Terms and Conditions
Orizont Line Sagl Terms and Conditions
These Terms govern
the use of this Website and
any other Agreement or legal relationship with the Owner
in a binding manner. Capitalised expressions are defined in the relevant section of this document.
The User is requested to read this document carefully.
The entity responsible for this Website is:
Orizont Line Sagl
Via Industria 5
6934 BIOGGIO (TI)
SWITZERLAND
Owner's email address: info@orizontline.ch
"This Website" refers to
this website, including its subdomains and any other site through which the Owner offers the Service;
applications for mobile devices, tablets or similar;
application program interfaces (APIs);
the Service;
any software included as a component of the Service, as well as any applications, template files, content files, scripts, source code, instruction sets and related documentation;
The following documents are incorporated into the Terms by reference:
What to know at a glance
The right of withdrawal applies only to European consumers.
Please note that certain provisions of these Terms may only apply to certain categories of Users. In particular, some provisions may apply only to Consumers or only to Users not acting as Consumers. Such limitations are always explicitly mentioned in each relevant clause. If not mentioned, the clauses shall apply to all Users.
The use of this Website and the Service is restricted to Users of legal age under the applicable law.
Access to this Website and use of the Service by minors is permitted only under the supervision of their parents or guardians.
CONDITIONS OF USE
Unless otherwise specified, the terms of use of this Website set out in this section apply generally.
Additional conditions of use or access applicable in particular situations are expressly indicated in this document.
By using this Web Site the User declares that he/she meets the following requirements:
There are no restrictions referred to Users with respect to whether they are Consumers or Professional Users;
The User is of legal age under applicable law;
The use of this Website by minors is permitted only under the supervision of their parents or guardians;
Registration
In order to use the Service, the User may open an account by providing all the required data and information in a complete and truthful manner.
You can also use the Service without registering or creating an account. In this case, however, certain functions may not be available.
It is your responsibility to keep your access credentials secure and confidential. To this end, Users should choose a password that meets the highest level of security available on this Web Site.
By creating an account, the User agrees to be fully responsible for any and all activities carried out with his/her access credentials.
Users must notify the Controller immediately and unequivocally via the contact details set out in this document if they believe that their personal information, such as User account, access credentials or personal data, has been hacked, unlawfully disclosed or stolen.
Account closure
You are free to close your account and cease using the Service at any time by following this procedure:
Contacting the Owner at the contact details in this document.
Account suspension and cancellation
The Owner reserves the right to suspend or delete a User's account at any time in its sole discretion and without prior notice, if it deems it inappropriate, offensive or contrary to these Terms.
Suspension or deletion of an account does not give the User any right to compensation, refund or indemnity.
Suspension or deletion of an account for reasons attributable to the User shall not relieve the User from payment of any applicable fees or charges.
Content on this Website
Unless otherwise stated or clearly recognisable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner takes the utmost care to ensure that the content available on this Website does not violate applicable law or the rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to any legally enforceable rights and claims, Users are requested to address their complaints to the contact details specified in this document.
Rights to the contents of this Website
The Owner holds and expressly reserves all intellectual property rights over the aforementioned contents.
Users are not authorised to use the contents in any way that is not necessary or implicit in the proper use of the Service.
In particular, but without exclusion, Users are prohibited from copying, downloading, sharing beyond the limits specified below, modifying, translating, processing, publishing, transmitting, selling, sub-licensing, transforming, transferring/alienating to third parties or creating derivative works from the content available on this Website, from allowing third parties to engage in such activities through their User account or device, even without their knowledge.
Where expressly indicated on this Website, the User is authorised to download, copy and/or share certain content available on this Website solely for personal and non-commercial purposes and provided that the attribution of authorship of the work is observed as well as the indication of any other relevant circumstances required by the Owner.
The limitations and exclusions provided for by copyright law remain unaffected.
Access to external resources
Through this Web Site, Users may have access to resources provided by third parties. Users acknowledge and accept that the Owner has no control over these resources and is therefore not responsible for their content and availability.
The conditions applicable to the resources provided by third parties, including those applicable to any concessions of rights to content, are determined by the third parties themselves and governed by their terms and conditions or, in their absence, by law.
Permitted use
This Website and the Service may only be used for the purposes for which they are offered, in accordance with these Terms and applicable law.
It is your sole responsibility to ensure that your use of this Website and/or the Service does not violate any law, regulation or third party rights.
Therefore, the Owner reserves the right to take all appropriate measures to protect its legitimate interests, and in particular to deny the User access to this Website or the Service, terminate contracts, report any censurable activity carried out through this Website or the Service to the competent authorities - e.g. the judicial or administrative authorities - whenever the User commits or is suspected of committing
violations of laws, regulations and/or the Terms;
infringement of the rights of third parties
acts that may considerably prejudice the legitimate interests of the Controller;
offending the Owner or a third party.
Conditions of use of the API
Users can access their data on this Website through the Application Program Interface (API). Any use of the API, including through third party products or services accessing this Website, is subject to the Terms and in addition to the following specific conditions:
the User expressly acknowledges and agrees that the Owner shall not be liable for any damage or loss resulting from the User's use of the API or third party products or services accessing data through the API.
TERMS AND CONDITIONS OF SALE
Paid-for Products
Some of the Products offered on this Website as part of the service are chargeable.
The fees, duration and conditions applicable to the sale of such Products are described below and in the respective sections of this Website.
Product description
Prices, descriptions and availability of Products are specified in the respective sections of this Web Site and are subject to change without notice.
Although the Products on this Web Site are presented as accurately as technically possible, the representation on this Web Site by any means (including, as applicable, graphics, images, colours, sounds) is for reference only and does not imply any warranty as to the characteristics of the Product purchased.
The characteristics of the selected Product will be specified during the purchase procedure.
Purchase procedure
Each step, from the choice of the product to the placing of the order, is part of the purchase procedure.
The purchase procedure comprises the following steps:
Users are requested to choose the desired Product and verify their purchase choice.
After checking the information visible in the purchase choice, users can place their order by submitting it.
Placing an order
Sending an order entails the following:
The sending of the order by the User determines the conclusion of the contract and gives rise to the User's obligation to pay the price, taxes and any additional charges and expenses, as specified on the order page.
In the event that the purchased Product requires an active contribution from the User, such as the provision of information or personal data, specifications or special requests, the placing of the order also constitutes the User's obligation to cooperate accordingly.
Once the order has been placed, Users will be sent a confirmation of receipt of the order.
All notifications relating to the purchase procedure described above will be sent to the email address provided by the User for this purpose.
Prices
During the purchase process and before placing the order, Users are duly informed of all commissions, taxes and costs (including shipping costs, if any) that will be charged to them.
The prices on this Web Site
depending on the section the User is browsing include all applicable commissions, taxes and costs or are quoted net of applicable commissions, taxes and costs.
Promotions and discounts
The Owner may offer discounts or special promotions for the purchase of Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Website.
Promotions and offers are always granted at the sole discretion of the Owner.
Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Users in the future.
As the case may be, discounts and promotions are valid for a certain period of time or while stocks last. Unless otherwise specified, time limitations on promotions and discounts apply to the time zone of the Holder's place of business, as indicated in the contact details in this document.
Vouchers
Promotions and discounts may be offered in the form of Vouchers.
In the event of a breach of the terms and conditions applicable to the Vouchers, the Holder may legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take legal action to protect its rights and interests.
Any additional or divergent provisions applicable to the use of the Vouchers set out on the relevant information page or on the Voucher itself shall prevail in any event, irrespective of the provisions below.
Unless otherwise stated, the following rules apply to the use of Vouchers:
Each Voucher is only valid if used in the manner and within the time period specified on the website and/or on the Voucher;
The Voucher can only be redeemed in full at the time of purchase - partial use is not permitted;
Unless otherwise specified, single-use Vouchers can only be redeemed once per purchase and can therefore only be redeemed once even in the case of instalment purchases;
Vouchers are not cumulative;
The Voucher must be used within the specified period of validity. Once the validity period has expired, the Voucher will be automatically cancelled. Any possibility of claiming rights, including reimbursement of the value of the Voucher, is excluded;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Voucher and the redeemed value;
The Voucher is intended exclusively for non-commercial use. The reproduction, counterfeiting and marketing of the voucher is strictly forbidden, as is any illegal activity connected with the purchase and/or use of the voucher.
Means of Payment
Details of the means of payment accepted are highlighted during the purchase process.
Some means of payment are linked to further conditions or involve additional costs. Detailed information can be found in the relevant section of this Website.
All payments are handled independently by third party services. Therefore, this Website does not collect payment data - such as credit card numbers - but you will be notified once your payment has been successfully processed.
If the payment made by one of the available means fails or is refused by the payment service provider, the Holder is not obliged to execute the order. Any costs or fees resulting from the failed or declined payment shall be borne by the User.
Authorisation for future payments via PayPal
If the User authorises the PayPal function allowing future purchases, this Website will store an identification code linked to the User's PayPal account. This will allow this Website to automatically process payments for future purchases or for the payment of periodic instalments for a previous purchase.
This authorisation may be revoked at any time by contacting the Owner or by modifying the personal PayPal settings.
Retention of Title
Until payment of the full purchase price has been received by the Holder, the User does not acquire ownership of the Products ordered.
Delivery
Deliveries are made to the address indicated by the User and in the manner indicated in the order summary.
At the time of delivery, Users must check the contents of the package and promptly report any anomalies to the contact details given in this document or as described in the delivery note. Users may refuse to accept the package if it is visibly damaged.
Delivery may take place to the countries or territories specified in the relevant section of this Web Site.
Delivery times are indicated on this Web Site or during the purchase process.
Non-delivery
The Owner shall not be liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the User in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the User.
In the event that the goods are not delivered or collected at the time or by the deadline, they will be returned to the Owner, who will contact the User to schedule a second delivery attempt or agree further action.
Unless otherwise specified, each delivery attempt after the second will be at the User's expense.
User's rights
Right of withdrawal
Unless an exception applies, the User may have the right to withdraw from the contract within the period specified below (usually 14 days) for any reason and without justification. The User can find further information on the right of withdrawal in this section.
Who has the right of withdrawal
Unless one of the exceptions listed below applies, Users acting as European Consumers have the legal right to withdraw from contracts concluded online (distance contracts) within the time period specified below for any reason and without justification.
Users who do not meet these requirements do not enjoy the rights described in this section.
Exercise of the right of withdrawal
In order to exercise the right of withdrawal, the User must send the Controller an unequivocal notice of his intention to withdraw from the contract.
For this purpose, the User may use the standard withdrawal form available in the definitions section of this document. However, the User is free to express his intention to withdraw from the contract in any other suitable form. In order to comply with the period within which the right must be exercised, the User must send the declaration of withdrawal before the withdrawal period expires.
When does the withdrawal period expire?
In the case of the purchase of goods, the withdrawal period expires after 14 days from the day on which you or a third party - appointed by you and other than the courier - takes possession of the goods.
In the case of the purchase of several goods ordered together but delivered separately or in the case of the purchase of a single good consisting of several lots or pieces delivered separately, the withdrawal period expires after 14 days from the day on which the User or a third party - appointed by him and other than the courier - takes possession of the last of the goods, lots or pieces.
Effects of withdrawal
The Holder refunds all payments received including, if made, those relating to delivery costs to Users who have correctly exercised their right of withdrawal.
However, the higher cost resulting from the choice of a particular delivery method other than the cheapest standard delivery offered by the Controller shall remain the responsibility of the User.
The refund shall be made without undue delay and in any event within 14 days of the day on which the Data Controller was informed of the User's decision to withdraw from the contract. Unless otherwise agreed with the User, the refund is made using the same means of payment as was used for the initial transaction. The User does not incur any costs as a consequence of the withdrawal.
... on contracts for the purchase of goods
Unless the Holder has offered to collect the goods, the User shall return them to the Holder or another person authorised by the Holder to receive them without undue delay and in any event within 14 days from the day on which he communicated his intention to withdraw from the contract.
The time limit shall be deemed to have been observed if the delivery of the goods to the carrier or other person authorised by the carrier takes place before the expiry of the 14-day period described above. The refund may be withheld until receipt of the goods or until the User has provided proof of having returned the goods.
The User is liable for any decrease in the value of the goods resulting from any use of the goods other than that necessary to establish their nature, characteristics and functioning.
The return shipping costs shall be borne by the User.
Legal guarantee of product conformity
According to European legislation, the seller guarantees the conformity of the goods sold for a minimum period of 2 years from delivery. Therefore, the seller is obliged to ensure that the goods purchased have the quality, functionality or characteristics promised or reasonably foreseeable for at least two years from the moment of delivery to the buyer.
If you are acting as a European Consumer, the legal warranty of conformity of goods applies to items available on this Website in accordance with the laws of the country in which you are ordinarily resident.
The national laws of that country may grant such Users more extensive rights.
Consumers not acting as European Consumers may have conformity warranty rights under the laws of the country in which they are ordinarily resident.
Limitation of Liability and Indemnity
Australian Users
Limitation of Liability
Nothing in these Terms shall exclude, limit or modify any warranty, condition, indemnity, right or remedy that you may have under the Competition and Consumer Act 2010 (Cth) or other similar state and territory legislation and which constitutes a right that cannot in any way be excluded, limited or modified (a non-excludable right). To the fullest extent permitted by law, our liability to you, including liability for the infringement of a non-excludable right and any other liability not otherwise excluded under these Terms and Conditions, is limited, at our option, to the re-provision of the services or payment of the cost of re-provision of the services.
US Users
Disclaimer of Warranty
The Owner provides this Website on an "as is" and "as available" basis. Use of the Service is at your own risk. To the fullest extent permitted by law, the Owner expressly disclaims all conditions, covenants and warranties of any kind - whether express, implied, statutory or otherwise, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No advice or information, whether oral or written, obtained by the User from the Owner or through the Service shall create any warranty not expressly set forth herein.
Notwithstanding the foregoing, Owner and its subordinates, affiliates, officers, agents, trademark holders, partners, suppliers and employees do not warrant that the content will be accurate, reliable or correct; that the Service will be available, uninterrupted and secure, at any particular time or place; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the User's own risk and the User shall be solely responsible for any damage to the computer system or mobile device or loss of data resulting from such operation or use of the Service by the User.
The Owner does not guarantee, endorse, warrant or assume responsibility for any product or service advertised or offered by third parties through the Service nor any website or service hyperlinked. In addition, the Owner does not participate in or in any way monitor any transactions between Users and third party providers of products or services.
The Service may become inaccessible or not function properly with the User's browser, device and/or operating system. The Owner cannot be held liable for any damage, whether perceived or actual, arising from the content, operation or use of the Service.
Federal laws, some states and other jurisdictions do not allow the exclusion or limitation of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives you specific legal rights. Users may have additional rights that vary from state to state. The limitations and exclusions in this Agreement apply to the extent permitted by law.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees be liable for any indirect, intentional, collateral, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of or inability to use the Service; and
any damage, loss or injury resulting from hacking, tampering or other unauthorised access to or use of the Service or your account or the information contained therein;
any errors, omissions or inaccuracies in the content;
personal injury or property damage of any kind resulting from your access to or use of the Service;
any unauthorised access to the Owner's security servers and/or any personal information stored therein
any interruption or cessation of transmissions to or from the Service
any bugs, viruses, trojans or the like that may be transmitted to or through the Service
any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available through the Service; and/or
the defamatory, offensive or illegal conduct of any User or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, brand co-owners, partners, suppliers and employees be liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount greater than the amount paid by the User to the Owner during the preceding 12 months, or the term of this Agreement between the Owner and the User, whichever is shorter.
This section on limitation of liability applies to the maximum extent permitted by law in the applicable jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability or any other basis, even if the Owner was advised of the possibility of such damage occurring. Some jurisdictions do not allow the exclusion or limitation of collateral and consequential damages, so the above limitations or exclusions may not apply to you. These Terms give you specific legal rights and you may have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions or limitations of liability in these Terms shall not apply beyond the limits of applicable law.
Indemnification
You agree to defend, indemnify and hold harmless the Owner and its subordinates, affiliates, officers, agents, co-branders, partners, suppliers and employees from and against any and all claims or demands, damages, obligations, losses, liabilities, charges or debts and expenses, including, without limitation, legal fees and expenses arising from
your use of or access to the Service, including any data or content transmitted or received by you
User's breach of these Terms, including but not limited to User's breach of any representation or warranty in these Terms;
your violation of any third party rights, including, but not limited to, any rights relating to privacy or intellectual property;
your violation of any applicable law, rule or regulation
any content posted by the User's account, including, but not limited to, misleading, false or inaccurate information, and including where access is gained by third parties using the User's personal username and password or other security measures, if any
wilful misconduct of the User; or
violation of any legal provision by the User or its affiliates, officers, agents, co-branders, partners, suppliers and employees, to the extent permitted by applicable law.
Common Provisions
No implied waiver
The Owner's failure to exercise its statutory rights or claims under these Terms shall not constitute a waiver thereof. No waiver shall be deemed final with respect to any specific right or any other right.
Interruption of the Service
In order to ensure the best possible level of service, the Owner reserves the right to interrupt the Service for maintenance purposes, system updates or any other change, giving appropriate notice to Users.
Within the limits of the law, the Data Controller reserves the right to suspend or completely terminate the Service. In the event of termination of the Service, the Data Controller will ensure that Users can retrieve their Personal Data and information in accordance with the provisions of the law.
In addition, the Service may not be available due to causes beyond the Owner's reasonable control, such as force majeure (e.g. strikes, infrastructure malfunctions, blackouts, etc.).
Resale of the Service
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit this Website or the Service in whole or in part without the prior written consent of the Owner, expressed directly or through a legitimate resale program.
Privacy policy
Information on the treatment of Personal Data is contained in the privacy policy of this Web Site.
Intellectual Property
Without prejudice to any more specific provisions contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Website are held exclusively by the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property.
All trademarks - whether denominative or figurative - and all other distinctive signs, companies, service marks, illustrations, images or logos that appear in connection with this Website are and remain the exclusive property of the Owner or its licensors and are protected under the legislation and international treaties applicable to intellectual property.
Changes to the Terms
The Owner reserves the right to modify the Terms at any time. In this case, the Owner will give appropriate notice of the changes to Users.
The changes will only affect the relationship with the User for the future.
Your continued use of the Service constitutes your acceptance of the updated Terms. If you do not wish to accept the changes, you must cease using the Service. Failure to accept the updated Terms may result in either party's right to terminate the Agreement.
The previous applicable version shall continue to govern the relationship until accepted by the User. Such version may be requested from the Owner.
If required by applicable law, Owner will specify the date by which changes to the Terms will become effective.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, novate or contract out any or all of its rights and obligations under these Terms, having regard to the legitimate interests of the Users.
The provisions relating to the amendment of these Terms shall apply.
The User is not authorised to assign or transfer its rights and obligations under the Terms without the written consent of the Owner.
Contact
All communications relating to the use of this Web Site should be sent to the contact details indicated in this document.
Severability clause
If any provision of these Terms should be or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain valid and enforceable.
US Users
Any invalid or unenforceable provision will be interpreted and adjusted to the extent necessary to make it valid, effective and consistent with its original purpose.
These Terms constitute the entire agreement between User and Owner with respect to the subject matter hereof and supersede all other communications, including any prior agreements, between the parties with respect to the subject matter hereof.
These Terms shall be enforced to the fullest extent permitted by law.
European Users
If any provision of these Terms should be or become void, invalid or unenforceable, the parties will endeavour to find an amicable replacement for the void, invalid or unenforceable provision.
In the event of failure to agree within the above time limits, if permitted or provided for by the applicable law, the invalid, void or unenforceable provision will be replaced by the applicable legal provision.
Notwithstanding the foregoing, the nullity, invalidity or ineffectiveness of a specific provision of these Terms shall not render the entire Agreement null and void, unless the null, invalid or ineffective provision under the Agreement is essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an unreasonable and unacceptable burden on either party.
Applicable law
The Terms are governed by the law of the place where the Owner is established, as indicated in the relevant section of this document regardless of conflict of law rules.
Exception for European Consumers
However, notwithstanding the foregoing, if you are acting as a European Consumer and are ordinarily resident in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.
Jurisdiction
The exclusive jurisdiction to hear any dispute arising out of or in connection with the Terms lies with the courts of the place where the Owner is established, as indicated in the relevant section of this document.
Exception for European Consumers
The foregoing does not apply to Users acting as European Consumers or Consumers located in Switzerland, Norway or Iceland.
Dispute Resolution
Amicable settlement of disputes
Users may report any disputes to the Controller, who will attempt to resolve them amicably.
Without prejudice to the User's right to take legal action, in the event of a dispute concerning the use of this Website or the Service, Users should contact the Controller at the contact details indicated in this document.
The User may address a complaint to the email address of the Owner indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.
The Owner will process the request without undue delay and within 21 days of receipt.
Definitions and legal references
This Website (or this Application)
The structure that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User governed by the Terms.
Commercial User
Any User who does not meet the definition of a Consumer.
Voucher
Any digital or paper code or voucher that enables the User to purchase the Product at a discounted price.
Standard withdrawal form
Addressed to:
Orizont Line Sagl Via Industria 5 6934 Bioggio
info@orizontline.ch
I/We hereby give notice of withdrawal from my/our contract of sale of the following goods/services:
_____________________________________________ (insert here a description of the goods/services from whose purchase you intend to withdraw)
Ordered on: _____________________________________________ (insert date)
Received on: _____________________________________________ (insert date)
Nome del/dei consumatore/i:_____________________________________________
Indirizzo del/dei consumatore/i:_____________________________________________
Data: _____________________________________________
(sign only if this form is notified on paper)
Holder (or Us)
Means the natural or legal person who provides this Website and/or offers the Service to Users.
Product
A good or service that can be purchased through this Website, such as a tangible good, digital files, software, reservation services etc.
The sale of a Product may be part of the Service, as defined above.
Service
The service offered through this Website as described in the Terms and on this Website.
Terms
All terms applicable to the use of this Website and/or provision of the Service as described in this document and any other related document or agreement, in its most current version respectively.
User (or You)
Means any natural person using this Web Site.
Consumer
Any natural person who, as a User, uses goods or services for personal purposes and, in general, acts for purposes unrelated to his or her entrepreneurial, commercial, craft or professional activity.
Last modified: 22 September 2021