Terms & Conditions

Please read these terms and conditions (hereinafter referred to as “Terms and Conditions”) carefully before using this website.

Scope

ALLPARA AG (hereinafter referred to as “www.allpara.com”) owns and operates this website (hereinafter referred to as “Website”).

These Terms and Conditions govern your access to the Website, your use of the Website, and your transactions made over the Website (hereinafter referred to as “Services”) now or in the future.

Acceptance of the Terms and Conditions

By using the Services you agree to the Terms and Conditions subject to no reservation.

In relation to the use of individual Services (e.g. transactions), www.allpara.com may ask you to issue your consent again by clicking on a corresponding confirmation field and/or to consent to additional terms and conditions.

Purpose of the Website

The information on the Website was compiled exclusively for the purpose of providing you information on www.allpara.com and on the products shown, and giving you the opportunity to order or buy the products (hereinafter referred to as “Transactions”).

www.allpara.com may change, restrict or close the Website at any time. www.allpara.com is not liable if for any reason the Website is unavailable at any time or for any period.

Links

The Website may contain links or references to other websites (hereinafter referred to as “Linked Sites”) which are not operated by www.allpara.com. www.allpara.com is not responsible for the content of the Linked Sites and is not liable for any damage that may arise from the use of them.

Authorised use

The right of use is limited to you accessing the Website, using the Website, and executing Transactions.

You must not misuse the Website. You must not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.allpara.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

www.allpara.com is not liable for any damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading of any material posted on the Website, or on any website linked to it.

You may link to the Website, provided you do so in a way that is fair and legal and does not damage www.allpara.com’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. www.allpara.com reserves the right to withdraw linking permission without notice.

Intellectual property

Text, images, videos, software, products, and other information contained in or presented on the Website may not be amended, copied, presented, licensed, published, uploaded, sent or made perceptible in any other way without the prior written consent of www.allpara.com or the right owner in question. This excludes your right of use for your own personal use, adhering to all copyrights and other proprietary rights.

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on the Website are in no way associated, linked or affiliated with www.allpara.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on the Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and is in no way an assertion that such products are endorsed by or connected to www.allpara.com.

Terms of Sale

(a) Presentation of products

The presentation of the products on the Website is not deemed as an offer for a Transaction but as a simple invitation for you to submit an offer.

(b) Order

When placing an order you are submitting a binding offer to purchase a product/products subject to these Terms and Conditions.

When placing an order you undertake that all details you provided to www.allpara.com are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the products.

After you have placed an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your offer.

(c) Contract

In order to contract with www.allpara.com you must be over 18 years of age, possess a valid credit or debit card issued by a bank acceptable to www.allpara.com and be legally allowed to order, receive and use the products. www.allpara.com retains the right to refuse any offer made by you.

Upon receiving your order www.allpara.com carries out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the Transaction.

All orders are subject to availability.

If your order is accepted www.allpara.com will send you a confirmation by e-mail including the order information and electronic Invoice.

Where a contract is made with a third party a direct agreement is deemed to be established between you and the third party subject to the terms and conditions of the third party under which the third party supplies you. www.allpara.com is not involved in the agreement with the third party neither as a party nor as an agent nor as a principal nor as an associate.

Only those products listed in the confirmation e-mail sent will be included in the contract formed.

(d) Payment

Your card will be debited upon authorisation being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the products you wish to purchase. Once the products have been dispatched and you have been sent a confirmation e-mail the monies paid as a deposit shall be used as consideration for the value of products you have purchased as listed in the confirmation email.

(e) Dispatch and delivery

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which www.allpara.com will not be responsible.

Benefits and risks of the products are passed over to you on dispatch.

You must inspect the condition of the delivered product(s) and, in case of defects www.allpara.com is liable for, notify www.allpara.com within three days from delivery otherwise the products are deemed accepted.

(f) Pricing

All prices on the Website are shown excluding VAT.

Whilst www.allpara.com tries that all details, descriptions and prices which appear on the Website are accurate, errors may occur. Furthermore, the cost of products may fluctuate and, therefore, all prices shown on the Website are subject to changes. If www.allpara.com discovers an error/change in the price of any product which you have ordered www.allpara.com will inform you of this as soon as possible and give you the option of reconfirming your order at the correct/updated price or cancelling it. If www.allpara.com is unable to contact you it will treat the order as cancelled. If you cancel or the order is cancelled and you have already paid for the products, you will receive a full refund.

Delivery costs, customs and custom charges will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(g) Trading

Any trading by you of the purchased products is prohibited.

Guarantees, conditions, warranties

The products displayed on the Website are provided without any guarantees, conditions or warranties as to its accuracy.

Liability of www.allpara.com

Information, software, and products published on the Website may contain inaccuracies, calculation or spelling errors.

www.allpara.com explicitly excludes, to the extent that is permissible by law, any liability for any damages, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, arising out of or related to the use, inability to use, restriction to use, performance or failures of the Services and the products, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

If you have concluded your contract with a third party, liability is governed by the terms and conditions under which the third party supplies you. www.allpara.com is under no circumstances liable for damages caused by such third parties.

ALLPARA AG and www.allpara.com will not pay damages for any indirect losses or consequential damage suffered by the customer or any third party. Indirect losses or consequential damage include but are not limited to loss of business opportunities, loss of profit, loss of goodwill, loss of interest and duty to pay any liquidated damages, penalties or fines.

The maximum liability of ALLPARA AG shall not exceed the purchase price originally paid by the customer for the product. The aforesaid monetary limitation applies irrespective of the basis of the liability and will to the widest extent possible include claims based on acts of whether ordinary or gross negligence, strict liability, product liability, etc.

The guarantee period ceased immediately if the product is repaired or moderated by persons/companies that are not authorized by ALLPARA AG, or if the serial number has for whatever reason been removed from the product or defaced.

Your liability

You shall have unlimited liability for any damages or losses, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages or losses, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, caused by gross negligence or unlawful intent arising from your use of the Services or your breach of the Terms and Conditions, which includes also indemnifying, defending and holding harmless www.allpara.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims and costs (including, but not limited to, legal fees).

The access data provided to you for your account is intended for your personal use and must be treated as confidential. You are obliged to change your passwords on a regular basis. All Transactions executed via your profile account shall be attributed to you and are binding for you.

Set-off

You agree to waive your right to set-off.

Invalidity

If any part of these Terms and Conditions is found partially or wholly invalid or unenforceable, that part shall be amended to achieve as nearly as possible the same economic effect as the original provision and, the remainder of these Terms and Conditions will remain in full force and effect.

Waiver

If you breach these Terms and Conditions and www.allpara.com takes no action, www.allpara.com will still be entitled to use its rights and remedies in any other situation where you breach these Terms and Conditions.

Entire agreement

These Terms and Conditions constitute the entire agreement of you and www.allpara.com and supersede any and all preceding and contemporaneous agreements between you and www.allpara.com. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by a Director of www.allpara.com.

Amendments

www.allpara.com reserves the right to amend these Terms and Conditions at any time. If amendments are made, they shall apply as of the publication date on the Website. The further use of the Website following such amendments shall be deemed to constitute consent to the amendment on your part.

You should check the Website regularly to take notice of any changes www.allpara.com may have made to the Terms and Conditions.

Choice of law

Swiss law shall apply exclusively to these Terms and Conditions and any disputes, controversies or claims under or in connection with the relationship between you and www.allpara.com, excluding the rules of conflict of laws and the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).

Complaints / Jurisdiction

www.allpara.com operates a complaints handling procedure which it will use to try to resolve disputes when they first arise. Please let www.allpara.com know in case of any complaints or comments.

Any dispute, controversy or claim arising out of or in relation to these Terms and Conditions (and subsequent amendments thereof), including the validity, invalidity, breach or termination thereof, shall be exclusively settled by the ordinary courts of the place of incorporation of www.allpara.com. www.allpara.com also may take legal action before any other competent court.

Zurich, 04.10.2016

ALLPARA and www.allpara.com is a trading name for ALLPARA AG. Registration Number: CHE-157.159.360