Terms
Terms and Conditions
This document provides the legal terms and conditions on which we sell any of the products listed on our website to you.
Your attention is drawn in particular to clause 11, which relates to the supply of products containing digital content and the restrictions governing their use.
These Terms will apply to any agreement (Contract) between us for the sale of Products to you. Please read this document carefully before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse, you will not be able to order any Products from our site. We may amend these Terms occasionally as necessary (Clause 16.10).
These Terms, and any agreement between us, are only in the English language.
1. INFORMATION ABOUT US
1.1. We are an Association registered in Switzerland with our registered office and main trading address at AGES Association of Global Event Suppliers, Bollwerk 21, 3011 Bern, Switzerland. We operate the website: http://www.ages-connect.com
1.2. You may contact us by email at: info@ages.international, or shop@ages.international or by telephone us on +41 31 311 23 61. To cancel an agreement in accordance with your legal right as set out in Clause 7 you are asked to write us an email to shop@ages.international.
2. OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Actual colors/sizes may vary from those displayed. The packaging of the Products may vary from that shown on images on our site.
2.2 We accept no responsibility for the content of any Products. We give no warranty or assurance about the content of any Products. Information may be incorrect or out of date. Materials are not intended to constitute advice in any specific situation.
2.3 All implied warranties and conditions are excluded, to the maximum extent permitted by law. The views expressed in any Products are those of the authors and do not necessarily represent the views of, and should not be attributed to, us.
3. CONDITIONS FOR PLACING AN ORDER
Any person placing an order for professional use on the site declares that he is aged 18 or more and has the legal capacity, or in the absence thereof, authorisation from the company, entity or any other similar structure which may employ him, granting him permission to enter into agreements in its name.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us.
4.2 If you order a Product (Printed or Digital), you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place when sending you an email described in Clause 4.3.
4.3 We will confirm our acceptance to you and enter a Contract with you by sending you an e-mail that confirms that the Product is available. This email will include the invoice with the payment instructions.
4.4 If we are unable to supply you with a Product for any reason, we will inform you by e-mail and we will not process your order.
4.5 With the receipt of your payment by AGES and the despatch by AGES through Swiss postal services the Contract is considered fulfilled by both parties.
5. CONDITIONS OF WITHDRAWAL OF CONTRACT
5.1 Pursuant to Swiss law, any person who has placed an order on the site benefits from a period of 7 [calendar] days to exercise his right of withdrawal from the Contract. You may withdraw from the Contract within 7 days after receipt of the email accepting the order by sending an email to shop@ages.international with reference to the ordered products.
5.2 AGES may withdraw from the Contract, if the payment for the ordered Product has not been received by AGES within 1 month after sending out the email of acceptance of the Contract with the invoice.
6. RETURN POLICY
Apart from the exercise of the right of withdrawal, you have the possibility, under certain conditions which are expressly set out in the terms, of returning to us the article ordered by you or making a request for its exchange.
6.1 In the event of delivery by post mail of an print article which does not correspond to your order or has been damaged during transport, you benefit from a period of 7 [calendar] days from the date of delivery, date as postmarked, to inform us of your request and return the article concerned to us.
6.2 Any article which is the subject of a request for return must be returned to us at your expense in its original package which has not been opened, used or damaged. All these items are to be dispatched to the following address: AGES, Bollwerk 21, 3011 Bern, Switzerland.
6.3 The return policy applies for print products only. Downloading precludes any return policy.
6.4 If you have returned the Products to us under this Clause because they are faulty or mis-described, we will refund the price of the Products in full. We will issue a refund via bank transfer and will therefore require your bank details. Please note that refunds for payments could take up to 30 days to be credited to your account.
7. RESERVATION OF OWNERSHIP
7.1 Unless the price has been settled via bank transfer, the articles which may have been delivered to you remain our property until such time as you have settled your obligations to us and, in particular, paid the full amount of the invoice corresponding to the order placed by you on the site.
7.2 Responsibility for the risks of loss or destruction of these articles does, however, rest with you as soon as they have been delivered, even if you are not yet their owner because you have not yet settled the payment for them.
8. DELIVERY
8.1. We will deliver the ordered print products, and/or send the ordered digital products upon receipt of payment from the buyer.
8.2 We will contact you with an estimated delivery date, which will be within 30 days for a print product, and 5 days for the digital product, after the date of receipt of your payment. Occasionally our delivery to you may be affected by an Event Outside Our Control.
8.3 Delivery of an Order shall be completed when we deliver the Products to an official post office in Switzerland. The Products will be in your responsibility from that time.
8.4 Subject to Clause 11, you own the Products once we have received payment in full, including all applicable delivery charges.
8.5 We deliver worldwide. It is your responsibility to indicate us your full and complete post mail address.
8.6 If you order Products from our site for delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control
over these charges, and we cannot predict their amount.
8.7 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
8.8 You must comply with all applicable laws and regulations of the country for which the Products are destined.
9. PRICE OF PRODUCTS AND DELIVERY CHARGES
9.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
9.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
9.3 All prices stated exclude VAT, which applies for a delivery within Switzerland only. The VAT rate will be applied at time of invoicing.
9.4 The price of a printed Product does include delivery charges, i.e. ordinary shipping cost using official post mail services. Upon special request, the buyer may use another delivery service at his cost.
9.5 The buyer may take due note of the distribution and average parcel delivery times of postal services to the destination. However, this information is given for guidance only. Consequently, the responsibility of the site cannot be invoked if the real delivery times exceed those given for guidance.
9.6 It is possible that, despite our reasonable efforts, Products may be incorrectly priced. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
9.7. There are no delivery charges for digital products.
10. HOW TO PAY
10.1 We will issue an invoice for the ordered products including full banking information (Bank Name, Account Nr, IBAN, SWIFT /BIC, etc.) and payment instruction for the buyer to make the payment.
10.2 The payments are to be made against invoice via bank transfer only.
11. PRODUCTS CONTAINING DIGITAL CONTENT
11.1 With the purchase of digital products (PDF, Ebooks, etc.), we grant you a non-transferable, non-exclusive license to use the digital content in the Product. Reproduction or transmission of all or part of the content, whether by storing in any medium by electronic means or otherwise, without our prior written consent, is prohibited. The commission of any unauthorized act in relation to the content may result in civil or criminal actions.
11.2 You shall not grant sub-licenses, in whole or in part, of any of the rights granted under this Clause 11, or sub-contract any aspects of exploitation of the rights licensed to you, without our prior written consent.
11.3 You may not change, amend or develop the digital content in any way without our prior written consent.
11.4 We retain ownership of all intellectual property rights in the digital content and in any derivative works which it may create.
12. LIABILITY
12.1 We undertake to use our best endeavours to provide you with the finest possible service quality consistent with the work done by our personnel and with the values of our association. However, we cannot be held liable for any delay in delivering ordered articles, in particular if they are out of stock with our suppliers or publishers, or for any delay in delivery of these articles by swiss postal services, or its international partners.
12.2 Despite our vigilance and all the precautions taken by us in dealing with the partners with whom we work to enable you to benefit from the services offered by us to you, we do not guarantee the absence of any disturbance of the working of the site and the parts thereof. Consequently:
– We decline all liability for direct or indirect prejudice which may result from access to, or use of, the site or some of its elements, just as we decline all liability which may result from the impossibility of accessing or using the site.
– Similarly we decline all liability for all risks associated with the receipt or download of digital products or for any damage resulting from errors in transmission, technical faults, overload or interruptions of communications.
12.3 We have made all the necessary arrangements to ensure the security of your payments via bank transfer, however, we decline all liability if your computer equipment or your Internet access are not sufficiently secure to protect you against potential risks when you make online payments.
12.4 Moreover, you have sole responsibility in respect of any order placed for an article which fails to comply with the legislation of the country of delivery or is prohibited on its territory and, that being so, we cannot be held liable.
13. EVENTS OUTSIDE OUR CONTROL
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in Clause 13.2.
13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
13.3.1 we will contact you as soon as reasonably possible to notify you; and
13.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
14.2 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be by email.
15. PROTECTION OF PERSONAL DATA
15.1 Regardless of the nature of the personal data about you which comes to our cognizance or which we are entitled to ask you to provide under the present contract or which we collect automatically, we undertake to use our best endeavours to treat such information in the strictest confidence, to ensure its protection and to use it solely for the performance of your orders or to improve the services which may be offered to you on the site.
15.2 However, you may at any time exercise your right of access, correction or opposition in respect of such data, either from your customer account or by writing to us at info@ages.international
16. OTHER IMPORTANT TERMS
16.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
16.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
16.6 If you are a consumer, please note that these Terms are governed by Swiss law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Swiss law. Both parties agree that the courts of Switzerland will have non-exclusive jurisdiction.
16.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Swiss law. We both irrevocably agree that the courts of Switzerland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
16.8 These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
16.9 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
16.10 We reserve the right to amend these Terms to reflect changes in relevant laws and regulatory requirements, and for any other reason. Every time you order a Product from us, the Terms in force at the time of your order will apply to the Contract between you and us.
17. APPLICABLE LAW
All the clauses set out in the present general terms and conditions of sale, and in all the purchase and sale transactions referred to therein, are governed by Swiss law.