Terms of service
Terms and Conditions
Overview
This website is operated by R&B Bergli Peak GmbH. Throughout the site, the terms "we," "us," and "our" refer to R&B Bergli Peak GmbH. R&B Bergli Peak GmbH offers this website, including all information, tools, and services available on this website, to you, the user, on the condition that you accept all the terms, conditions, policies, and notices stated here.
By visiting our website and/or making a purchase from us, you engage in our "service" and agree to be bound by the following Terms and Conditions ("Terms," "Conditions"), including any additional terms and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all website users, including users who are visitors, vendors, customers, merchants, and/or content creators.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree with all the Terms of this agreement, you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms.
All new features or tools added to the current store are also subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. By continuing to use or access the website after any changes to these Terms, you accept those changes.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - CONDITIONS FOR THE ONLINE STORE
By agreeing to these Terms and Conditions, you confirm that you are at least the age of majority in the country of your residence, or that you are the age of majority in the country of your residence and have given us your consent for your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including, but not limited to, copyright laws) by using the service.
You may not transmit worms, viruses, or any other destructive code.
Violation of or failure to comply with any of these conditions will result in the immediate termination of your services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You acknowledge that your information (excluding credit card information) may be transferred unencrypted and that (a) transmissions over various networks may involve (b) changes to conform to the technical requirements of connected networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the service or access to the service without our express written permission.
The headings used in this agreement are for convenience only and do not limit or otherwise affect these terms.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or timely sources of information. Any reliance on the material on this website is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content on this site at any time, but we are not obligated to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
SECTION 4 - CHANGES TO THE SERVICE AND PRICES
The prices for our products may change without notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time.
Shopify is not liable to you or any third party for any modification, price change, suspension, or discontinuation of the service.
SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and are subject to return or exchange only according to our return policy.
We have made every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that your computer monitor will display the colors accurately.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions or product prices are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this website is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that errors in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account or the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please read our return policy.
SECTION 7 - ADDITIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which such tools are provided by the third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and services available through our service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of these materials, and we do not warrant or assume any responsibility for third-party materials, websites, or other materials, products, or services of third parties.
We are not liable for any damages arising from the purchase or use of goods, services, resources, content, or any other transactions related to third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Claims, concerns, or questions regarding third-party products should be directed to the third-party provider.
SECTION 9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If you send certain submissions (e.g., contest entries) at our request or without a request from us, such as creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use any comments you send us at any time, without limitation. We are under no obligation to (1) keep comments confidential, (2) pay compensation for comments, or (3) respond to comments.
We may, but are not obligated to, monitor, edit, or remove content that we consider, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or infringing on the intellectual property of any party or these Terms and Conditions.
You agree that your comments will not infringe on the rights of third parties, including but not limited to intellectual property rights, privacy rights, or other personal or proprietary rights. You further agree that your comments will not contain defamatory, unlawful, offensive, hateful, or obscene material or contain any viruses or other harmful code that could interfere with the operation of the services or any related website. You may not use a false email address, impersonate any other person, or mislead us or third parties regarding the origin of comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any comments posted by you or third parties.
SECTION 10 - PERSONAL DATA
The submission of personal data through the store is governed by our Privacy Policy. Please read our Privacy Policy for further details.
SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information related to the service or any associated website is inaccurate.
We are under no obligation to update, amend, or clarify information related to the service or on any associated website, including, but not limited to, pricing information, unless required by law. The specified update dates on the service or any associated website should not be taken to indicate that all information in the service or on any associated website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content for the following purposes: (a) for unlawful purposes; (b) to solicit others to perform or participate in unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other harmful code that may affect the functionality of the service or any related website; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website. We reserve the right to terminate your use of the service or any associated website if you violate any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, guarantee, or assume responsibility for the uninterrupted, timely, secure, or error-free operation of the service.
We do not guarantee that the results that may be obtained from using the service will be accurate or reliable.
You agree that we may remove the service for an indefinite period or discontinue it at any time without notice.
You expressly agree that your use of the service or inability to use the service is at your own risk. The service and all products and services delivered to you through the service are provided to you (unless expressly stated by us) "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, non-infringement, or intellectual property rights.
In no case shall R&B Bergli Peak GmbH, its directors, officers, employees, subsidiaries, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, loss of profits, lost revenue, lost savings, data loss, recovery costs, or similar damages, whether based in contract, tort (including negligence), or strict liability, arising from your use of the service or any products obtained through the service, or for any other claims related to your use of the service or a product, including but not limited to errors or omissions in content or any loss or damage of any kind arising from the use of the service or content (or products) posted, transmitted, or otherwise made available through the service, even if we were advised of the possibility of such damages.
Since some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability will be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless R&B Bergli Peak GmbH and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claims or demands, including reasonable attorneys' fees, made by any third party due to your violation of these Terms and Conditions or the documents incorporated by reference herein, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms and Conditions, with such determination not affecting the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The parties' obligations and liabilities incurred prior to the termination date will survive the termination of this agreement for all purposes.
These Terms and Conditions are effective until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or when you cease using our website.
If, in our sole judgment, you fail to comply with any provision of these Terms and Conditions, or we suspect you have done so, we may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the termination date, and/or we may deny you access to our services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions, along with any policies or operating rules posted by us on this site or in relation to the service, constitute the entire agreement and understanding between you and us and govern your use of the service, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, previous versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and Conditions and any separate agreements under which we provide you services shall be governed by and construed in accordance with the laws of Rickenstrasse, Uetliburg, Sankt Gallen, 8738, Switzerland.
SECTION 19 – CHANGES TO THE TERMS AND CONDITIONS
The latest version of the Terms and Conditions can be viewed at any time on this page.
We reserve the right to update, change, or replace any part of these Terms at our discretion by posting updates and changes to our website. It is your responsibility to check our website regularly for any changes. By continuing to use our website or the service after the changes to these Terms have been posted, you accept those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at info@rnb-berglipeak.com.