 If the purchased product is defect, even considering Section 9.1 of these GTCT, the guarantee regulations as provided for by law or statute in the respective country shall apply, unless the following provisions provide for different regulations.
9.3 A product is defect if it is not of the agreed upon nature or quality or injures copyrights or other rights of third persons. But please see also Section 9.1 of these GTCT.
9.4 A product, in particular software, is not defect if it suffers from compatibility problems with other software or hardware, unless both Parties have expressly agreed upon otherwise.
9.5 We will not be liable for any mishandling, misuse, misinstallation etc. of the product on your side. We are also not liable if you do not heed or follow instructions by the manufacturer of the product.
9.6 You lose the right to use and/or enjoy the product once you exercise a right to rescind the contract. In such a case, you need to immediately delete all products (e.g. educational videos, electronic music, downloads etc.) bought from us in the rescinded contract from all of your hardware and destroy all copies and other copies of the product. You agree that after the exercise of a right to rescind the contract you will declare and swear in writing that you have carried out or will immediately carry out all the acts which are required from you in 9.6.
10.1 You are obliged to immediately report or indicate to us defects of the ordered product(s) in writing (to: Fameuz AG, Eggstrasse 3, CH-8803 Rüschlikon, Switzerland, e-mail: [email protected]), concerning evident defects at the latest after five working days after receipt of the product(s), and concerning hidden defects at the latest after one year after receipt of the product(s).
10.2 Once you have discovered a hidden defect, you are obliged to immediately report or indicate to us this discovered defect in writing to the under 10.1 mentioned address.
11.1 If a government or another authority of your country or any other country requires an approval or license for the purchase, transport or use of the product, it is incumbent upon you to get this approval or license at your own expenses and to prove these approvals and licenses to us, if requested by us. Non-performance of this obligation does not entitle you to hold back or delay any payment of the product to us. You agree to bear all our costs and expenses which result out of any non-performance of this obligation.
11.2 The products may have to comply with certain exportation controlling laws or exportation controlling regulations in the country of delivery or any other countries. It is incumbent upon you to obey these laws and regulations and to do nothing what could offend against them.
11.3 When certain products are imported into the European Economic Area (EEA) or into any other country of the world, the authorities may impose certain duty fees and taxes on you. We want to inform you that all such fees and taxes have to be paid by you only. You can find out more information about duty fees and taxes, for example, from a customs office responsible for your country.
Neither these GTCT nor any rights or membership granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
The contractual language which is available shall be only English.
15.1 You can detect typing or input errors for example by using the zoom function of your browser and by carefully re-reading what you had typed into your computer before ordering a product.
15.2 You can correct typing or input errors by using the “Back”-button of your browser or by using the “Delete”-button. Please ask us, if you want more information on how to correct typing or input errors.
16.1 These GTCT constitute the entire agreement between us and you with respect to your access and use of this website and the content contained in the GTCT, and your membership with this website, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of these GTCT shall be binding unless individually agreed upon between both Parties. You acknowledge, represent and warrant that you have read these GTCT and agree to be bound by them as part of and in consideration of using this website and the agreed upon services.
16.2 Failure by either Party to enforce any provision of these GTCT will not be deemed a waiver of present or future enforcements of this or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.
17.1 Governing law shall be in all cases with respect to all matters concerning these GTCT the laws of Switzerland, excluding all provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
17.2 The courts in Zurich, Switzerland, shall have exclusive jurisdiction in all cases with respect to all matters concerning these GTCT, unless a binding statute in your country excludes such an agreement about jurisdictions in your case.
17.3 If any provision of these GTCT shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these GTCT shall continue to be in full force and effect.
17.4 You agree that any unauthorized use of our website, our products or any related software or materials, or any third party applications, would result in irreparable injury to us or our affiliates, representatives and providers for which money damages would be inadequate, and in such event we, our affiliates, representatives and providers, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that we may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
18.1 Our website may include features via which you may post messages, upload files, input data, or communicate with other users through our website.
18.2 By posting messages, uploading files, inputting data, or engaging in any other form of communication through our website, you agree to (a) grant to us and our successors, licensees and assigns a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, or publicly display any such communication, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication, in each case including the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction, (b) absolutely and irrevocably waive in our favour and our successors, licensees and assigns, all moral rights in respect of any such communications, as far as this is legally possible in your jurisdiction, and (c) execute and deliver such further documents and do such further acts and things as we may request for the purpose of giving effect to the foregoing.
18.3 You agree, by using our website and the features mentioned in 18.1 and 18.2, that: (a) you will not use our website to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, or otherwise in violation of any law; (b) you will not restrict or inhibit any other user from using and enjoying our website; (c) you will not post and/or upload any copyrighted, trademark protected and/or patent protected material on our website unless you own the copyright / trademark / patent in and to such material; (d) you will not post or transmit any information or software that contains a virus, worm, time-bomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (e) you will not post or transmit materials in violation of another party’s copyright or other intellectual property rights; (f) you will not utilize any robot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation or content of our website; and (g) you will not impersonate any other individual or entity in connection with your use of our website or the features mentioned in 18.1 and 18.2.
18.4 Although we are not able to and do not review all posted messages, uploaded files etc., we reserve the right to remove any message for any reason we may consider appropriate. You remain solely responsible for the content of your messages.
18.5 Posting of advertisements, spam, chain letters, pyramid schemes, solicitations, and the like, are not allowed on and/or through our website.
Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless us and our affiliates and our representatives from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, our website; (b) any violation of our GTCT by you; (c) any messages, uploaded files or other forms of postings that you post on our website which, for example, may have caused damage to or infringed upon or violated the rights of a third party, including without limitation, past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
We may, at any time and for any reason, terminate your access to or use of our website, your user name and password, your account or any files or information associated with your user name and password.
21.1 All material on our website, including, but not limited to, music, lyrics, text, data, graphics, logos, button icons, images, audio clips, video clips, merchandising, links, digital downloads, data compilations, and software is owned, controlled, or licensed by Fameuz AG and is protected by copyright, trademark, and other intellectual property rights.
21.2 All trademarks and service marks on our website are the property of their respective owners. We do not necessarily own all trademarks or service marks which you see on our website.
21.3 Material on our website or sold through our website is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, publicly performed, publicly displayed, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without being stated on our website otherwise.
21.4 In some cases, we will give you an explicit permission to share our material, for example, via Facebook or Twitter. In such cases: please share our material with as many people as possible.
21.5 In all cases you promise and agree that you keep intact any and all copyright and other proprietary notices that may appear on our materials.
This Section applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Represented by: Olesya Leuenberger
Telephone: +41 44 585 96 42
E-mail: [email protected]
Company register number: CH-020.3.046.531-0
Commercial Registry Office: Zurich, Switzerland
Users may contact this Site at: [email protected] in order to resolve any billing disputes or to receive further information about this website.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, USA or by telephone at 1-916-445-1254 or by e-mail: [email protected]