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Terms and Conditions

THORBURG CORPORATION (also THORBURG AKTIENGESELLSCHFAT, «we», «us») operates and as well as other websites (hereinafter referred to as «Website» or «Websites»).

These Terms and Conditions (also “Terms of Use” or hereafter “Terms”) are a translation of the original German version. If there is any conflict the German version shall prevail.

User Information. Without your consent, we never share your personal information with anyone. Other than personally identifiable information, which is subject to this Website’s Privacy Policy, any other information such as suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Website in any manner (“User Communications”) is and will not be considered personal, confidential or proprietary. We may use any or all User Communications without limitation.

Purchase. If you wish to purchase any product or service made available through the Website, you may be asked to supply certain information relevant to your transaction including, without limitation, payment information such as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping charges. You remain responsible for any fees and taxes that may be applicable to your Transactions.

By displaying products on our website, we invite you to submit an offer. By clicking “Place Order”, you send us a binding offer.

After order placement, a confirmation email is sent to you. This does not yet constitute acceptance of your submitted offer.

The purchasing contract between you and us is finalized, once the products are sent to you i.e. handed over to the carrier. The products are dispatched only after receipt of buyer’s payment, irrespective of the payment method used.

Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. All product descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and monitor and we cannot guarantee that it will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Website .

Eligibility to Order/Purchase. In order to place an order on this Website, you must: (i) be 18 years of age or older (if you are under 18, you may place an order only with involvement of a parent or guardian), and (ii) be of legal drinking age in your jurisdiction (if you order products containing alcohol), and (iii) be a consumer, not a reseller (Resellers must identify themselves as such before purchase).

Shipping Limitations. When an order is placed, it will be shipped to an address designated by you, the purchaser, as long as that shipping address is compliant with the shipping policy and restrictions contained on this Website. The rules of the shipping policy apply to your order. Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments (shipments are insured).

Defects. You must inspect the goods immediately upon receipt. Within 4 working days, we shall be notified in writing of any discrepancies regarding delivered versus ordered products and any material defects. After expiry of this notice period, the delivered products are deemed to have been approved (Art. 201 OR).

Transport related issues are not covered by this provision. Risk and title pass to the buyer at the time of dispatch to the carrier. Any damages to the product must therefore be notified to the carrier immediately to be able to claim insurance benefits.

Return, Reimbursement and Exchange. After review of the defect through seller, defective products may be exchanged through seller. In order to process the exchange, buyer must submit a picture of the defect as well as the order confirmation.

If we agree to a return and reimbursement, the buyer must return the product within 10 days after our decision to the address as notified by us. We shall, after receipt of the products, credit the payment method used with the corresponding amount within four weeks.

At our discretion, a refund may be issued without requiring a return. In this situation, you keep title to the refunded item.

Prices. The prices listed on the Website are inclusive of value-added tax (where applicable, rules may differ for resellers/wholesale customers).

Rewards. Rewards (coupons, gift cards, vouchers, discounts, etc.) cannot be exchanged for cash and are limited to stated expiry date, at the most 1 year after issue. Other limitations may apply as stated. Lost, stolen or otherwise compromised Rewards cannot be replaced. Risk and title are transferred once issued.

Guarantee. We provide our services via internet and/or through communication networks. Because used technology is prone to errors and interruptions in service, we cannot guarantee that our services will be available at all times or without errors.

Liability. We explicitly exclude any liability for minor negligence and indirect or consequential damages resulting from our products or services.

Please note that you are responsible for any damages resulting from the unauthorised use or misuse of your password and/or account. Please keep your password and account information confidential.

Intellectual Property. The Website and the entire content accessible via this Website are protected by copyright laws and, absent indication to the contrary, are proprietary. Reproduction, distribution, transmission of content (in whole or in part, electronically or by any other means), modification, linking or any other commercial use without prior consent in writing is prohibited.

Invalid or unenforceable provisions. If one or several provisions of these Terms are or become invalid or unenforceable in whole or in part, this shall not affect the validity or enforceability of the other provisions of these Terms or the purchase. In such case, the parties will replace the invalid or unenforceable provision by a provision that is valid and enforceable.

Choice of Law. All services are provided by THORBURG CORPORATION a Swiss company. The services offered are not intended to subject THORBURG CORPORATION to the laws or jurisdiction of any state, country or territory other than that of Switzerland. THORBURG CORPORATION does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than Switzerland. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed exclusively by and construed in accordance with the laws of Switzerland, without giving effect to any principles of conflicts of laws and the provisions of the UN law on the sale of goods (CISG). .

Revisions to these Terms and Conditions. We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact Customer Service.