1. Terms and conditions acceptation
1.1 When you access or use our website, independently of the fact that you log in as a user or not (hereafter called “user”), you acknowledge that you are tied to those terms and conditions, that you declared having read and understood.
1.2 Using the website is only authorised for private use. Any commercial use, as for reselling products bought on the website to a third party, is forbidden, except for resellers expressly accepted by My Growing Company SA.
1.3 When buying a product on our website, you accept the Terms and Conditions established between you a My Growing Company SA.
1.4 We reserve ourselves the right to modify or change those Terms and Conditions at any moment, according to our own appreciation. It is your responsibility to regularly consult them at the address mygrowingcompany.ch/cg, to keep you informed of any change.
1.5 When using the website, you acknowledge that the simple fact of publishing revised Terms and Conditions on the website is sufficient to make you opposable to any modification or revision. The fact that you continue to use the website after a change signifies that you accept those modifications.
2. YOUR REGISTRATION OBLIGATIONS
2.1 When you register on the website, you certify and guaranty that you are authorised to open an account, in accordance with the terms and conditions, and that the information that you transmit during the registration is valid and do not lead to confusion. An account can only be opened and used by a physical person of voting age, therefore at least eighteen (18) years old.
2.2 During your registration, you agree to give exact, precise, actual and complete information about yourself, and also to update them immediately in order to keep them exact, precise, actual and complete. If you give information that is inexact, imprecise, obsolete or incomplete, or if My Growing Company SA has reasonable motives to suspect you that you did, or if the company has reasons to consider that you omitted to conform to any disposition stipulated in these terms and conditions, My Growing Company SA is allowed to suspend or to close your account and to deny you all actual or future use of the website (or of any of its parts), without having to justify its decision.
3. ACCOUNT, PASSWORD AND SECURITY
3.1 You are responsible for the quality and the confidentiality of the password you choose during your registration, as well as any activity generated by using your password and your account.
3.2 You commit to immediately inform My Growing Company SA of any fraudulent use of your password or of your account and of any other breach in the security, and to make sure that you close your account after each session (log out). My Growing Company SA will not be accountable for any loss or damage following the disrespect of the terms and condition on your behalf.
4. WEBSITE CONTENT
4.1 The website’s content is proposed to you as it is and cannot be used, reproduced, distributed, transmitted, diffused, represented, sold, given away or exploited in any other way than for its consultation and usage on the website. In this one and only end, My Growing Company SA grants you the permission to access the website in a limited, revocable and non-exclusive fashion, and to use it in respect of the terms and conditions. If you wish to reproduce or to copy a part of the website’s content in another goal, we will ask you to contact us at the corresponding address, mentioned on mygrowingcompany.ch/contact.
4.2 The user commits to break no legal norm, to not use the website with an illegal intent; to include no false, incomplete or inexact information; to include no virus, Trojan horse, bug, time bomb or any other program conceived to damage, produce a harmful effect, intercept or block any system, data or personal information.
5.1 The products are available on the website during the mentioned periods. In case of delay in the production process or for any other reason impeding on the production or the delivery, My Growing Company SA can at any time cancel the purchase and pay back the amount already paid by the user, without compensation, interests or other possible costs.
6. PRICES AND DELIVERY COSTS PARTICIPATION
6.1 Prices are meant to be net, in Swiss francs, VAT included. To the indicated prices are added means of payment charges, as well as possible delivery charges stipulated on the purchase form.
7. SELLING CONLUSION AND PAYMENT
7.1 Photographs figuring on the website are not contractual. By clicking on “purchase”, you give your consent for purchasing the products selected in your “cart”. The contract is validly concluded once the payment is fully executed and after the reception of the e-mail confirming the order, the item 5 listed above being expressly reserved.
7.2 The cost of purchases made on the website is due at the time when the order is made, without discount. The payment is exclusively made with Visa card, Mastercard and Postcart, as well as by PayPal, Stripe and Twint. The purchase’s sum is debited immediately after confirmation.
7.3 My Growing Company SA does not have access to the private information concerning the paying method. The information typed is coded and securely transferred to the PostFinance Company, without allowing access to My Growing Company SA.
7.4 You can consult your purchases summary from the “Purchase” section, in “My Account”.
7.5 It is also possible to pay the sum of your purchases by bill. In this case, no location or delivery will be done until the bill is entirely paid.
8.1 Products are sent to the delivery address given by the user when they made a purchase.
8.2 My Growing Company SA delivers exclusively in Switzerland.
8.3 Except particular mentions specified when the order is validated, the delivery time is the one indicated on the website.
8.4 My Growing Company SA is not responsible in case of delay or of problem during the delivery. The delivery is validly executed and My Growing Company SA is discharged of any responsibility once the product is given to the Mail or to a carrier.
9.1 We do not assume any warranty obligation in any possible way.
10.1 If you desire to create a link to the website, you expressly commit to:
– not show the website on another website
– not create a log in between the website and a third party
– correctly attribute to My Growing Company the website to which the link refers
– to make sure that link does not suggests implicitly or explicitly that My Growing Company SA approves, supports or assumes any other website, company or entity activity, and that My Growing Company SA and/or its activities are not shown in a fallacious, misleading, defamatory, insulting or any other fashion that might harm My Growing Company SA’s reputation, or to make a benefit out of it.
10.2 The link towards the website does not allow you to use any content, name, logo, picture or brand owned by My Growing Company SA or a third party without having the owners’ specific and written authorisation beforehand.
10.3 My Growing Company SA keeps the right to ask you to withdraw any link to the website, without having to justify its reasons.
11. COPYRIGHT AND BRAND
11.1 The name and logo My Growing Company SA, as well as the website, are protected, notably by copyright and trademark law.
12. SERVICE CHANGES
12.1 My Growing Company SA keeps the right to temporally or definitely change or stop the website (or any of its parts) at any time, with or without prior notice. You agree that My Growing Company SA will not be responsible, to you or any other third party, for the website’s, or its service’s change, suspension or closing. Any part of the website’s content might become obsolete at any time and My Growing Company SA is not responsible to update this content.
13. DATA PROTECTION DECLARATION
13.1 By using this website, you, or any people you allow to accede to your account and to use it, can furnish some personal data to My Growing Company SA, including registration information and some other data concerning you. By sending your personal information to the website, you accept My Growing Company’s usage of this information, in accordance to My Growing Company’s data protection declaration, available at the address mygroingcompany.ch/dpd
14.1 My Growing Company SA can, at any moment, with or without prior notice, and to its own judgement, deny you access to all or part of the website and to close or suppress any of your accounts, as well as all information and announcement related to the mentioned accounts and to their content, all of this without any responsibility towards you and without justification.
14.2 You agree that My Growing Company SA can, to its own discretion, cancel your password, your account (or any of its parts) or your usage of the website due to a lack of activity or if the company thinks you violated any of the terms and conditions’ disposition. My Growing Company SA can also withdraw or suppress any product from the website, stop furnishing the website or any of its parts, to its own discretion, at any time, and with or without prior notice. You agree that any suppression of your access to the website, according to any disposition of the present terms and conditions, might be carried out without prior notice and agree that My Growing Company SA can immediately deactivate or empty your account as well as all information related to it, and/or deny any further access to these files or to the website. Furthermore, you agree that My Growing Company SA will not answer in any fashion, to you or a third party, about cancelling your access to the website.
15. EXCUPALTORY CLAUSE
15.1 You access the website and use it to your own risk. The website and its content are furnished as is and according to their availability. My Growing Company SA expressly denies, and you renounce, to any warranty of any nature, might they be expressed or implicit, including any implicit warranty assuring the products’ quality or availability.
15.2 My Growing Company SA does not offer any warranty or declaration according to which: the website and its content answer your needs; the website in ongoing, updated and deprived of errors; the results that are possible by using the website are exact or reliable; and that any content error will be corrected.
15.3 Any file that is downloaded or obtained by using the website is acquired to your own will and risks and you are responsible for any damage caused to your computer system or for any data loss that might happen after downloading such files.
15.4 The descriptions and other content transmitted on the website are not supposed to constitute advice you can trust. Any information, might it be oral or written, you receive from My Growing Company SA or via the website or on the website, will not constitute a warranty or other obligation that is not expressly indicated in the terms and conditions, and My Growing Company SA denies any responsibility deriving from the trust in those elements by any visitor of the website, or by anyone who could be informed of its content.
16.1 You commit to compensate My Growing Company SA, its partners and employees, as well as to free them of any responsibility for time loss, damages, complaints, penalties, fines, responsibility, costs and expenses, including lawyer fees, which can result from your use of the website, access to the website and its content, as well as your logging into the website and in case of you disrespecting any of the terms and condition’s disposition.
17. RESPONSIBILITY LIMITATION
17.1 You agree and acknowledge that My Growing Company SA does not take in charge any direct, indirect, accessory, particular, derived or exemplary damage, including damages for miss to win, customer loss, of pleasure, of data or other intangible loss (even if My Growing Company SA has been warned that those damages were possible) resulting:
– from the usage of the website or the inability to use it,
– from the cost for buying replacing goods and services resulting from any goods, data, information or services bought or obtained, from received messages or operation concluded via or from the website,
– from the unauthorised access to your data transfer or their modification,
– from the declarations or actions of any third party on the website,
– from the effects of the website, of any related website and of any file transferred by those,
– from purchased products’ defects or,
– from any issue related to the website.
17.2 You agree that independently of any contradictory legal text or law, any complaint or motive resulting from or linked to the usage of the website, must be filed in the delay of one (1) year after the complaint’s or motive’s origin.
18. GENERAL INFORMATION
18.1 The present terms and conditions (including the specific usage conditions applicable to some services) constitute the integral accord between you and My Growing Company SA concerning their purpose; they replace and cancel any prior accords, agreements and engagements of any nature, between you and My Growing Company SA, might they be verbal or written down, concerning this item.
18.2 The fact that My Growing Company SA does not practice or apply any right or disposition mentioned in the terms and condition does not constitute a renunciation to this right or disposition.
18.3 If one of terms and conditions’ disposition is judged invalid, the parties nevertheless agree that their intentions, as they are presented in the disposition, will be executed in any possible way and that the other terms and conditions’ dispositions will stay in effect. The title of the terms and conditions’ articles are only meant to facilitate the consultation and do not have any legal or contractual effect.
18.4 You cannot yield or transfer any of your right or obligation; neither can you subcontract the execution of any of your obligation in the name of the present terms and conditions. My Growing Company SA can yield or transfer any right or obligation, or subcontract the execution of any of its obligations in the name of the present terms and conditions, to any third party, at any time and without your consent (you are giving your consent according to the present dispositions).
19. APPLICABLE RIGHT
19.1 The present data protection declaration and any question it concerns or is related to will be exclusively treated by the Swiss law.
20.1 Any dispute related to this data protection declaration must be treated at the court of Porrentruy (Switzerland).
21.1 Please signal any violation of the terms and conditions to My Growing Company SA.
My Growing Company SA, July 2017