Terms and Conditions
Last Updated: November 10, 2020
LICENSE AND ACCESS
The Website and any products or services, as well as these Terms and Conditions, are not intended to be accessed by, used by, or targeted to anyone under the age of thirteen (13) years old. You must be at least 13 years old to access and/or utilize the Website. If you are at least 13 years old, but not yet the legal age of majority, then you must review these Terms and Conditions with your parent or guardian, and they must understand and agree to these Terms and Conditions in order for you to access and utilize the Website.
You agree to only access and utilize the Website when it is lawful and safe to do so, in compliance with applicable local laws of the location from which you access and/or utilize the Website.
Miss Swiss grants you a limited, revocable, non-transferrable, and non-exclusive license to access and make personal use of the Website. This license DOES NOT include the rights to: (a) frame or utilize framing techniques to feature or include any portion of the Website; (b) reproduce, publish, distribute, transmit, sell, rent, license, or download the Website or any of its content, except as necessary to view and utilize the Website as described herein, with the exception of creating a hyperlink to the Website or one of its landing pages for personal, non-commercial use only; (c) make any use of the Website other than for personal use; (d) modify, reverse engineer, or create any derivative works based upon any portion of the Website; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any of the content on the Website; (g) publicly display any portion of the Website, including by physical, virtual, or digital means; (h) modify or remove any proprietary notices on the Website, including copyright notices; (i) post, comment, or email content that is obscene, illegal, defamatory, threatening, infringing of intellectual property, invasive of privacy, or injurious to Miss Swiss or third parties; or (j) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on the Website’s infrastructure or servers.
For any post, comment, or email content you submit to Miss Swiss or input on the Website, if any, you represent and warrant that you own or otherwise control all of the rights to such content, use of the content will not violate these Terms and Conditions, and the content will not cause injury to any person or entity. Miss Swiss takes no responsibility and assumes no liability for any content posted by you or any third party on the Website or for any post, comment, or email you submit to Miss Swiss or input on the Website.
In the access or use of the Website, you agree to comply with these Terms and Conditions and any additional warnings or instructions for access or use posted on the Website from time to time by Miss Swiss. You agree to act always in accordance with the law, custom, and in good faith in accessing and/or utilizing the Website. You agree not to modify or alter any portion of the Website or any content or services thereon, and you agree not to impair, hinder, or interrupt for any length of time the integrity or operation of the Website or any of the content or services thereon. Without prejudice to any other remedy provided by applicable law or these Terms and Conditions, if you negligently or willfully violate or breach any of the obligations set forth in these Terms and Conditions, you shall be liable for all the resultant losses, claims, and damages to Miss Swiss and its affiliates.
You are solely responsible for all devices, software, and services needed or used to access or utilize the Website. Miss Swiss does not guarantee that the Website will fully function on any particular device or with any particular software. You are solely responsible for any data charges, fees, and taxes assessed for your access or utilization of the Website.
PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on the Website, and any samples thereof as Miss Swiss may provide to you at its discretion, are for personal use only. You may not sell or resell any of the products or services, or samples thereof you purchase or otherwise receive from Miss Swiss. If you wish to become a Brand Ambassador or Miss Swiss Reseller, you must first contact, obtain authorization, and sign a separate agreement with Miss Swiss. Miss Swiss reserves the right, with or without notice to you, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that Miss Swiss believes, in its sole discretion, may result in the violation by you of these Terms and Conditions.
Miss Swiss describes all qualities and quantities of all products and services on the Website to the best of its ability. To the extent permitted by applicable law, Miss Swiss does not warrant that the product or service quality or quantity descriptions, colors, information, or other content available on the Website are accurate, complete, reliable, current, or error-free. Miss Swiss accepts reasonable requests for requests or exchanges of products purchased directly from or on the Website only. A request for a return or exchange may be granted by Miss Swiss in its sole discretion. Miss Swiss does not grant return or exchange requests for products purchased from third parties. Such requests must be initiated with the seller of the products.
To bring any defect or shipping issues to Miss Swiss, you may email or contact Miss Swiss through the Website or at Customerservice@missswiss.com within seventy-two (72) hours of receiving your order and include a detailed description of the issue, your order number, and a clear photo of the defect or issue. All information received will be reviewed for a refund or exchange to be issued. Miss Swiss is not responsible for any products damaged by you or third parties after delivery of orders.
All information and content available on the Website, including, but not limited to, digital downloads, images, texts, graphics, trademarks, logos, service marks, button or menu icons, audio clips, data compilations, and software (“Content”) are the exclusive property of Miss Swiss, and are protected by United States and international laws, including laws governing copyrights and trademarks, with such copyrights and trademarks owned by Miss Swiss, including all exclusive rights and goodwill therein.
Except as set forth in the License and Access section herein or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, rented, distributed, displayed, or otherwise exploited, in whole or in part, for any purpose without Miss Swiss’s express, prior written consent.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between you and Miss Swiss concerning your use of the Website, and supersede and govern all prior proposals, agreements, or other communications. Miss Swiss reserves the right, in its sole discretion, to change or update these Terms and Conditions at any time. If Miss Swiss makes material changes or updates to these Terms and Conditions, it will notify you by any reasonable means, such as posting the changes or updates on the Website. Any changes or updates are effective immediately. Your continued use of the Website thereafter constitutes your agreement and acceptance of all changed Terms and Conditions. If you do not agree to the changed Terms and Conditions, then you must immediately stop accessing and using the Website. Miss Swiss may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise. Miss Swiss’s failure to enforce any provision of these Terms and Conditions shall not affect its full right to enforce any such provision or other provision hereof at any time thereafter, nor shall its waiver of a breach of any provision hereof be considered to be a waiver of the provision or any other provision. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law, it shall not affect the enforceability or validity of any other provision of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue to be valid and enforceable to their full force and effect.
DISCLAIMER OF WARRANTY
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED OR OFFERED IN THE WEBSITE ARE PROVIDED ON AN "AS-IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MISS SWISS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, MISS SWISS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE THROUGH THE WEBSITE IS ACCURATE, COMPLETE, OR CURRENT, OR THAT ANY PARTICULAR PRODUCT WILL ACHIEVE ANY RESULT OF ANY KIND. PRICE AND AVAILABILITY INFORMATION CONTAINED ON THE WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. MISS SWISS SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS IN POSTING PRODUCT INFORMATION OR PRICES WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED ON THE WEBSITE. ALL MATERIALS AND INFORMATION PRESENTED BY MISS SWISS ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY.
BY USING THE WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD THE MISS SWISS HARMLESS FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, ARISING OUT OF, IN CONNECTION WITH, AND/OR RELATING TO YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS, PROMISES, OBLIGATIONS, OR AGREEMENTS HEREUNDER, YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR ANY LAW, YOUR USE OF THE WEBSITE IN VIOLATION OF THESE TERMS AND CONDITIONS, YOUR USE OR MISUSE OF ANY PRODUCTS PURCHASED FROM OR THROUGH THE WEBSITE, ALL OF YOUR SUBMISSIONS, INFORMATION, OR CONTENT POSTED, SUPPLIED, OR TRANSMITTED THROUGH YOUR COMPUTER OR USER ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, PATENT, PUBLICITY, PRIVACY, OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON, ANY MISREPRESENTATION MADE BY YOU, AND/OR MISS SWISS'S USE OF YOUR INFORMATION. YOU AGREE TO COOPERATE FULLY AS REASONABLY REQUESTED BY MISS SWISS TO ASSIST IN MISS SWISS’S DEFENSE OF ANY CLAIM ARISING OUT OF SUCH ACTIVITIES. MISS SWISS RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM OR OTHER MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF MISS SWISS.
The Website may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services. These third parties may have their separate terms and conditions or privacy policies that you agree to review and understand before using them. Miss Swiss does not endorse and is not associated with any of these third-party services. Miss Swiss does not have any responsibility arising from or related to these third-party websites, materials, content, networks, or other services.
Miss Swiss is not responsible for Miss Swiss’s failure to perform any of its obligations under these Terms and Conditions, including the functionality and operation of the Website, caused by or related to any event beyond Miss Swiss’s reasonable control. If such an event occurs, then Miss Swiss’s obligations under these Terms and Conditions will be suspended for the duration of the event, and Miss Swiss will, but is not required to, use reasonable efforts to find a solution by which its obligations under these Terms and Conditions may be performed despite the event.
CHOICE OF LAW, JURISDICTION, AND VENUE
By visiting the Website, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict laws, will govern these Terms and Conditions, or any dispute of any sort that might arise between you and Miss Swiss hereunder. Any dispute related in any way to your access or utilization of the Website, products you purchase from the Website, services you use on the Website, or information you obtain from the Website or directly from Miss Swiss shall be brought in the Court of Common Pleas of Montgomery County, Pennsylvania, USA or the federal District Court for the Eastern District of Pennsylvania, and you consent to exclusive jurisdiction and venue of such courts.
If you have questions or concerns about these Terms and Conditions, please contact us at https://www.missswiss.com/ or by email at Customerservice@missswiss.com.