Terms and Conditions for India.ch
These terms and conditions outline the rules and regulations for the use of India.ch’s website, located at www.india.ch, i.e. owned, developed, managed and maintained by the digital marketing agency, Marketing with Singh.
By accessing this website, we assume you accept these terms and conditions. Do not continue to use India.ch if you do not agree to take all of the terms and conditions stated on this page.
1. Information and Scope of Application
1.1 These Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website, and by using this Website, you expressly accept all terms and conditions contained herein in full. These general terms and conditions also apply to all legal transactions made within the scope of India.ch Vendor programme (hereinafter “vendor programme”). The vendor programme allows selected third-party providers (hereinafter “vendors”) to offer products and services under their own name and sell them to customers via India.ch.
1.2 You must not use this Website if you have any objection to any of these Website Standard Terms and Conditions.
1.3 Deliveries are made exclusively to addresses in Switzerland or Liechtenstein.
1.4 Products are available for as long as they can be found through the search engine in the online shop and/or while stocks last.
1.5 The range of products and services available in the online shop, including the scope of the vendor programme, (hereinafter “offer”) is exclusively intended for customers whose place of residence or place of business is Switzerland or Liechtenstein.
1.6 Orders exceeding conventional household amounts may be rejected without justification.
1.7 India.ch is committed to providing up-to-date and precise information on availability and delivery times in the online shop. However, production and delivery shortages in particular may cause delivery delays for India.ch as well as for vendors. Therefore, all information on availability and delivery times is subject to change.
2. Intellectual Property Rights
2.1 Other than content you own, which you may have opted to include on this Website, under these Terms, India.ch and/or its licensors own all rights to the intellectual property and material contained on this Website, and all such rights are reserved.
2.2 You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
3. Restrictions
3.1 You are expressly and emphatically restricted from all of the following:
- a. Publishing any Website material in any media.
- b. Selling, sublicensing, and/or otherwise commercializing any Website material.
- c. Publicly performing and/or showing any Website material.
- d. Using this Website in any way that is, or may be, damaging to this Website.
- e. Using this Website in any way that impacts user access to this Website.
- f. Using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity.
- g. Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website.
3.2 Certain areas of this Website are restricted from access by you and India.ch may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.
4. Your Content
4.1 In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images, or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant India.ch a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
4.2 Your Content must be your own and must not be infringing on any third party’s rights. India.ch reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
4.3 Images of products in advertising, brochures, the online shop etc. serve illustration services and are non-binding.
5. No warranties
This Website is provided “as is,” with all faults, and India.ch makes no express or implied representations or warranties of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
6. Limitation of liability
In no event shall India.ch and Marketing with Singh, nor employee, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort, or otherwise, and India.ch, including its employee, shall not be liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this Website.
In no event shall India.ch or the vendor be liable for (i) slight negligence, (ii) indirect and consequential damage and subsequent damage and loss of profit, (iii) unrealised savings, or (iv) damage resulting from delivery delay, or (v) any acts and omissions on the part of auxiliary persons of India.ch or the vendor, be this contractual or non-contractual.
Moreover, India.ch or the vendor will not accept any liability in the following cases:
- a) storage, setting or use of products that is improper, unlawful or contrary to contract;
- b) use of incompatible spare parts or accessories (e.g. power supply);
- c) failure to maintain and/or improper modification or repair of the products by our customers or a third party;
- d) force majeure, particularly natural hazards, moisture, shock and impact etc. that are not caused by India.ch or official orders.
7. Contract conclusion
Products and prices stated in the online shop are deemed to constitute offers. However, these offers are always subject to the inability to deliver or incorrect price quotations, both of which lead to contract cancellation.
A contract for products or services from India.ch shall be deemed concluded with India.ch as soon as an order has been placed by the customer in the online shop, by telephone or e-mail (hereinafter referred to as “contract”).
For products and services offered by a vendor, the contract is concluded between the vendor and the customer as soon as an order has been placed by the customer in the online shop, by telephone or e-mail. India.ch only acts as an intermediary for these purchases. India.ch only mediates in the sales and acts as intermediary and service provider for vendors, but does not act as contracting party for the customer.
Customers can see in the online shop and on the invoice who the supplier or rather the contracting party for any purchase is (either India.ch or the vendor).
The receipt of an online order is indicated to the customer by means of an automatically generated order confirmation from India.ch to the e-mail address provided by the customer. The receipt of the automatically generated order confirmation does not constitute a commitment that the product will be delivered. It solely notifies the customer that the placed order was received by the online shop and a contract was therefore concluded with India.ch or the vendor under condition of deliverability and correct price quotation.
8. Delivery date
Together with the order confirmation, the customer is either provided with a provisional delivery date or is contacted so that an individual delivery date can be arranged.
If delivery by India.ch or the vendor is delayed, customers are entitled to withdraw from the contract (with the exception of special orders) as of the 30th from the originally scheduled delivery date. In this instance, India.ch shall refund the customers any payments they have already made. No further claims towards india.ch or the vendor apply.
9. Delivery
Products and services purchased from India.ch or a vendor can only be shipped to a customer and cannot be collected.
The delivery address in Switzerland or Liechtenstein must be easily accessible by truck. If this is not the case, the customer must bear any additional costs.
If the customer chooses the option “delivery to place of use”, it is the customer’s responsibility to ensure the place of use is accessible. The customer must verify that the product fits through any entrances, for instance staircases, doors, etc. If the product cannot be transported to the place of use, the customer shall bear any additional costs.
Should the customer refuse to accept the ordered products on the arranged or provided delivery date, India.ch or the vendor may withdraw from the contract (cancellation) and charge the customer for the delivery costs and any loss of value.
10. Customer obligation to inspect products
Customers are obliged to immediately inspect the delivered or collected products for correctness, completeness and potential transport damage.
If the delivery is carried out by a service partner, the customer must state the defect on the delivery note.
The customer shall inform India.ch of any defects, or false or incomplete deliveries, immediately after detection thereof and within five calendar days after receipt of the delivery/collection at the latest. This also applies to products and services by vendors. The customer is aware that this information needs to be given via e-mail. The customer must retain the product in the condition it was delivered in and may not use it.
11. Indemnification
You hereby indemnify to the fullest extent India.ch from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
12. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
13. Variation of Terms
India.ch is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
14. Assignment
India.ch shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
15. Entire Agreement
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between India.ch and you in relation to your use of this Website and supersede all prior agreements and understandings with respect to the same.
16. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of Switzerland, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Switzerland for the resolution of any disputes.