Welcome to www.nutrivita.ch, the Internet site for the sale of products and services (hereinafter “Site”) belonging to Nutrivita, Stile di Vita SA, Sentiero Alpe Bolla 15, 6979 Brè sopra Lugano.
We hope you enjoy your visit to www.nutrivita.ch.
A. Changes to Conditions
The Site reserves the right to change these Conditions at any time at its own discretion. The intention to modify the Conditions, the contents of the changes and the date when the new Conditions are to take effect are published on the Site with at least seven days’ notice before the date when they are scheduled to come into force. Once published, the new Conditions are automatically binding on all Users. Users are responsible for checking the status of the Conditions on access to the Site. Use of the Site after the new Conditions have come into force implies Users’ acceptance of them. Users not intending to accept the new Conditions must cease use of the Site with immediate effect.
B. Services and Functions
The Site supplies services and functions (hereinafter the "Services”) to Users free of charge. The Site reserves the right to change or cease provision of the Services at its own discretion, without notice. Users accept and agree that, within the legal limits, the Site is not in any way responsible for any detrimental consequences, of any kind, for Users or Third Parties arising from malfunctions of the Site, even if they are due to actions or omissions by the Site managers.
Any Users not satisfied with the services received are kindly requested to submit their remarks by means of our contact form or email address. The Site hereby undertakes to give these opinions its serious consideration, although it provides no commitment/guarantee that it will reply or take action.
By accessing the Site or using the Services, Users confirm their acceptance of the Conditions. Use of the Site in violation of the Conditions constitutes breach of contract. Depending on circumstances, such use may involve unauthorised access to IT systems, a breach of intellectual property rights or illegal use of the resources provided on the Site. In order to access some protected areas of the Site and/or to use some services, Users must register, supplying personal data if requested. Registered Users undertake:
1) To supply truthful, accurate, up-to-date, complete information about themselves;
2) To update this information without delay to keep it truthful, accurate, up-to-date and complete.
D. Username, password and security
During the User registration procedure, usernames and passwords are generated and assigned to Users. Users undertake to adopt all appropriate measures to ensure the security of these data. Users have sole liability in relation to the Site for activities which can be traced to their use. Users undertake to notify the Site at once in the event of unauthorised use of the usernames and passwords assigned to them, and any other security breach which comes to their knowledge.
E. Contents and Information on the Site
The Site does not carry out any monitoring or control of contents originating from Users or third parties which pass through or are available on its IT systems or the Site. The Site may, but is not obliged to, check registration requests from professional Users, verifying the truthfulness of the information submitted to ensure its reliability. However, the Site does not accept any responsibility or issue any guarantees in this regard.
The Site publishes information supplied by registered Users, especially professionals in the various sectors covered. This information relates in particular to data concerning suppliers and producers, Users’ comments and other details. The Site does not have any control over this information, and nor does it accept any obligation to check that it is truthful, complete or reliable. Therefore, Users acknowledge and accept that the Site is not in any way responsible for this information, or for any contents, products, services or other items supplied, on the Site or separately, by visitors, registered Users and/or third parties. Users also acknowledge and accept that the Site is not directly or indirectly responsible for any damage or losses caused or presumably caused by or connected to use of or reliance on any contents, goods or services available on the Site and/or supplied by visitors, registered Users and/or third parties.
F. Contents and links external to the Site
The Site contains links to external sites and other resources accessible via the Internet. The Site has no control over these sites and resources. It does not verify their legality, the quality of their contents or their security. Therefore, Users acknowledge and accept that the Site is not in any way responsible for the availability/accessibility of any such third-party sites and resources, with regard, respectively, to any contents, advertising, products, services or other material present or available on the said sites or resources. Users also acknowledge and accept that the Site is not directly and/or indirectly responsible for any damage or losses caused or presumably caused by or connected to use of or reliance on any contents, goods or services available on/by means of the aforesaid external sites or resources.
G. Intellectual property and policy on links
The Site claims all intellectual property rights to the Site, its graphics, its databases and its contents, and also to any brands, both registered and unregistered. Users shall not modify, copy, publish, transmit, reproduce, disseminate, offer for sale or create derivative or second-hand works, display or in any way exploit the services or any content/function present on the Site, except for their personal use of the Site and its Services, unless they have the prior written consent of the Site’s owner.
The Site authorises links to the Site’s homepage, provided they are not damaging to the Site’s reputation, while reserving the right to cancel the said authorisation at its own discretion at any time. However, links to other pages within the Site (deep links) or incorporation of its contents in third-party sites (in-line linking and framing) are forbidden, except with the prior written consent of the Site’s owner.
H. Exclusion of warranty
Users specifically recognise that they use the Site’s Services at their own risk. The Services and Site are supplied “as is” and “as available”. Within the legally permitted limits, the Site does not give any type of explicit or implicit warranty, including (but not limited to) guarantees of saleability, suitability and security. It does not guarantee, in particular, that the Site and the Services offered will satisfy Users’ requirements, or that use of the Site and Services will be free from interruptions, fast, secure and free from errors. The Site does not provide any warranty concerning the accuracy, truthfulness and reliability of information and/or communications published on/carried by the Site and/or originating from the services related to it, and nor does it guarantee that any defects, once reported, will be corrected.
I. Liability limitation
Users fully accept the risks arising from accessing/using/visiting the www.nutrivita.ch Site.
Users acknowledge that, within the legally permitted limits, the Site, and all people, organisations and corporations related to its operations, decline all responsibility in the event of damage of any kind (in particular: direct and indirect damage, damage to reputation, lost profits, etc.) which Users might suffer through access to and use of the Site.
The Site may terminate, reduce or suspend the availability/usability of the Site and Services at any time, without notice, at its own absolute discretion. No compensation shall be due to Users in the event that the Site exercises this right.
J. Users’ Conduct
1) Users undertake not to use the Site and/or Services in a manner which is illegal or immoral or breaches the rights of third parties, in particular with regard to communications on/by means of the Site.
2) In particular, Users undertake not to transmit illegal, harmful, libellous, abusive, threatening, damaging, vulgar, obscene or pornographic material, or any other inappropriate material, by means of the Site and/or Services.
3) Users guarantee that their communications/transmissions to/on the Site have been checked by properly maintained antivirus software and are therefore free from malware.
4) Users undertake not to send material encouraging behaviour which might constitute a criminal offence, give rise to liability under civil law or breach Swiss, Italian or foreign law.
5) Users undertake not to use the Site and/or Services to commit any actions which are illegal, fraudulent or detrimental to the rights of third parties, including the right to privacy and other personality rights (in particular: image, name and reputation).
6) Unauthorised access/attempted access to the Site’s IT system is forbidden.
7) Users declare that they do not, and undertake not to, use spiders, robots and similar devices to search the Site’s contents. Moreover, they undertake not to use devices of any kind, including software, to interfere or attempt to interfere with the Site’s activities or hinder its use by Users. Users undertake not to engage in behaviours intended, directly or indirectly, to overload the Site and/or its IT systems.
K. User-generated contents
The Site may allow Users to send or publish messages, comments, links, files, etc. on the Site and the resources connected to it. Users declare and guarantee that any such contents comply with the prerequisites established by these Conditions. They therefore undertake to relieve the Site and other Users for any loss or damage arising from the publication of contents in breach of these Conditions.
The publication of contents on the site does not imply that the Site approves or agrees with them. The Site does not normally perform any checks on user-published contents, especially with regard to links to third-party resources. Although it is not obliged to do so, the Site reserves the right to have Users’ contributions reviewed before or after publication. Users do not have any right to have their contents published. The Site is therefore entitled not to publish the aforesaid contents, or to remove contents already published, without notice and at its own discretion.
With regard to messages, information, data, graphics, photographs, images, creative ideas, concepts, know-how, techniques, suggestions, improvements or any other contents which Users transmit, forward, publish or upload to the Site and/or in relation to any service rendered by the Site, by transmitting or uploading the aforesaid contents, the said Users grant the Site a non-exclusive licence of the maximum legally permitted duration, valid worldwide, with the option of sub-licensing, to use, reproduce, modify, publish, translate, prepare derivative and/or second-hand works, and to distribute the said contents for any purpose and in any form, subject to the laws on the protection of privacy and personal data. This licence is granted automatically and free of charge. Therefore, by submitting any such contents Users declare and guarantee that they are entitled to dispose of them and to grant the above licence.
L. Relations with advertisers and suppliers of goods and services
All transactions with particular reference to the supply of goods and/or services (with regard to conditions, warranties, representations, etc.) between Users and the Site’s third-party advertisers/business partners, etc., shall concern only the User and the aforesaid third parties. The Site does not provide any warranty with regard to the proceedings of third parties, or accept any liability for any damage arising from transactions with them.
Users agree to compensate and/or relieve the Site and its affiliated companies, partners, executives, associates, representatives, agents, employees, heirs and transferees of any damage/detrimental effects incurred, or from any third-party claim and/or demand, including legal and defence costs, arising from the illegal use of the Site and/or Services, the failure to comply with these Conditions, or the breach of any legal requirement on the part of the former.
N. Debarring from the Site
The Site reserves the right, at its own absolute discretion, to decide whether or not User’ behaviour is consistent with the contents and spirit of these Conditions. The Site reserves the right to suspend, restrict or terminate Users’ registration or to prevent them from accessing/using the Site and/or Services, partially or completely, especially in the event that Users’ behaviour is not considered to comply with these Conditions.
O. Non-enforcement does not imply waiver or amendment
The fact that the Site’s Owner does not exercise rights and/or prerogatives assigned to it, or does not enforce compliance with any provisions of these Conditions, shall not be interpreted as a permanent waiver of the aforesaid rights and/or prerogatives or as acceptance of a proposed amendment of these Conditions.
To the extent that any provision of this contract is found to be invalid or unenforceable, the other provisions shall continue in force to all intents and purposes.
Q. CHOICE OF LAW COURT AND APPLICABLE LAW
The conditions of use, and any other relations between Users ad the Site’s Owner with regard to access to and use of the latter, shall be governed by the relevant Swiss law and international private law shall not apply, subject to the application of any relevant overriding legislation.
The parties agree that the law court of Lugano shall have sole jurisdiction in the event of disputes arising from or merely related to the website address www.nutrivita.ch.
R. Adoption and amendments
These conditions of use were adopted on 01.05.2015 and amended on 01.05.2015.