Terms and conditions
1. Scope of application
The Terms and Conditions set forth below shall apply to all use of Swissprofessionalmedia AG Website www.spmshop.ch (the "Website") and purchase of products through the Website. By your use of the Website or purchase of products through the Website, you agree to these Terms and Conditions. Please read them carefully. By using the Website or purchasing products through the Website, you agree that all agreements, notices, disclosures and other communications that Swissprofessionalmedia AG provides to you electronically satisfy any legal requirements that such agreements, notices, disclosures and other communications be in writing.
2. Your order
Swissprofessionalmedia AG only sells products to adults who can purchase its products using a credit card. By purchasing a product using this Website, you represent to Swissprofessionalmedia AG that you are an adult and that you are authorised to make the purchase using the credit card account information you provide. When you use this Website, you are responsible for maintaining the confidentiality of your access information and for restricting access to your computer. You agree to accept responsibility for all activities that occur on your computer relating to any use of the Website or any purchase of Swissprofessionalmedia AG products through your computer.
3. Parties to the transaction, customer service, and warranty claims
This Website is operated by
Swissprofessionalmedia AG
Grosspeterstrasse 23
4002 Basel
Switzerland
which is legally represented by Oliver Kramer as CEO. All complaints or warranty claims may be sent to this address. Swissprofessionalmedia AG's customer service department may be contacted using the following contact information:
Phone: +41 (0) 58 958 96 96
E-Mail: shop@s-p-m.ch, 24 hours a day, 7 days a week
Fax: +41 (0) 58 958 96 90 hours a day, 7 days a week
4. Completion of a purchase
Credit card payment is the only form of payment Swissprofessionalmedia AG accepts for products ordered by you through the Website. Any orders placed by you on this Website constitute a binding offer by you to conclude a purchase with Swissprofessionalmedia AG. The binding purchase agreement comes into existence only when Swissprofessionalmedia AG accepts your order on the Website by sending you an e-mail or written communication, or by shipping the products ordered.
5. Taxes
When Swissprofessionalmedia AG is required by law to collect applicable taxes relating to your order, you authorize Swissprofessionalmedia AG to charge the applicable taxes to your credit card.
6. Reservations and exceptions
Swissprofessionalmedia AG reserves the right to change prices, terms, specifications and warranties for products on this Website at any time without prior notice. Swissprofessionalmedia AG attempts to post accurate information, but errors may sometimes occur. Any such errors in product specifications, descriptions, and pricing will be corrected when discovered and Swissprofessionalmedia AG reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted. If an error in pricing is discovered after your order has been submitted, Swissprofessionalmedia AG will inform you of the error at which time you may cancel or reaffirm your order at your option.
7. Product availability
Once Swissprofessionalmedia AG accepts your order, it will attempt to promptly fill the order subject to available inventories.
8. Terms of payment
The purchase price for the products ordered by you is due upon the shipment of your order by Swissprofessionalmedia AG. Upon shipment, Swissprofessionalmedia AG will charge the credit card account you identified when your order was placed for the purchase price, the cost of shipping and handling and applicable taxes. You may not make any set off against Swissprofessionalmedia AG's claim for payment unless the amount set off is not disputed by Swissprofessionalmedia AG or has been the subject of a final and binding judgement against Swissprofessionalmedia AG.
9. Delivery and reservation of title
The products ordered by you will be delivered to the address entered by you through a delivery service selected by Swissprofessionalmedia AG. You agree that the products ordered and sent to you remain Swissprofessionalmedia AG's property until full payment has been received by Swissprofessionalmedia AG.
10. Right to cancel the purchase
You may cancel this purchase for any reason up to two weeks following your receipt of the ordered products. If you cancel this purchase, Swissprofessionalmedia AG will, upon receipt of the returned products, refund or credit any payments you have made for the ordered products.
To cancel the purchase, you must send a written notice to the address specified above in paragraph 3 within two weeks of your receipt of the products, or send the products back to the following address for delivery within two weeks of your receipt of the products:
Swissprofessionalmedia AG
Grosspeterstrasse 23
4002 Basel
Switzerland
If you cancel the purchase by written notice, you must return the products to this address within 30 days of the cancellation.
In case you cancel the purchase you are responsible for the costs of and arrangements for the shipment of the products to be sent back to Swissprofessionalmedia AG. You must take reasonable care that the products are not damaged during their return.
11. Warranty and limitation of liability
LIMITED WARRANTY
Swissprofessionalmedia AG warrants for a period of one year, beginning on the date of your receipt of the products, that its products are free from defects in materials and workmanship. This warranty is extended only to you, as the purchaser of the products, and not to any subsequent owner of the products.
You may return defective products to us within one year of the date of your receipt of the products for replacement (subject to product availability) or a full refund, at Swissprofessionalmedia AG's option.
Please return defective products to:
Swissprofessionalmedia AG
Grosspeterstrasse 23
4002 Basel
Switzerland
Include in the returned materials a written statement of the following: your telephone number, your full address, the date you received the products and the nature of the defect.
You are responsible for the costs of and arrangements for the shipment of the products to be sent back to Swissprofessionalmedia AG. In the event Swissprofessionalmedia AG determines that your warranty claim is justified, Swissprofessionalmedia AG will refund to you the necessary costs of shipment through the U.S. Postal Service. You must take reasonable care that the products are not damaged during their return.
Swissprofessionalmedia AG's customer service department may be contacted, 5 days a week, between 8:00 am to 5:00 pm (CET) using the following contact information:
Phone: +41 (0) 58 958 96 96
E-Mail: shop@s-p-m.ch, 24 hours a day, 7 days a week
Fax: +41 (0) 58 958 96 90 hours a day, 7 days a week
SWISSPROFESSIONALMEDIA AG HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
THIS WARRANTY REPRESENTS SWISSPROFESSIONALMEDIA AG'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR DEFECTS IN MATERIALS AND WORKMANSHIP. SWISSPROFESSIONALMEDIA AG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PRODUCT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY, FROM STATE TO STATE.
The exclusion or the limitation of liability for damages according to the above paragraphs also applies to potential claims against employees or authorized representatives of Swissprofessionalmedia AG.
12. Prohibition of assignment
You may assign your contractual rights under these Terms and Conditions to a third party only with Swissprofessionalmedia AG's prior written consent.
13. Applicable law
By using this Website, you agree that the laws of the city of Basel, Switzerland shall govern these Terms and Conditions without giving effect to any conflict of laws principles. Swissprofessionalmedia AG reserves the right to make changes to the Website and these Terms and Conditions at any time by updating this posting. By using the Website, you agree to be bound by the Terms and Conditions in effect at the time of your use or purchase.
14. Privacy
Swissprofessionalmedia AG will use your personal data to process the order(s) which you have placed and for market research to improve its product range. The data is stored and processed by Swissprofessionalmedia AG and by the companies of Süddeutscher Verlag in Switzerland and elsewhere. The data will not be sold to or shared with any other third parties. Swissprofessionalmedia AG may send you select advertisements for Swissprofessionalmedia AG products or notices of special promotions and other opportunities to buy Swissprofessionalmedia AG products. If at any time you do not wish to receive Swissprofessionalmedia AG advertisements or notices of future Swissprofessionalmedia AG promotions, please contact Swissprofessionalmedia AG customer support at:
Phone: +41 (0) 58 958 96 96
E-Mail: shop@s-p-m.ch, 24 hours a day, 7 days a week
Fax: +41 (0) 58 958 96 90 hours a day, 7 days a week
15. Disclaimers and limitations of liability relating to use of the website
The Website is provided on an "AS IS," "as available" basis. Neither Swissprofessionalmedia AG nor its affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors, or the like (collectively "affiliates") warrant that use of the Website will be uninterrupted or error-free. Neither Swissprofessionalmedia AG nor its affiliates warrant the accuracy, integrity or completeness of the content provided on the Website. You expressly agree that use of the Website is at your sole risk.
You agree that under no circumstances shall Swissprofessionalmedia AG or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website, including but not limited to reliance by a user on any information obtained on the Website or that result from mistakes, omissions, interruptions, deletion of files or e-mail errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorised access to Swissprofessionalmedia AG records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence or other tort. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
16. Proprietary rights
Content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "content") are protected by copyrights, trademarks, patent or other proprietary rights. All content is copyrighted as a collective work under the U.S. copyright laws and Swissprofessionalmedia AG owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of such content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the content, in whole or in part.
17. Complete agreement
You may not modify, delete or amend these Terms and Conditions in any manner without the express written agreement of Swissprofessionalmedia AG.
18. Headings
The section headings used in these Terms and Conditions are for convenience only and do not form a part of these Terms and Conditions and no construction or inference shall be derived from them.
