General Terms and Conditions

1. General Information

This website is operated by TOP SHOP INTERNATIONAL SA (hereinafter: 'provider'), a company incorporated under the laws of Switzerland, with its registered address at Via Ferruccio Pelli 13, 6900 Lugano, Switzerland.

These General Terms and Conditions apply to all natural, legal and other persons or associations (hereinafter: the user/you) who visit and use the Studio Moderna website and all its components and (sub) pages and sections which are available on *.studio-moderna.com (hereinafter: website).

As user of this website you acknowledge that any use of this website, including any transactions and registrations you make ('use/using'), is subject to this General Terms and Conditions (which include other important hyper-linked sections e.g. Cookie Statement and Privacy Statement. Please read through these General Terms and Conditions and Privacy Policy carefully before using this website. When using certain services on this website, please read the additional information provided with regard to such services.

The provider reserves the right to change these General Terms and Conditions at any time, without any prior warning or notice. Any such changes will take effect when posted on the website (see date at the end below) and it is your responsibility to read the terms and conditions on each occasion when using this website. Therefore continued use of the website shall signify the user’s acceptance to be bound by the latest terms and conditions. If the user is legal entity, e.g. you are using the website on behalf of a legal entity, the user confirms to have authority to represent the entity on whose behalf is using this website. The provider respectfully asks any users who disagree with these General Terms and Conditions and/or the Privacy Policy to leave the website and no longer use it.

2. Use of the Website

The user undertakes to use the website lawfully and in a usual manner in accordance with the purpose of the website. The website may not be used in any way that breaches any applicable local, national or international law or regulation or infringes the rights of any other person, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. Furthermore the website may not be used to transmit any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam) or to knowingly transmit any data, send or upload any material that contains viruses or any harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

If the user is using the website in contravention of the previous paragraph, the provider may temporarily or permanently prevent the user from accessing and using the website, at provider’s sole discretion, without notice and liability of provider.If the viewing or the use of the website or any of its sections is prohibited in the country of the user or the jurisdiction applying to the user, the provider respectfully asks the user to leave the website and no longer use it in the future.

The user must properly ensure the security and confidentiality of the data used when using this website. The provider shall not be liable for damage that may arise due to unauthorised disclosure or the use of data on the part of the user.

3. Accessing the Website

In order to access certain places of this website, such as the e-shop, register your product or apply as a distributor section, you will be required to register certain details with the website. Where this is the case, you agree to provide true, accurate, current and complete information as prompted by the registration form and to maintain and promptly update such information to keep it true, accurate, current and complete. While provider endeavors to ensure that the website is available at all times, it shall not be liable if for any reason the website is unavailable at any time or for any period. Access to this website may be suspended temporarily in the case of system failure, maintenance or repair or other reasons, without notice and liability of provider.

4. Liability and Indemnity

Provider will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs, or represents the full functionality, accuracy, reliability of the website. Provider will not be responsible or liable to the user for any loss of content or material uploaded or transmitted through the website and provider accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the website. User should take all appropriate safeguards before using the website.

Any other liabilities, any indemnities, warranties, terms and conditions (whether express or implied), other than as expressly provided with respect to specific products, are hereby excluded to the fullest extent permitted under applicable law.

To the extent permissible by any applicable law, provider, its related companies and their officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for loss or damage of whatever nature (including but not limited to loss of profits or anticipated savings or wasted expenditure) arising from or in connection with your access to or use of this website, or reliance on the website, regardless of whether such loss or damage would arise in the ordinary course of events or otherwise, is reasonably foreseeable or otherwise, or is caused by any error or omission in the website (whether negligent or not).

The above mentioned limitations and exclusions do not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

5. Intellectual Property

You acknowledge and agree that the entire content of the website, regardless of the format, including but not limited to all copyright, trademarks and all other intellectual property rights in all materials and/or content, made available as part of your use of this website shall remain at all times the property of provider and its licensors.
You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only use such material and content in accordance with the purpose of this website, i.e. for the purpose of seeking and using the services therein provided. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content as well as not to assist or facilitate any third parties to such prohibited acting.

By publishing the content on the website and enabling the use of the website, the provider waives no copyright and other intellectual property rights. Infringement of the provider's intellectual property rights may constitute a criminal offence and result in the user’s material liability.

6. Miscellaneous Provisions

All relations between the users and the provider shall be governed by the laws of Switzerland and any and all disputes shall be subject to exclusive jurisdiction of the court in Lugano.
The only language to be used for communication between the user and the provider is English language.
If any provision of these terms and conditions is invalid or unenforceable for any reason, in whole or in part, this invalidity or unenforceability shall not affect the rest of these terms and conditions. In such a case, the invalid provision shall be deemed non-existent and the terms and conditions shall apply without that provision. Provider reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
Provider shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

To provide increased value to the customers, the provider may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website, the provider is not responsible for the availability of such external sites or resources, and does not review or endorse and is not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites.

In addition to the user and provider only the following persons shall have the right to enforce the rights or take benefits in these terms and conditions:

a) the authorized distributors or retailers; 
b) the related companies of provider; 
c) a person who is a permitted successor or assignee under this terms and conditions;

No delay or failure by provider to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of provider.
These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations, understandings and agreements relating to the use of this website and set forth the entire agreement and understanding between you as the user and provider, for your use of this website.
If you have any questions regarding the website or you wish to acquire additional information, please contact us on the email address info.si@studio-moderna.com.
These General Terms of Use enter into force on 8.3.2016.