General Conditions

OVERVIEW


This website is operated by Empxror. Throughout the site, the terms "we", "us" and "our" refer to Empxror. Empxror provides this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting this site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms and Conditions”, “Terms and Conditions”), including all additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.


Please read these Terms and Conditions of Sale and Use carefully before accessing or using our site. By accessing or using any part of this site, you agree to be bound by these terms and conditions. If you do not agree to all of these terms and conditions of use, you must not access the website or use any services. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.


Any new features or tools which are added to this store in the future shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.



ARTICLE 1 - CONDITIONS OF USE OF OUR ONLINE STORE


By agreeing to these Terms of Sale and Use, you represent that you are at least the age of majority in your country, state or province of residence and that you are the age of majority in your country, state or province of residence and that you are the age of majority to allow any minor under your responsibility to use this website.


You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


You must not transmit any worms, viruses or other code of a destructive nature.


Any breach or violation of these Terms and Conditions will result in an immediate termination of your Services.



ARTICLE 2 - GENERAL CONDITIONS


We reserve the right to refuse access to the Services to anyone, at any time, for any reason.


You understand that your content (not including credit card information), may be transferred unencrypted and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.


You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or contact on the website through which the service is provided, without our express prior written permission.


The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.



ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION


We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. If you decide to rely on the material on this site, you do so at your own risk.


This site may contain certain prior information. Such prior information, by its nature, is not current and is provided for informational purposes only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.



ARTICLE 4 - MODIFICATIONS TO THE SERVICE AND PRICES


The prices of our products are subject to change without notice.


We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.


We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.



ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.


We have made every effort to display as accurately as possible the colors and images of our products that appear at our store. We cannot guarantee that your computer monitor's display of any color will be accurate.


We reserve the right, but are not obligated, to limit the sales of our products or Services to any person in any geographic area or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.


We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ARTICLE 6 - DELIVERY AND WITHDRAWAL TIMES

The average delivery time includes the order processing time by Empxror services from Monday to Friday (except Swiss public holidays) as well as the transport times charged by the carrier.

The Seller processes orders from Monday to Friday (except Swiss public holidays), within an average of 24 hours.

The order is prepared and sent to the carrier subject to payment.

At certain times (particularly during sales), processing times may be longer due to the larger number of orders.

Delivery time, including transport, is 2 to 8 working days.

The delivery time can be chosen by the customer when ordering with express or standard order. (express: 2-3 days / standard: 4-8 days)

In all cases, the Customer automatically receives an email informing him of the dispatch of his order.

The Seller cannot be held responsible for delivery delays caused by the Customer providing an incorrect or incomplete address.

Withdrawal period:

The customer has the right to withdraw and cancel the contract by contacting our customer service (see contact form) within 14 days from the day of receipt of the Products. Our customer service will then provide you with the necessary return instructions by email. We only accept requests to return Products if the Products have never been used (other than trying on the Product to check the size) and if the Products are returned in their original condition (original packaging and labeling intact).

ARTICLE 7 - PRICE, DELIVERY AND PROCESSING COSTS, TAXES

The prices mentioned on the website www.empxror.com are inclusive of VAT (TTC). They are only valid for orders placed via www.empxror.com. Despite the care taken in managing the website www.empxror.com, it is possible that some price information may be incorrect. If this is the case, we will correct it as quickly as possible, but the incorrect information is not binding on us. Other costs related to delivery and order processing, as well as the VAT applicable to the transaction, are mentioned at the time of your order. Delivery costs are indicated in the details of your shopping cart. The buyer is, however, responsible for other duties or taxes, including customs duties if applicable. The buyer must therefore bear the payment of these.

ARTICLE 8 - ACCURACY OF BILLING AND ACCOUNT INFORMATION


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, by credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


For more details, please see our Return Policy.



ARTICLE 9 - OPTIONAL TOOLS


We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.


You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability whatsoever arising from or relating to your use of optional third-party tools.


Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms and conditions on which tools are provided by the provider(s).



Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


We may also offer new services and/or features through our website (including new tools and resources) in the future. These new services and features will also be subject to these terms of sale and use.



ARTICLE 10 - LINKS TO THIRD PARTIES


Certain content, products and services available via our Service may include materials from third-parties.


Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites, and we do not warrant and will not have any liability or responsibility for any third-party content, websites, products, services, or other materials available on or from such third-party sites.


We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.




ARTICLE 11 - USER COMMENTS, SUGGESTIONS AND OTHER SUBMISSIONS


If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'Comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.


We may, but have no obligation to, monitor, edit or remove any content that we determine in our sole discretion to be unlawful, offensive, threatening, abusive, defamatory, libelous, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.


You agree to write comments that do not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous, unlawful, offensive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us and/or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.



SECTION 12 - PERSONAL INFORMATION


Your submission of personal information through our store is governed by our Privacy Policy. Click here to view our Privacy Policy.



SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS


From time to time, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.




ARTICLE 14 - PROHIBITED USES


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any state, federal, provincial, national, or international law, rule, or regulation; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of any third party; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will interfere with the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, surf, crawl, or scan; (j) for any obscene or immoral purpose; or (k) to violate or circumvent the security features of our Service, any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.



ARTICLE 15 - EXCLUSION OF WARRANTY AND LIMITATION OF LIABILITY


We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free.


We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.


You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time without notice to you.


You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


In no case shall Empxror, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.



ARTICLE 16 - COMPENSATION


You agree to indemnify, defend and hold Empxror, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


ARTICLE 17 - SEVERABILITY


In the event that any provision of these Terms and Conditions of Sale and Use is determined to be unlawful, void or unenforceable, such provision may nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Sale and Use, such severance shall not affect the validity and enforceability of any other remaining provisions.



ARTICLE 18 - TERMINATION


The obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this Agreement for all purposes.


These Terms of Service are effective unless and until terminated by you or otherwise. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.


If we determine, in our sole discretion, that you fail, or we suspect that you have failed, to comply with any term or condition of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).



ARTICLE 19 - ENTIRE AGREEMENT


Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


These Terms of Service and any other policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


Any ambiguity in the interpretation of these Terms and Conditions of Sale and Use shall not be construed to the detriment of the drafter.



ARTICLE 20 - APPLICABLE LAW


These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Switzerland.



ARTICLE 21 - MODIFICATIONS TO THE GENERAL CONDITIONS OF SALE AND USE


You can review the most recent version of the Terms of Sale and Use at any time on this page.


We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms of Service constitutes acceptance of those changes.



ARTICLE 22 - CONTACT DETAILS


Questions regarding the Terms of Sale and Use should be sent to us at: team@empxror.com