TERMS OF SERVICE
Last revision: October 1, 2018
- Legally binding agreement. By clicking the “Accept” button on SwissJewel.com as part of the order process for products provided by Swiss Jewel Company (“Swiss Jewel”), or by otherwise submitting an order to Swiss Jewel (whether online, by telephone or email, or by other means), the person or entity for which customer information is provided in the cart or order submission (“Customer”) accepts and agrees to, and intends to be legally bound by, these Terms of Service. Swiss Jewel may change these Terms of Service from time to time, effective upon posting an updated version on SwissJewel.com.
- Swiss Jewel will provide Customer with the products selected by Customer in the cart or order submission, as such products are described on SwissJewel.com from time to time (the “Products”). Swiss Jewel reserves the right not to accept Customer’s order or otherwise to decline to provide Customer with the Products.
- Charges. Customer will pay all charges set forth in the cart or in an order submission that is accepted by Swiss Jewel. In addition, unless indicated otherwise in the cart or order, Customer will pay all costs of shipping the Products to Customer. Charges are exclusive of all taxes (including, without limitation, VAT, if applicable) and similar fees now in force or enacted in the future imposed on the sale and/or delivery of Products, all of which will be the responsibility of Customer (including, without limitation, if Customer breaches the warranty set forth in item 9 below with regard to its tax-exempt status). Customer will be liable for all costs (including, without limitation, reasonable attorney fees) incurred by Swiss Jewel in connection with collecting any charges or other amounts to which it may be entitled or enforcing its rights under these Terms of Service.
- Billing arrangements. For online orders, Customer will provide Swiss Jewel with valid major credit card information and will pay by such credit card all charges, shipping costs, or any other amounts to which Swiss Jewel may be entitled pursuant to these Terms of Service. Swiss Jewel will charge Customer’s credit card in advance of Product delivery for all charges and shipping costs. Customer authorizes Swiss Jewel to charge Customer’s credit card as provided above and agrees not to dispute or cancel charges of Swiss Jewel properly made in accordance with these Terms of Service. For other orders, Customer will pay all charges, shipping costs, or any other amounts to which Swiss Jewel may be entitled pursuant to these Terms of Service, in advance of Product delivery, by check, wire transfer or other means set forth in an order submission that is accepted by Swiss Jewel.
- The sale and purchase of Products from Swiss Jewel to Customer will be effective upon payment in full of the charges described in item 3 above. Online orders will be legally binding on Customer upon submission (subject to the right of Swiss Jewel not to accept the order), and other orders will be legally binding on Customer upon acceptance by Swiss Jewel in writing. Customer may not cancel an order placed by Customer. Customer will not be entitled to a refund of any charges under any circumstances.
- Swiss Jewel will ship the Products to the location specified by Customer in the cart or order submission. Swiss Jewel will send the Products for shipment, via ground or air shipping service as indicated in the cart or order, within a commercially reasonable time from the order date, but Swiss Jewel does not guarantee a delivery date to Customer. The Products will be deemed accepted by Customer upon delivery to Swiss Jewel’s shipping company in Philadelphia, PA USA. Swiss Jewel will bear risk of loss until delivery to its shipping company, and Customer will bear risk of loss thereafter.
- Order Submissions
- Orders for Products, other than online orders, will be binding on Swiss Jewel only if and when accepted by Swiss Jewel in writing (online orders will be binding on Swiss Jewel unless not accepted by Swiss Jewel). Different, additional or inconsistent terms in an order submission to those set forth in these Terms of Service will not be binding on Swiss Jewel, and any failure by Swiss Jewel to object to any such terms will not constitute acceptance of such terms or a waiver of the terms set forth in these Terms of Service. Typographical and stenographic errors in any order are subject to correction by Swiss Jewel.
- If Swiss Jewel provides a quote in connection with any order, charges included in such quote are subject to change by Swiss Jewel at any time prior to its written acceptance of the order. After acceptance of an order by Swiss Jewel, if circumstances outside of the control of Swiss Jewel would result in an increase in Swiss Jewel’s cost of the Products, or the time required for delivery of the Products, then Swiss Jewel may either terminate the order (and will be excused from performance, without any liability) or equitably adjustment the terms of the order (and such adjustment will be binding on Customer).
- If a quote or order includes material to be furnished by Customer or provides for custom products, Customer represents, warrants and agrees that (i) such material will be of suitable quality to facilitate efficient production of the Products, (ii) Customer will furnish sufficient material to allow for reasonable spoilage, (iii) products manufactured or supplied by Swiss Jewel in accordance with Customer’s specifications will not infringe or violate any third party rights, including, without limitation, patent or copyright and (iv) Customer will be responsible for (and waives all claims against Swiss Jewel in connection with) any loss or damage to any materials furnished by Customer, whether such loss or damage occurs while such materials are in the possession of Swiss Jewel or its affiliates or within or outside the course of the manufacturing or supply process.
- Warranty of Swiss Jewel. Swiss Jewel warrants that the Products will be delivered to Customer free from defects in material and workmanship. EXCEPT FOR THE FOREGOING, SWISS JEWEL DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE PRODUCTS OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE PRODUCTS, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR TRADE PRACTICE. In the event of a breach of the foregoing warranty by Swiss Jewel, provided that Customer notifies Swiss Jewel of the breach within thirty (30) days of delivery of the Product to Customer, Swiss Jewel will replace the defective Products within a commercially reasonable time after Customer returns the defective Products to Swiss Jewel. The foregoing constitutes Swiss Jewel’s sole obligation and Customer’s exclusive remedy in the event of any defective Products and will be binding on third parties that may purchase from Customer, directly or indirectly, the Products or any product of Customer that includes the Products. Except as provided in this Section 8, Customer will not be entitled to return Products to Swiss Jewel under any circumstances.
- Customer Responsibilities. Without limiting any other liability of Customer, Customer will be liable for the manner in which the Products may be used, directly or indirectly, by Customer or any third party. Swiss Jewel will not recognize Customer as tax-exempt unless Customer provides Swiss Jewel with either its Reseller Number or copy of its Tax Exemption Certificate. In such event, Customer represents and warrants that Customer is a reseller with tax-exempt status and that such number or certificate is the valid number or certificate of Customer, in full force and effect as of the date of Customer’s order of Products.
- Indemnification by Customer. Customer will indemnify, defend and hold harmless Swiss Jewel and its shareholders, directors, officers, employees and representatives from and against any and all losses, claims, obligations, liabilities, actions, suits, proceedings, demands, judgments, payments, costs and expenses (including, without limitation, court costs, amounts paid in settlement, judgments, and reasonable attorney fees and other expenses), and damages of any kind, nature or description whatsoever (“Damages”) arising out of (i) any misrepresentation, breach of covenant or warranty or other breach or violation of these Terms of Service by Customer, (ii) use of the Products by Customer or any third party, and (iii) any other act or omission of Customer, its affiliates or any of their owners, officers, representatives, employees or users or such third parties (including, without limitation, personal injury or damage to property).
- Limitations of Swiss Jewel’s Liability
- No consequential damages. IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, RELIANCE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, LOSS OR INACCURACY OF DATA, OR INTERRUPTION, INACCURACY OR LOSS OF USE OF EQUIPMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
- Liability exclusions. IN NO EVENT WILL SWISS JEWEL BE LIABLE TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR DAMAGES ARISING IN ANY MANNER OUT OF ANY USE OF THE PRODUCTS (OR ANY INABILITY TO USE, MALFUNTION, OR LOSS, NONPERFORMANCE, OR FAILURE OF THE PRODUCTS).
- Liability maximum. IN THE EVENT SWISS JEWEL WILL BE LIABLE TO CUSTOMER NOTWITHSTANDING THE LIMITATIONS AND EXCLUSIVE REMEDIES HEREIN, SWISS JEWEL’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) WILL NOT EXCEED, IN THE AGGREGATE, THE CHARGES ACTUALLY PAID TO SWISS JEWEL FOR THE PRODUCTS THAT GIVE RISE TO THE LIABILITY.
- Survival. THE PARTIES ACKNOWLEDGE THAT SWISS JEWEL HAS SET ITS PRICES AND AGREED TO PROVIDE THE PRODUCTS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY, EXCLUSIVE REMEDIES, AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS SPECIFIED IN THESE TERMS OF SERVICE WILL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY (AND THE SEVERABILITY OF SUCH PROVISIONS) AND WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF LIMITED REMEDY.
- Public Announcements. Subject to any written confidentiality agreement between Swiss Jewel and Customer, Swiss Jewel may use Customer’s name, marks and logo in Swiss Jewel’s client list or in other promotional information or media. No right or license is granted to Customer to use any Swiss Jewel name, mark or logo. Swiss Jewel will have the right to fully exploit any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Customer or any other party relating to the Products.
- Miscellaneous provisions. Customer must be at least 18 years old to order the Products. These Terms of Service will be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without regard to its principles of conflicts of laws. Swiss Jewel and Customer each hereby submits (and waives the right to contest on any grounds) to the exclusive, personal jurisdiction of either the Federal District Court for the Eastern District of Pennsylvania or any state, municipal or local court located in Philadelphia County, PA for all claims, disputes or controversies involving such parties and relating to the Products or these Terms of Service; provided, however, nothing herein will prevent Swiss Jewel from asserting a claim for indemnification or any other claim hereunder in connection with a third party action in the same jurisdiction where a third party action has been brought. If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, such provision(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. Except for the payment of charges by Customer, neither party will be liable for any failure to perform, or any delay in performing its obligations under these Terms of Service to the extent such failure or delay is caused by or results from an event beyond such party’s reasonable control, including, without limitation, acts of God, acts of war and terrorism, accidents, fires, floods, unusual weather conditions, strikes, labor disputes, governmental actions and telecommunications failures. No joint venture, partnership, employment, or agency relationship exists between Customer and Swiss Jewel as a result of the provision of the Products or these Terms of Service. The failure of Swiss Jewel to enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. All remedies of Swiss Jewel under these Terms of Service will be cumulative and not in limitation of any other remedies. These Terms of Service comprise the entire agreement between Customer and Swiss Jewel and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, regarding the subject matter hereof. Swiss Jewel may give legal notice by means of electronic or other mail to Customer’s address on record in Swiss Jewel account information.
Last revision: October 1, 2018
Information you provide about yourself
Information we collect
- Site activity information. We keep track of most of the actions you take on Swiss Jewel. Additionally, certain anonymous information may be passively collected (that is, gathered without your actively providing the information) using various technologies, including “cookies” (small pieces of code or data we transmit to or store for an extended period of time on your browser, computer, mobile phone, or other device). Please see how we use this data below for additional information about why we collect this data.
- Access device and browser information. When you access Swiss Jewel from a computer, mobile phone, or other device, we may collect information from that device about your browser type, location, and IP address, as well as the pages you visit.
- Web token/cookie information. We may use web tokens and cookies to make Swiss Jewel easier to use, to make our communications better, and to protect both you and Swiss Jewel. You can remove or block web tokens and cookies using the settings in your browser, but in some cases that may impact your ability to use Swiss Jewel.
How we share and use your information
We may utilize information that does not personally identify you in order to personalize Swiss Jewel for our users. We do not sell or share your personally identifying information with advertisers. We do not share personal information with third parties for their direct marketing purposes.
To generate market research
We do not sell or share your personally identifying information. However, we may use information that is not personally identifying (so long as it has been disconnected from your unique personally identifiable information) without limitations or restrictions, for any purpose, even after you delete your account. These purposes may include, among others, producing market research reports or providing dashboard database access for third party market research.
To offer joint services
To work with our service providers
We may share your information with service providers who are working with us in connection with the operation of Swiss Jewel or our services or products. These service providers may have access to your private and public personally identifying information only to perform services on our behalf and will be obligated not to disclose it or use it for any other purposes.
To manage or promote the service
To contact you
We may contact you with service-related announcements, marketing communications, promotions and other information. We may include personally identifiable information and content you see on Swiss Jewel in the communications we send to you.
To respond to legal requests and prevent harm
Transfer in the event of sale or change of control
Rights to content
The content of any information that is not personally identifying to you, such as any suggestions or ideas you provide to us, becomes our property for any use we may determine, without any notice or compensation to the author.
We may use information about you for any other purpose that we determine in our reasonable discretion is necessary or appropriate in connection with the operation of Swiss Jewel, including maintaining, termination or transferring accounts, enabling or restricting access to accounts or ensuring compliance with our policies or applicable legal requirements. We will share your information with third parties when we believe the sharing is permitted by you or is reasonably necessary in connection with the operation of Swiss Jewel or when legally required to do so.
How you can change or remove information
- Editing and deleting your account. You may change or remove your profile information at any time by providing us written notice. If you want to stop using your account you may delete it. When you delete an account, it is permanently deleted from Swiss Jewel and may never be reactivated. However, when we delete your account, we may NOT delete all personally identifying information. By using Swiss Jewel, you agree that we may keep this information permanently.
How we protect information
- Risks inherent in sharing information. Please be aware that no security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on Swiss Jewel, including personally identifiable information, will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on Swiss Jewel. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
You should report any security violations to us at sales@Swiss Jewel.com.
- You may not create more than one account or create an account for anyone other than yourself other than a care recipient for whom you are legally authorized to do so. You may not transfer your account. You may not solicit login information or access an account belonging to someone else.
- If we disable or terminate your account, you may not create another one without our permission.
- You may not share your username or password, let anyone else access your account, or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your account and the privacy of your account information. You are also solely responsible for all activity on your account, including all purchases made or content provided through your account (with or without your knowledge or consent).
It is critical that you keep you account access information private and not share it with anyone. If you lose your access credentials, or feel like they have been stolen or made public, please change them immediately.
Content you provide
- You hereby sell, transfer and assign to us your entire right, title and interest in and to all trademarks, trade secrets, inventions, improvements, ideas or copyrightable works, including all rights to obtain, register, perfect and enforce these proprietary interests, which relate to Swiss Jewel. Whether during your membership or thereafter, you will execute and deliver to us such formal transfers and assignments and such other documents as we may reasonably require.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about Swiss Jewel provided by you are non-confidential and shall become the sole property of ours. We will own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such information for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- You may not access Swiss Jewel or collect users’ content or information using automated means (such as harvesting bots, robots, spiders, or scrapers).
- You may not upload viruses or other malicious code.
- You may not do anything that could disable, overburden, or impair the proper working of Swiss Jewel, such as a denial of service attack.
Termination by us
Modification or suspension of Swiss Jewel
You agree that we may, in our sole discretion, and at any time, modify, discontinue, or suspend its operation of Swiss Jewel, or any part of Swiss Jewel, temporarily or permanently, without notice to you, and you agree that we will not be liable for any consequences of doing so.
When you communicate with us via email or through Swiss Jewel, you are communicating with us electronically. You agree that we may communicate electronically and that such communications are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Compliance with laws
You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of Swiss Jewel or our software, including intellectual property laws and privacy laws.
Protection of Swiss Jewel intellectual property rights
You acknowledge that content available through Swiss Jewel, including content in the form of text, graphics, software, music, sound, photographs, and videos, is protected by copyright law, trademark law, patent law, and/or other proprietary rights and laws.
Except as otherwise noted, all content posted on Swiss Jewel is:
Copyright © 2018 Swiss Jewel Company
All Rights Reserved
You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on Swiss Jewel or any content available through Swiss Jewel.
You may not download, transmit, reproduce, copy, reprint, modify, rewrite, create derivative works from, distribute, publicly display, publicly perform, license, lease, transfer or sell content retrieved from Swiss Jewel in any way, for any public or commercial use or provide it to any commercial source, including other websites, regardless of whether or not you receive compensation, without the express, prior our written permission.
You may not frame any trademark, logo, or other proprietary information on Swiss Jewel, without our express, prior written consent, and you may not remove or obscure the copyright notice or other notices displayed on the content.
The trademarks, logos, service marks, names and tag lines, including “Swiss Jewel”, displayed on Swiss Jewel (collectively the “Marks”) identify our products and services, and inform the public that we are the source of those products and services. Nothing contained on Swiss Jewel should be construed as granting any right or license to use any Mark displayed on Swiss Jewel. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:
- To identify materials or services that are not Swiss Jewel materials or services;
- In, as, or part of your own trademarks or services marks;
- In an manner likely to cause confusion;
- In a manner that implies inaccurately that Swiss Jewel or we sponsor, endorse or are otherwise connected with you, your products, services or other activities; or
- In a manner that disparages Swiss Jewel, us or dilutes the Marks.
You are also advised that we may enforce our intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use any Marks without our prior written permission.
Disclaimer of warranties with respect to use of Swiss Jewel
SWISS JEWEL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDINGANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WE DO NOT MAKE ANY WARRANTY THAT SWISS JEWEL MAY MEET YOUR REQUIREMENTS.
WE MAKE NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SWISS JEWEL OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY REVIEW POSTED ON OR INFORMATION OBTAINED THROUGH SWISS JEWEL.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SWISS JEWEL IS USED AT YOUR OWN RISK AND THAT YOU MAY BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
Waiver of claims against us
Our limitations of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL WE OR ANY OF OUR AFFILIATES BE LIABLE FOR ANY DAMAGES INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, RESULTING FROM THE USE OF SWISS JEWEL, ANY PRODUCT OR INFORMATION MADE AVAILABLE THROUGH SWISS JEWEL (OR ANY ACCESS TO OR DISCLOSURE THEREOF), OR ANY OTHER MATTER RELATING TO SWISS JEWEL.
YOU HEREBY WAIVE AND RELEASE ALL RIGHTS RELATING TO THE FOREGOING.
THESE LIMITATIONS MAY APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Your indemnification obligations
Severability of Terms
Consent to collection and processing in the United States