Terms of service
Overview
This website is operated by Soray Switzerland. Throughout the website, the terms “we”, “us” and “our” refer to Soray Switzerland. Soray Switzerland offers you this website, including all information, tools and services available on this site, on the condition that you accept all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms of Service”, “Terms & Conditions”), including any additional terms, policies and notices referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the website, including, without limitation, visitors, vendors, customers, merchants and/or content providers.
Please read these Terms of Service carefully before accessing or using the website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you may not access the website or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current offering will also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service.
Section 1 – Online Use Terms
By agreeing to these Terms of Service, you confirm that you have reached at least the age of majority in the country or canton in which you reside and that you have given us permission to allow any of your minor dependants to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction while using the Service, including but not limited to copyright laws.
You must not transmit any worms, viruses or code of a destructive nature.
Section 2 – General Terms and Conditions
We reserve the right to refuse the Service to anyone at any time and for any reason.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, the use of the Service, access to the Service or any contact on the website through which the Service is provided without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect your use of the Service.
Section 3 – Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this website is inaccurate, incomplete or not current. The material on this website is provided for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is, by its nature, not current and is provided for reference purposes only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 – Changes to Services and Prices
Prices for our products are subject to change.
We reserve the right to modify or discontinue the Service, or any part or content thereof, at any time without notice.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.
Formation of the Contract
The display of products in the online shop does not constitute a legally binding offer but rather a non-binding online catalogue. By clicking the “Buy” button, you submit an offer to enter into a purchase contract. Immediately after submitting your order, you will receive an automated email confirming receipt of your order. This email confirmation does not constitute acceptance of the contract.
Warranty
Statutory warranty rights apply.
Section 5 – Products or Services (where applicable)
Certain products or services may only be available online through the website. These products or services may be available only in limited quantities and may only be returned or exchanged in accordance with our Returns Policy.
We have made every effort to display the colours and images of our products shown in the shop as accurately as possible. We cannot guarantee that your screen’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to certain persons, geographical regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions and prices may be changed at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited by law.
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 any errors in the Service will be corrected. Some of our products are shipped directly to you by our supplier. Any applicable fees, such as customs duties or import charges, are the responsibility of the customer.
Section 6 – Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, household or order. These restrictions may apply to orders placed using the same customer account, the same credit card and/or the same billing and/or shipping address. If we change or cancel an order, we will attempt to notify you using the email address and/or billing address/telephone number provided at the time the order was placed. We reserve the right to limit or refuse orders that, in our sole judgement, appear to have been placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
For further details, please refer to our Returns Policy.
Section 7 – Optional Tools
We may provide you with access to third-party tools over which we have no control or authority.
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 accept no liability arising from or relating to 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. You should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider.
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 website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or other transactions made in connection with third-party websites. Please carefully review the policies and practices of the relevant third party and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the relevant third party.
Section 9 – Comments, Feedback and Other User Submissions
If you submit certain materials, such as competition entries, or send creative ideas, suggestions, proposals, plans or other materials online, by email, by post or otherwise, whether at our request or unsolicited, collectively referred to as “Comments”, you agree that we may edit, copy, publish, distribute, translate and otherwise use such Comments in any medium at any time and without restriction. We are under no obligation to (1) maintain Comments in confidence, (2) pay compensation for Comments or (3) respond to Comments.
We have the right, but not the obligation, to monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Comments will not violate any rights of any third party, including copyright, trademark rights, privacy rights, personality rights or other personal or proprietary rights. You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive or obscene material, nor contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
Additional customs clearance fees and/or import duties are not included in the price and are the responsibility of the customer.
Section 10 – Personal Information
The submission of personal information through the shop is governed by our Privacy Policy.
Section 11 – Errors, Inaccuracies and Omissions
Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions relating 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 in the Service or on any related website is inaccurate, at any time without prior notice, including after you have submitted your order.
We are under no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or revision date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.
Section 12 – Prohibited Uses
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in unlawful acts;
(c) to violate any international, national, cantonal or municipal regulations, rules, laws or 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 type of malicious code that will or may affect the functionality or operation of the Service, any related website, other websites or the Internet;
(h) to collect or track the personal information of others;
(i) for spam, 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, any related website, other websites or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.
Section 13 – Disclaimer of Warranties; Limitation of Liability
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. We do not guarantee that the results obtained through the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for an indefinite period or discontinue the Service at any time without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services made available to you through the Service are, unless otherwise expressly stated by us, provided “as is” and “as available”, without any express or implied representations, warranties or conditions of any kind, including implied warranties or conditions of merchantability, fitness for a particular purpose, durability, lawful title and non-infringement.
In no case shall Soray Switzerland, our management, employees, affiliates, representatives, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products obtained through the Service, or for any other claim related in any way to your use of the Service or any product, including errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content or products posted, transmitted or otherwise made available through the Service, even if advised of the possibility of such damages.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such jurisdictions will be limited to the maximum extent permitted by law.
Section 14 – Indemnification
You agree to indemnify, defend and hold harmless Soray Switzerland and our parent company, subsidiaries, affiliates, partners, management, employees, representatives, contractors, licensors, service providers, subcontractors, suppliers and interns from any claim or demand made by any third party, including reasonable legal fees, arising out of your breach of these Terms of Service or the documents they incorporate, or your violation of any law or the rights of a third party.
Section 15 – Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such determination will not affect the validity and enforceability of the remaining provisions.
Section 16 – Termination
The obligations and liabilities of the parties incurred before the termination date will survive the termination of this agreement for all purposes.
These Terms of Service remain effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our website.
If, in our sole judgement, you fail, or we suspect that you have failed, to comply with any provision of these Terms of Service, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the termination date, and/or we may accordingly deny you access to our Services or any part of them.
Section 17 – Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including previous versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 – Governing Law
These Terms of Service and any separate agreements through which we provide you with Services are governed by and construed in accordance with the laws of Switzerland.
Section 19 – Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by publishing updates and changes on our website. It is your responsibility to check our website regularly for changes.
Your continued use of or access to our website or the Service following the publication of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 – Contact Information
Questions regarding the Terms of Service should be sent to:
Company Information
Shop Name: Soray Switzerland
Company: Zyvora Pty Ltd
ABN: 74 698 287 884
Business Address: 141 King Street, Templestowe
Email: info@outswitzerland.com
Telephone: +61 420 836 142