Welcome to Running Discount (www.runningdiscount.ch) (the “Website”), a website for selling products managed by Agiplast Sàrl.
1. ACCEPTANCE OF GENERAL TERMS AND CONDITIONS OF USE
1.1 By accessing our Website and by using it regardless of whether or not you become a registered user, you (“you”) acknowledge that you are bound by these general terms and conditions of use (“Terms and Conditions”), which you confirm you have read and understood.
The use of the Website is authorized for private use only. Commercial use, particularly for the purpose of selling to third parties the products purchased through the Website, is prohibited.
1.2 We reserve the right, in our sole discretion, to amend or change these Terms and Conditions at any time. You must consult them regularly at the address [•] in order to take notice of any changes.
1.3 By using the Website, you acknowledge that the mere publication of revised Terms and Conditions on the Website is enough to make any changes or amendments binding on you. Your continued use of the amended Website constitutes your acceptance of any changes.
2. YOUR REGISTRATION OBLIGATIONS
2.1 You need to register in order to make any purchases through the Website. By registering, you represent and warrant that you are authorized to open an account in accordance with these Terms and Conditions and that the information you provide upon registering is correct and does not cause any confusion. An account may only be opened and used by a natural person of legal age under the laws of his/her country of residence, aged eighteen (18) at least.
2.2 You undertake to provide true, accurate, current and complete information about yourself as prompted by the registration form (“registration data”), as well as to maintain and promptly update the registration data so that they remain true, accurate, current and complete. If you provide information which is untrue, inaccurate, outdated or incomplete, or if Agiplast has reasonable cause to suspect you have provided such information, or if it has reason to otherwise consider that you have failed to comply with any provision of these Terms and Conditions, Agiplast has the right to suspend or terminate your account and to refuse permission for any current or future use of the Website (or any part thereof) without the need to justify its decision.
3. ACCOUNT, PASSWORD AND SECURITY
3.1 You are responsible for the quality and the confidentiality of the password chosen upon registering, as well as for any activity generated by your password and your account.
3.2 You undertake to immediately inform Agiplast of any fraudulent use of your password or your account and of any other security breach. Agiplast cannot be held liable for any loss or damage arising from any failure on your part to comply with these Terms and Conditions.
4.1 The Website content is provided to you “as is” and may not be used, duplicated, distributed, transmitted, disseminated, represented, sold, transferred or otherwise exploited for any use other than consultation and use thereof through the Website. For this sole purpose, Agiplast grants you limited, revocable and non-exclusive permission to access the Website and use it for private use, in accordance with these Terms and Conditions.
4.2 You undertake to not violate any legal provisions or to use the Website for illegal purposes; to not use any false, incomplete or inaccurate information; to not install any virus, Trojan horse, worm, time bomb or any other software designed to damage, create a harmful impact, intercept or disrupt any system, data or personal data.
5.1 The sold products are described on the Website at the time of the sale. The product features as well as any photographs are provided for information purposes only. Agiplast does not guarantee the conformity of the product with its description or depiction.
5.2 The products are available on the Website for the time of the sale and depending on available stock.
6. PRICE AND PARTICIPATION IN DELIVERY COSTS
All prices are net in Swiss francs and include VAT . The delivery costs listed under the heading “shopping basket” on the order form are added to the prices shown.
7. CONCLUSION OF THE SALE AND PAYMENT
7.1 By clicking on “validate my order” you consent to the order of the selected items in your shopping basket. The sale contract is validly concluded upon receipt of the order confirmation email.
7.2 The payment is carried out by bank transfert, Paypal and by crédit card via the Sixpayment online portal.
8.1 The products are sold to the delivery address indicated by you in the order process. The withdrawal of products at our head office is not allowed
8.2 The delivery charge amount may vary according to the weight and destination of your parcel. It is subject to your approval before validating each order.
8.3 Subject to any special conditions indicated when the order is validated, the delivery period is estimated at around 3 to 5 buisness days starting from the time of confirmation of the purchase. This delivery period is an estimate and is not binding on Agiplast.
8.4 Agiplast shall not be responsible for any delay or problem during the delivery. The sale is validly carried out and Agiplast is released from any liability when the product is deposited with the postal service or a shipping agent.
9. WARRANTY AND RIGHT TO RETURN
Agiplast provides no warranty or right to return in relation to the sold products. You may enforce your rights directly against the manufacturer if the latter provides a corresponding warranty.
10. COPYRIGHT AND TRADEMARK
The name and the logo Running Discount as well as the Website are, in particular, protected by copyright and trademark laws.
11. MODIFICATIONS OF THE SERVICE
Agiplast reserves the right to, at any time, change or discontinue, temporarily or permanently, the Website (or a part thereof) with or without notice. You acknowledge that Agiplast is not liable to you or any third person in respect of any modification, interruption or discontinuance of the Website or service. Any part of the content may be obsolete at any time and Agiplast has no obligation to bring it up to date.
12.1 Agiplast may in its sole discretion, and without liability to you, with or without cause, and with or without notice, cancel your access to all or part of the Website, at any time, and deactivate or delete any of your accounts, as well as any and all information and inserts in relation to your account and your content.
12.2 You acknowledge and agree that Agiplast may, in its sole discretion, cancel your password, your account (or any part of it) or your use of the Website and withdraw and cancel any product on the Website, for any reason whatsoever, particularly, inter alia, because of insufficient use or if it believes that you have violated any of the provisions of the Terms and Conditions. Agiplast may also in its sole discretion and at any time cease to supply the Website or a part thereof, with or without notice. You acknowledge and agree that any cancellation of your access to the Website pursuant to any provision of these Terms and Conditions may be effected without notice and acknowledge and agree that Agiplast may immediately deactivate or empty your account as well as any and all information in relation to it and/or prohibit subsequent access to such files or to the Website. Furthermore, you acknowledge and agree that Agiplast shall incur no liability to you or to a third party for any cancellation of your access to the Website.
13.1 Your access to and use of the Website is at your sole risk. The Website and its content are provided “as is” and according to availability. Agiplast expressly waives, and you waive, any and all warranties of any nature whatsoever, whether express or implied, including, inter alia, any tacit warranty for fitness for purpose, quality or availability of the sold products.
13.2 Agiplast provides no warranty and makes no representation that (i) the Website and its content will meet your needs, (ii) the operation of the Website will be uninterrupted, punctual, secure or error-free, (iii) the results that may be obtained from the Website will be accurate or reliable, and (iv) any content error will be corrected.
13.3 The downloading or other means of acquisition of any document via use of the Website is done at your sole risk and you will be solely liable for any damage caused to your computer system or for any loss of data resulting from the download of such documents.
13.4 The descriptions and other information displayed on the Website or contained in the Website flows are not intended to constitute reliable advice. No information, whether oral or written, obtained by you from Agiplast or the Website or via the Website will constitute any warranty or other obligation not expressly provided in the Terms and Conditions and Agiplast waives any and all liability arising from any trust placed on such information by a visitor to the Website or by anyone who may be informed of some or all of its contents.
You undertake to indemnify Agiplast, its subsidiaries, its partners and employees, and to exonerate them from any liability, losses, damage, complaints, penalties, fines, costs and expenses, including, but not limited to, reasonable attorney fees that may be incurred in relation to: (i) your use of the Website and your access to the Website, including, but not limited to, any contents, as well as your connection to the Website; or (ii) your non-compliance with any provisionof the Terms and Conditions.
15. LIMITATION ON LIABILITY
You expressly acknowledge and agree that Agiplast will not be liable for any damage, whether direct, or indirect, incidental, special, consequential, or for any exemplary damages, including inter alia, damages for loss of earnings, loss of clients, of enjoyment, of data or of other intangible losses (even if Agiplast was warned of the possibility of such damage) that may result from: (i) the use of the Website or the impossibility to use it, (ii) the cost of the purchase of replacement goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions concluded via the Website or from the Website, (iii) the unauthorized access to your data transfers or their alteration, (iv) any third party representations or conduct on the Website, (v) the results of the Website and of any websites linked to it and any documents disseminated on the latter, (vi) defects in the products purchased or (vii) any other question relating to the Website.
16. EXCLUSIONS AND LIMITATIONS
16.1 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the limitations mentioned in these Terms and Conditions may not apply to you.
16.2 No provision of the Terms and Conditions affects your statutory rights or excludes or limits any liability that may not be excluded or limited under the applicable law.
17. GENERAL INFORMATION
17.1 These Terms and Conditions constitute the entire agreement between you and Agiplast as to their subject matter; they replace and cancel any previous agreements, arrangements and undertakings of any nature between yourself and Agiplast, whether oral or written, with regard to the subject matter. You may be subject to additional terms and conditions of use that may apply if you use the services of affiliated companies, third party content or software.
17.2 If Agiplast does not enforce a right or provision of the Terms and Conditions this shall not constitute a waiver of such right or provision.
17.3 Should any provision of the Terms and Conditions be found to be void, the parties nonetheless agree that their intention, as expressed in the provision, shall be implemented to the extent practicable and that the other provisions of the Terms and Conditions shall remain in full effect. The headings of the articles of the Terms and Conditions are for ease of reference only and have no legal or contractual effect.
17.4 You may not assign or transfer any of your rights or obligations, nor sub-contract the enforcement of any of your obligations under these Terms and Conditions. Agiplast may assign or transfer any right or obligation, or sub-contract the enforcement of any of its obligations under these Terms and Conditions to any third party, at any time, without your consent (such consent is hereby given).
18. JURISDICTION AND APPLICABLE LAW
18.1 The Terms and Conditions and the relations between you and Agiplast will be governed by Swiss substantive law.
18.2 Any dispute in relation to these Terms and Conditions must be settled before the courts of Geneva, Switzerland.
You may contact us at the following address
1. PERSONAL DATA
1.1 When using the Website, personal data may be collected and processed, such as the IP address, the date and hour of access to the Website, the visited URL, the source website, the type of browser and the operating system. Such data may be used to improve our service and to collect statistics.
1.2 If you register with us or contact us, the personal data transmitted will be used to manage your account and process invoices, to correspond with you, to inform you of any special offer likely to interest you, to apply our Terms and Conditions or for any other operation described when the data is collected.
2.1 In order to render the use of the Website more agreeable, cookies or other similar technology are used and are likely to automatically save personal information. They may be used by Agiplast or by other partner companies.
2.2 You have the possibility of deactivating them by selecting the security parameters in your browser. If you do not, you consent to the collection and processing of the gathered data.
3. TRANSMISSION TO THIRD PARTIES
The personal data entrusted to Agiplast, particularly the invoice data, will only be transmitted to Credit Suisse. For any transmission to third parties, Agiplast will request your consent, unless there is a court request, legal obligation or change of company.
4. TRANSMISSION ABROAD
Your data is processed in Switzerland but may also be stored and used in other countries, whereby some of these locations may possibly include countries which do not necessarily guarantee the same degree of data protection as Switzerland. By submitting such data to us you specifically accept such transmission and the consequences thereof.
5. THIRD PARTY SERVICES
6. ACCESS RIGHT
6.1 You are entitled to obtain the information about you. If you wish to obtain such information, please contact us at the address. We will ask you to provide proof of your identity. You may also request that any incorrect information be corrected.
6.2 You may also examine, correct, update or modify your personal information directly by accessing your account
7. CHANGES IN THIS CONFIDENTIALITY POLICY
This confidentiality policy may be changed at any time. Continued use of the Website after such changes are made constitutes your acceptance of them.
8. JURISDICTION AND APPLICABLE LAW
8.1 This confidentiality policy and any questions arising hereunder or in relation hereto will be governed by substantive Swiss law.
8.2 Any dispute in relation to this confidentiality policy must be exclusively brought before the courts of Geneva, Switzerland.