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GENERAL TERMS AND CONDITIONS

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OVERVIEW

This website is operated by funtoshi Schubiger. Throughout the site, the terms "we", "us" and "our" refer to funtoshi Schubiger. funtoshi Schubiger offers 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.

When you visit our Website and/or purchase something from us, you are using our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"), including the additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms and Conditions apply to all users of the Website, including but not limited to users who are visitors, providers, customers, merchants and/or content creators.

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

Any new features or tools added to the current shop will also be subject to the Terms and Conditions . You can view the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. By continuing to use or access the website after any changes have been posted, you will be deemed to have accepted those changes.

SECTION 1 - CONDITIONS FOR THE ONLINE SHOP

By agreeing to these Terms and Conditions, you represent that you are at least of legal age in your country of residence or that you are of legal age in your country of residence and have given us your consent to allow your minor dependents to use this Website.

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

Sie dürfen keine Würmer oder Viren oder sonstigen Code destruktiver Art übertragen.

Breach or violation of any of these terms will result in immediate termination of your services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to any person at any time for any reason.

You acknowledge that your information (other than credit card information) may be transmitted unencrypted and may involve (a) transmissions over different networks and (b) changes to meet and adapt to the technical requirements of connected networks or devices. Credit card information is always encrypted when transmitted over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, use of the Service or access to the Service or any contacts on the Website through which the Service is offered without express written permission from us.

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

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information provided on this site is not accurate, complete or up-to-date. The material on this website is for general information only and should not be relied upon as the sole basis for making decisions without checking primary, more accurate, more complete or more up-to-date sources of information. Any reliance on the material on this website is at your own risk.

This page may contain certain historical information. Historical information is not necessarily up to date and is provided for your guidance only. We reserve the right to change content on this site at any time, but are under no obligation to update any information on our site. You agree that you are responsible for monitoring any changes to our website.

SECTION 4 - CHANGES TO THE SERVICE AND PRICES

Prices for 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.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may only be available online through the website. These products or services may only be available in limited quantities and are only subject to return or exchange in accordance with our returns policy.

We have made every effort to display the colours and images of our products that appear in the shop as accurately as possible. We cannot guarantee that your computer screen will display every colour correctly.

Wir behalten uns das Recht vor, sind aber nicht verpflichtet, den Verkauf unserer Produkte oder Serviceleistungen auf gewisse Personen, geografische Regionen oder Gerichtsbarkeiten zu beschränken. Wir können dieses Recht von Fall zu Fall ausüben. Wir behalten uns das Recht vor, die Mengen der von uns angebotenen Produkte oder Serviceleistungen zu begrenzen. Alle Produktbeschreibungen oder Produktpreise können jederzeit ohne Vorankündigung und nach unserem alleinigen Ermessen geändert werden. Wir behalten uns das Recht vor, jedes Produkt jederzeit aus dem Angebot zu nehmen. Jedes Angebot für ein Produkt oder eine Serviceleistung, das auf dieser Website gemacht wird, ist ungültig, wo es verboten ist.

We do not guarantee that the quality of any products, services, information or other materials purchased or acquired by you will meet your expectations or that any errors in service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel purchase quantities per person, per household or per order. These limits may include orders placed from or under the same customer account or credit card and/or orders using the same billing and/or delivery address. If we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.

For more details, please read our returns policy.

SECTION 7 - ADDITIONAL TOOLS

We may provide you with access to third-party tools that we cannot monitor, control or influence.

You agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We do not accept any liability arising from or related to your use of any additional third party tools.

Any use of additional tools offered through the Website is at your own responsibility and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are made available by the relevant third party provider(s).

We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.

SECTION 8 - THIRD PARTY LINKS

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

Third party links on this website may take you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy and we do not warrant or assume any liability or responsibility for any materials or websites or for any other materials, products or services provided by third parties.

We are not liable for any damages related to the purchase or use of goods, services, resources, content or other transactions in connection with third party websites. Please read the third party provider's policies and practices carefully and make sure you understand them before making any transaction. Complaints, claims, concerns or questions about third party products should be directed to the third party provider.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you submit certain Submissions (e.g., Contest Entries) in response to our solicitation, or submit creative ideas, suggestions, proposals, plans or other materials online, by email, by post or otherwise (collectively, "Comments") without solicitation by us, you agree that we may edit, reproduce, publish, distribute, translate and otherwise use any Comments you submit to us in any medium at any time without restriction. We are not and will not be under any obligation to (1) keep any Comments confidential, (2) pay any compensation for any Comments, or (3) respond to any Comments.

We may, but are not obligated to, monitor, edit or remove content that we, in our sole discretion, determine to be unlawful, abusive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or in violation of any party's intellectual property or these Terms and Conditions.

You agree that your comments will not infringe any third party rights, including but not limited to copyright, trademark, privacy or personal rights or any other personal or proprietary rights. You further agree that your Comments will not contain any libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material or any computer viruses or other malware that could interfere in any way with the operation of the Services or any related website or application. You must not use a false email address, impersonate any other person or mislead us or any third party as to the origin of any Comments. You are solely responsible for your comments and their accuracy. We are neither responsible nor liable for comments posted by you or any third party.

SECTION 10 - PERSONAL DATA

The transmission of personal data via the shop is subject to our privacy policy. Please read our privacy policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally our website or service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charge, delivery time and availability. We reserve the right at any time and without prior notice (including after you have placed your order) to correct any errors, inaccuracies or omissions and to change or update any information or cancel any order if any information relating to the Service or on any related website is incorrect.

We do not undertake any obligation to update, amend or clarify any information in relation to the Service or on any related website, including, but not limited to, pricing information, unless required to do so by law. Any update dates given in relation to the Service or on any related website should not be taken as an indication that all information in relation to the Service or on any related website has been changed or updated.

SECTION 12 - PROHIBITED USES

In addition to any other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its Content for any of the following: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to interfere with or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to provide false or misleading information; 

(g) to upload or transmit viruses or any other type of malicious code that in any way interferes with the functionality or operation of the Service or any related website, other websites or the Internet; (h) to collect or track personal information of others; (i) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.

SECTION 13 - DISCLAIMER; LIMITATION OF LIABILITY

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

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

You agree that we may from time to time remove the Service indefinitely or discontinue it 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 offered to you through the Service are provided to you (except as expressly stated by us) "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title or non-infringement.

In no event shall funtoshi Schubiger, 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 but not limited to lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether based on contract, tort (including negligence) or strict liability, or otherwise arising out of the use of the Service or any products procured through the Service, or for any other claim relating in any way to the 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 the use of the Service or any Content (or products) posted, transmitted or otherwise made available through the Service, even if advised of the possibility thereof.

Because some countries or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in those countries or jurisdictions, our liability is limited to the maximum extent permitted by law.

SECTION 14 - COMPENSATION

You agree to indemnify, defend and hold harmless funtoshi Schubiger and our parent, 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.

SECTION 15 - SEVERABILITY CLAUSE

If any provision of these Terms and Conditions is found to be illegal, void or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law and the unenforceable portion shall be deemed severable from these Terms and Conditions, and such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties arising prior to the Termination Date shall survive the termination of this Agreement for all purposes.

These Terms and Conditions are valid until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our services or if you stop using our website.

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

SECTION 17 - ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions, together with any policies or operating rules published by us on this website or in relation to the Service, constitute the entire agreement and understanding between you and us, govern your use of the Service and supersede all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including but not limited to any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these General Terms and Conditions shall not be construed against the drafting party.

SECTION 18 - APPLICABLE LAW

These Terms and Conditions and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of Lindenstrasse, 19C, Wil SG, St. Gallen, 9500, Switzerland.

SECTION 19 - AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS OF BUSINESS

You can view the latest version of the General Terms and Conditions at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions by posting updates and changes on our website. It is your responsibility to check our website regularly for any changes. Your continued use of or access to our Website or the Service following the posting of any changes to these Terms and Conditions will constitute your acceptance of such changes.

SECTION 20 - CONTACT DETAILS

Questions regarding the General Terms and Conditions should be sent to us at schubi@funtoshi.com.