Site terms of use

The websites www.sparkleandwine.ch or www.sparkleandwine.com (hereinafter the “website”) are operated by Sparkle and Wine sàrl (hereinafter “Sparkle”, “we”, “our”, “our” ) and their uses are governed by these terms of use (hereinafter the “terms of use”). We have written the Terms of Service to let you know how you can use our websites.

The terms of use, general conditions of sale, as well as our privacy policy, govern the relationship that Sparkle has with you with regard to access and use of the website and its content. You accept the conditions without reservation by using and accessing the site. Otherwise, please do not use Sparkle’s services.

• Use of the website

The Sparkle website and other services are intended for adult audiences only and are not directed to persons under the age of 18. Therefore, no one under the age of 18 is permitted to use our website or our services.

By using our website and our services, you certify that you are over 18 years of age, that you can enter into a valid contract with Sparkle and that you comply with the terms of use as well as all laws, rules and regulations. applicable local, state, federal, national and international regulations.

We reserve the right to terminate your use of our services in the event of a violation of the terms of use, general conditions of sale or our privacy policy, at any time, without notice and without having to justify the reason. .

By using our website and our services, you agree to:

• not to use the website or our services for purposes that are illegal or prohibited by these terms of use.
• do not use any automated means (robot, spider, etc.) to access services or extract information from other users.
• not to copy, modify, distribute, sell or rent parts of our website or our services.
• do not reverse engineer or attempt to extract the source code of the software.
• not to use or develop third-party applications to interact with the website, services, content or information of other users, unless we have obtained our written consent.
• not to use the website or any service in a way that could interfere with said services, disrupt or adversely affect them, prevent other users from using them fully or affect our ability to maintain them.
• not to use the website or any service in a way that could damage, overload or hinder the functioning of said services.
• not to publish, on online platforms, any content that offends or contains pornography, graphic violence, threats, hate speech or inciting violence or promoting any illegal activity.
• not to use the services in a way that would violate the rights of Sparkle or those of third parties.
• not to compromise the security of the Services, including, but not limited to, downloading viruses or other malicious code.
• do not attempt to access areas or features to which you are not authorized. you will only be able to access areas or features of the services to which we have granted you access.
• not attempt to examine, analyze or test the security or vulnerability of our services, including Sparkle’s systems or networks
• do not send unsolicited or unwanted emails to Sparkle
• not participate in any activity and do not encourage any activity that violates the terms of use.

Sparkle cannot guarantee that the use of any content displayed on its website will not infringe the rights of third parties.

• Confidentiality

The confidentiality of your personal data is important, both to you and to us. See our privacy policy to find out how your personal data is handled when you register and use our website and services.

• Copyright and intellectual property rights

Copyrights and other intellectual property rights in the content of the website are free of copyright or the property of Sparkle or are used with permission of the owner concerned.

Nothing contained in the terms of use on this website should be interpreted as conferring by implication, or in any other way, any license or right under any patent, copyright, a trademark or other intellectual property right of Sparkle.

The information contained on the website is presented there for information, promotion or sales purposes. Any modification, dissemination, publication, distribution, transmission, creation of derivative works from the website or dissemination of the content thereof, either in whole or in part and by any means whatsoever, is strictly prohibited, except with Sparkle’s prior written consent. All rights are reserved worldwide.

All comments, ideas, suggestions or any other contribution, including, but not limited to, commercial ideas and original works (photos or otherwise) that you transmit to us are not confidential and you grant to Sparkle, as free, a worldwide, perpetual right which may give rise to the grant of a full and irrevocable sub-license to use, distribute, reproduce, modify, adapt, display, create works at starting from such contributions and exploiting them in any other way. As a result, we can use the ideas you send us without compensating or mentioning you.

• Limitation of guarantees

All documentation, information or website content is provided “as is” in terms of availability, and without warranty of any kind, either express or implied, which includes, among other things, any implied warranty of good quality. merchant or adaptation to a particular use. The photos and texts illustrating or describing the products on the site are non-contractual.

Sparkle assumes no responsibility and cannot guarantee that the information on the website is accurate, complete and up to date, or that the website is free from defects and that existing defects will be corrected. By using this website, you agree to do so at your own risk and you assume full responsibility for any problems inherent in its use, any loss of data and any costs associated with any support or repair of any equipment and / or software used by you to connect to the website, and you agree that Sparkle cannot be held liable for any damages which may be caused by, resulting from or relating to your use of the website.

If you communicate with us by email, please note that the security of emails sent over the internet is uncertain. By sending sensitive or confidential emails, you accept the risks inherent in this uncertainty and the possible lack of confidentiality on the internet.

• Limitation of Liability

You agree that, to the fullest extent permitted by applicable law, Sparkle cannot, under any circumstances, be held liable for actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or for any other damages of any kind. nature whatsoever resulting from or related to the use, inability to use or dissemination of information, products or materials from this website, even if Sparkle has been previously informed of the possibility of such damages, in the context of a contractual action or any other cause of action.

Sparkle reserves the right to interrupt or suspend all or part of the functionality of its website. Sparkle assumes no responsibility of any kind whatsoever for any interruption or suspension of one or all of the functionalities of its website resulting from actions or omissions of itself or of a third party. part.

• Modification of information or website

The content of the Sparkle website may contain inaccuracies or typographical errors, in particular in affecting the descriptions or references of the products displayed on the website. Sparkle reserves the right to make changes, corrections and / or improvements to this content at any time and without prior notice, but assumes no responsibility in this regard and has no obligation to deliver the products and / or to pay any damages.

The style, representations, fonts and colors of the available products or the website may be changed without prior notice.

• Availability of products and services

The website may contain information about Sparkle products and / or services that are not or no longer available. Mention of a product or service on the website does not imply that said product or service is or will be available.

• Social media and links

The Sparkle website may contain links to other websites which are not managed or controlled by Sparkle. These addresses or links are provided only as a guide to help you locate other websites that may be of interest to you.

Sparkle has not checked any of the websites linked to its website and cannot be held responsible for the availability or content of such websites or for any article contained in or obtained through such websites. Any links to off-site pages or to other websites are set up at your own risk. Any question or remark concerning another website should be sent to the operator of that website.

We are also present on social networks and platforms. On these networks, we communicate with the users active on these networks and platforms. The general conditions and privacy policies of the operators of these networks and platforms apply. Any liability of Sparkle is excluded.

• Various

Sparkle may, from time to time, revise, modify and / or remove any part of the terms of use, at its sole discretion. The most recent version of the conditions of use takes effect as soon as it is published online and is authentic. Any previous version is obsolete.

• Salvation clause

If any part of the terms of use is found to be invalid or unenforceable, it is severed from these terms of use and does not affect the validity and enforceability of the remaining terms.

• Applicable law and place of jurisdiction

These terms of use, as well as your use of the website and any agreement between you and us, are subject to Swiss law.

All disputes which cannot be settled amicably will be brought before the competent courts. The exclusive place of jurisdiction is Morges, subject to recourse to the Federal Court in Lausanne.

Updated November 2022.