General Terms and Conditions of Use (GTCU)

Updated on 25/10/22.

Article 1 – Definitions

• Site: refers to the present Internet site accessible via the following URL bymetanoia.ch.
• GTCU: refers to the present General Terms and Conditions of Use;
• User: refers to any natural or legal person browsing the Site;
• Member: refers to any natural person who creates a member account on the Site;
• Publisher: the legal entity that publishes the Site, whose contact details are mentioned in the legal notice.

Article 2 – Purpose

The purpose of these GTCU is to define the rules that apply to the browsing and use of the Site and to determine the responsibilities of Users, Members and the Publisher in relation to the browsing and use of the Site.

Article 3 – Adherence to the general conditions of use

Browsing this Site implies full and complete acceptance of these GTCU.

As soon as you use and browse this Site you agree to abide by these GTCU. You hereby warrant to the Publisher that you have read, understood and accepted the following provisions.

The enforceable version of the GTCU is the one online during the entire period of use of the Site.

The Publisher reserves the right to modify the GTCU at any time. Nevertheless, the enforceable version of the GTCU is the one online at the time of consultation and use of the Site.

Article 4 – Access to the Site

The Site is accessible at all times to any User with access to the Internet.

However, for the proper management of the Site or for any other reason, the Publisher may at any time

• suspend, interrupt or limit access to all or part of the Site, reserve access to the Site, or to certain parts of the Site, to a specific category of Internet user;
• Delete any information that may disrupt the operation of the system or violate national or international laws, or ethical rules;
• suspend the Site in order to make updates.

Article 5 – Intellectual Property

Copyright

All the elements contained on the Site, whether images, databases, logos, illustrations, trademarks, drawings, models, layouts, downloadable documents, models, presentations of graphic creations, or codes are protected as intellectual property under Swiss and international law. Therefore, all content of the Website is the exclusive property of the Publisher under copyright and intellectual property law.

Consultation and use of the Site do not confer any intellectual property rights to the User on any element appearing on the Site.

As such, any reproduction, representation, adaptation, or modification, in whole or in part, of any of the elements making up the Site, by any means whatsoever, is prohibited, under penalty of prosecution, except with the prior written authorisation of the Publisher. To obtain the Publisher’s permission, the User or Member must follow the following procedure: send a request to the following email address: info@bymetanoia.ch.

Domain name of the Site

The domain name on which the Site is hosted is the exclusive property of the Publisher. The User is not allowed to use or adopt a similar name for his or her own use.

Article 6 – Hyperlinks, references, third party content

Referrals to third party sites

References and links to other websites are not the responsibility of the Publisher. Access to and use of these sites is at the User’s own risk.

The Publisher declares that it has no influence on the design, content and offers of the linked sites. It cannot guarantee the reliability and security of these sites (false information, malware, etc.). It declines all responsibility for such sites.

Other references

The establishment by the User or Member of the Site of hypertext links to all or part of the Site is strictly prohibited, except with the prior written consent of the Publisher. To obtain this agreement, the User should write an email to: info@bymetanoia.ch.

The Publisher shall be free to accept or reject the placement of hyperlinks requested by the User or Member without having to justify its decision. If the Publisher authorises this, the authorisation remains temporary. The Publisher reserves the right to request the removal of any hyperlinks set up at any time upon simple request, whether or not such setting up has been authorised by the Publisher.

Any information accessible via a link to other sites is not under the control of the Publisher who declines all responsibility for their content.

Article 7 – Cookies

The Cookie Policy is available here.

Article 8 – Creation of a Member account

To use the services offered by the Site, the User must create a Member account on the Site and fill in a membership form requiring the following information: surname, first name, postal address, telephone, e-mail address and password.

All Members are prohibited from disclosing or transferring their password to a third party. Any Member may modify the information concerning him or her by logging into his or her Member area using his or her email address and password.

All Members are responsible for the use, retention and non-disclosure of their password. The Website Publisher shall not be liable for any fraudulent use of a personal account.

If the owner of a Member account becomes aware of any fraudulent use of his or her personal account, he or she undertakes to inform the Publisher immediately.

From his or her Member space, the Member can modify his or her information, change his or her password, send back an article, see the balance of his or her gift card, see his or her registered payment methods, see his or her products on the waiting list.

Article 9 – Obligations and responsibilities of Users and Members

Users and Members agree in particular to:

• not to publish content that contains erroneous information or that is likely to mislead or that would be considered illegal under the law and regulations in force or under these GTCU;
• not to use the information published on the Site for a purpose that does not comply with the law, the regulations in force and the present GTCU;
• not to create a Member account in the name of another person;
• not to impersonate another person;
• not to disclose to a third party the personal information of a User collected on the Site;
• not to share your personal account with a third party;
• not to ask other Members for their login and password;
• not to modify or delete another Member’s account or information posted by a third party;
• not to use the Site for illegal purposes;
• not to use the services of the Site for the purposes of an illegal activity;
• not to divert or attempt to divert any of the features of the Site from its normal use.

The Publisher reserves the right to block a User’s access to the Site in whole or in part if the User fails to comply with any of the provisions of these CTCU.

The User of the Website must report to the Publisher, at the following email address: info@bymetanoia.ch, any content glorifying crimes against humanity, inciting racial hatred, involving child pornography, inciting violence or offending human dignity.

Each User is required to inform the Publisher by email of any content on the Site that may be erroneous, unlawful, abusive, discriminatory or defamatory. In order to notify the Publisher, the User must provide the Publisher with the User’s full name (in the case of a legal entity, the legal entity’s name and trade register number), address and a description of the disputed facts. The Publisher undertakes to do everything in its power, upon receipt of this warning, to remedy the disputed facts.

By using the Website, the Member declares and guarantees that all information provided when joining the Website is true, that he or she will maintain the accuracy of this information by regularly updating it, that he or she is at least 18 years old and that he or she has full legal capacity to contract.

Article 10 – Liability

The Publisher cannot be held responsible for any failure, breakdown, difficulty or interruption in operation, preventing access to the Site or to any of its functions.

The equipment used by the User to connect to the Site is under his or her sole responsibility.

The User must take all appropriate measures to protect his or her own equipment and data, in particular from viral attacks via the Internet. The User is also solely responsible for the sites and data he or she consults.

The Publisher shall not be liable for any legal proceedings against the User:

• from the use of the Site or any service accessible via the Internet;
• due to its failure to comply with these terms and conditions.

The Publisher is not liable for any damage caused to themselves, third parties and/or their equipment as a result of their connection to or use of the Site and waives any claims against them as a result.

If the Publisher becomes involved in any legal or amicable proceedings arising out of a User’s use of the Site, the Publisher shall be entitled to recover from the User all damages, amounts, judgments and costs that may arise from such proceedings.

Article 11 – Force majeure

Any circumstances beyond the control of the parties which prevent the performance of their obligations under normal conditions shall be deemed to be grounds for exemption from the obligations of the parties and shall result in their suspension.

All facts or circumstances that are irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the parties, despite all reasonably possible efforts, shall be considered as force majeure. Expressly, the following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the Swiss courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers

The parties will meet to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

Article 12 – Applicable law and jurisdiction

The Site is governed by Swiss law and the place of jurisdiction is Geneva.