Conditions d’utilisation
These Terms of Service apply to the use of the VIOLEX online store and to orders placed through it.
VIOLEX is a brand of Tim Banz Concepts. The contractual partner for all orders, purchases and services made through this online store is Tim Banz Concepts.
OVERVIEW
Welcome to VIOLEX.
The terms “we”, “us” and “our” refer to Tim Banz Concepts operating under the brand VIOLEX.
Tim Banz Concepts operates this online store and website, including the related information, content, features, products and services (collectively, the “Services”). The store is powered by Shopify.
These Terms of Service, together with the policies referenced in them, govern your use of the Services and purchases made through the VIOLEX online store.
By using the Services or placing an order, you agree to these Terms of Service and acknowledge our Privacy Policy.
Nothing in these Terms limits any mandatory rights granted to consumers under applicable law.
SECTION 1 – ACCESS AND ACCOUNT
You may use the Services and place orders only if you have the legal capacity to enter into the relevant transaction or have the consent of a legal representative where required by applicable law.
When using the Services, you may be required to provide information including your name, email address, billing details, payment information and shipping address.
You are responsible for ensuring that the information you provide is accurate, current and complete.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity carried out through your account to the extent permitted by applicable law.
You may not sell, transfer or make your account available to another person.
SECTION 1A – MEMBERSHIP ACCESS
Certain areas, benefits, drops, products, content or features of the Services may be available only to members or account holders.
Membership access is personal, free of charge and non-transferable. It may not be sold, shared, assigned or otherwise made available to another person.
You are responsible for keeping your login details, access links, codes, membership card and account credentials confidential and secure. You are also responsible for safely storing and protecting your membership card.
You must not allow another person to use your membership access, membership card or account.
Membership access does not guarantee product availability, early-access availability, successful purchase, allocation of limited products or participation in any specific drop.
All products remain subject to availability, order acceptance and these Terms of Service.
We may suspend, restrict or terminate membership access where we reasonably believe that an account, access link, code, membership card or membership benefit has been shared, transferred, misused, used for resale purposes or otherwise used in violation of these Terms.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to display and describe our products accurately.
However, colors and appearance may vary slightly depending on the screen, device settings, lighting or other technical factors.
Minor variations that do not materially affect the characteristics or quality of the product may occur.
Product descriptions, collections and availability may be updated from time to time.
We may discontinue products or limit purchase quantities, including in connection with limited drops, stock availability, suspected resale activity or other reasonable operational reasons.
Nothing in this Section limits statutory rights relating to defective goods, lack of conformity or inaccurate product descriptions.
SECTION 3 – ORDERS AND CONTRACT FORMATION
By submitting an order, you request to purchase the selected products under these Terms.
After submitting your order, you may receive an automated confirmation acknowledging that we have received it. Unless expressly stated otherwise, such acknowledgement does not necessarily constitute acceptance of the order.
A purchase contract is concluded when we expressly accept the order or dispatch the products, whichever occurs first.
We may refuse or cancel an order before acceptance for legitimate reasons, including:
- insufficient stock
- incorrect pricing or product information
- suspected fraud or unauthorized payment
- technical errors
- shipping restrictions
- suspected commercial resale or misuse of limited-drop purchasing rules
If we cancel an order after payment has been received, any amount charged for the cancelled products will be refunded.
Please check your order carefully before submitting it.
Cancellation requests made before dispatch will be considered where operationally possible. This does not affect any statutory cancellation, withdrawal, return or defect rights that may apply.
Returns, exchanges and withdrawals are governed by our Returns & Right of Withdrawal Policy.
Products are intended primarily for personal use. Commercial resale without our prior authorization may be restricted, particularly for limited-drop products.
SECTION 4 – PRICES, TAXES AND PAYMENT
The applicable product price is the price shown to you in the store and checkout at the time your order is submitted.
Prices may be displayed in different currencies depending on your location or selected market.
Where required by applicable law, taxes included in or added to prices will be displayed accordingly.
Shipping charges will be shown separately before you complete your order.
For international shipments, customs duties, import VAT, customs clearance fees and other import-related charges may be imposed by authorities, postal operators or carriers.
Unless expressly stated otherwise in the checkout, such import charges are not collected by VIOLEX and are the responsibility of the recipient.
Prices, promotions and discounts may change prospectively without notice.
Promotional offers may be subject to additional terms. If specific promotional terms conflict with these Terms regarding that promotion, the specific promotional terms apply.
You agree to provide accurate and current payment and billing information and confirm that you are authorized to use the selected payment method.
SECTION 5 – SHIPPING AND DELIVERY
Shipping options, prices and estimated delivery times available for your order are displayed during checkout.
Delivery times are estimates unless expressly stated otherwise.
Delays may occur because of postal carriers, customs processing, public holidays, incorrect address information, exceptional order volumes or events outside our reasonable control.
If an order is delayed, lost or damaged during transport, please contact us so that we can investigate the matter and provide assistance in accordance with applicable law.
International orders may be subject to customs processing, import VAT, customs duties and carrier handling charges.
Orders shipped outside Switzerland and Liechtenstein may be delivered without the VIOLEX magnetic box. Where applicable, a packaging-related price reduction will be automatically reflected or applied at checkout.
Further information is available in our Shipping Policy.
SECTION 6 – INTELLECTUAL PROPERTY
The Services and their content, including trademarks, logos, names, designs, slogans, text, images, graphics, photographs, video, audio and website design, are owned by or licensed to Tim Banz Concepts and VIOLEX and are protected by applicable intellectual property laws.
The Services are provided for personal and non-commercial use.
Unless permitted by law or expressly authorized by us, you may not reproduce, distribute, modify, republish, commercially exploit or otherwise use protected content from the Services without our prior written consent.
Nothing in these Terms grants you ownership of any intellectual property rights belonging to Tim Banz Concepts, VIOLEX, Shopify or any third party.
VIOLEX names, logos, designs and slogans may not be used without prior permission.
SECTION 7 – OPTIONAL THIRD-PARTY TOOLS
The Services may provide access to tools or functions operated by third parties.
Where a third-party service is provided directly by another provider, its own terms and privacy practices may apply.
We are not responsible for third-party services to the extent that they are outside our reasonable control.
Nothing in this Section excludes liability or consumer rights that cannot legally be excluded.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to websites or services operated by third parties.
We do not control third-party websites and are not responsible for their content, availability or practices.
Before making a transaction with a third party, you should review its applicable terms and privacy policies.
Nothing in this Section limits rights that cannot be excluded under applicable law.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
The VIOLEX online store is hosted and powered by Shopify.
Shopify provides the technical e-commerce platform used to operate the store.
Sales made through the VIOLEX store are entered into with Tim Banz Concepts, not Shopify.
Nothing in these Terms excludes any rights or claims against Shopify or another party where such exclusion would not be permitted by applicable law.
SECTION 10 – PRIVACY
Personal information processed through the Services is handled in accordance with our Privacy Policy.
Because the online store is hosted by Shopify and uses third-party service providers, personal information may also be processed by Shopify and other providers necessary to operate the store, process payments, fulfil orders, provide customer support and perform related services.
Please review our Privacy Policy for further information regarding data processing, recipients, international transfers and your applicable rights.
Shopify's own privacy information may also apply to its processing activities.
SECTION 11 – FEEDBACK AND USER CONTENT
If you voluntarily submit reviews, feedback, photographs, suggestions or other content to us, you confirm that you have the necessary rights to submit that content.
To the extent necessary for the purpose for which the content was submitted, you grant us a non-exclusive, worldwide, royalty-free right to use, reproduce, display and communicate that content, including for operating and promoting VIOLEX.
We may remove content that is unlawful, misleading, offensive, defamatory, infringing or otherwise violates these Terms.
You remain responsible for the content you submit.
Nothing in this Section transfers ownership of your content to us.
SECTION 12 – ERRORS AND INACCURACIES
Despite reasonable care, the Services may occasionally contain typographical errors, incorrect prices, inaccurate product information or technical errors.
We may correct such errors when discovered.
If a material error affects an order that has not yet been accepted, we may refuse or cancel that order and notify you.
If payment has already been collected for an order that is cancelled, the relevant payment will be refunded.
Once a binding purchase contract has been concluded, nothing in this Section removes rights that you have under applicable law.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes.
You must not use the Services to:
- violate applicable laws or third-party rights
- infringe intellectual property rights
- transmit malware or malicious code
- commit fraud or provide deliberately misleading information
- interfere with the security or operation of the Services
- unlawfully collect personal information
- send spam, phishing messages or other unauthorized communications
- impersonate another person
- bypass purchase, access or security restrictions
- scrape, reproduce or commercially exploit the Services without authorization
We may restrict access where reasonably necessary to protect the Services, our customers, our rights or third parties.
SECTION 14 – AGENTS AND AUTOMATED SYSTEMS
For the purposes of this Section, an “Agent” means software or a service capable of taking autonomous or semi-autonomous actions on behalf of a person or entity.
Agents and automated systems must not:
- conceal that they are automated
- circumvent CAPTCHAs, access controls or security measures
- bypass purchasing or quantity restrictions
- scrape or extract protected content without authorization
- interfere with the operation of the Services
Where technically required, automated systems must accurately identify themselves.
We may technically restrict or block automated access where reasonably necessary to protect the Services, customers, inventory, security or intellectual property.
SECTION 15 – SUSPENSION AND TERMINATION
We may suspend or restrict access to an account or to parts of the Services where reasonably necessary because of:
- a breach of these Terms
- suspected fraud
- misuse of membership benefits
- security risks
- illegal activity
- attempts to circumvent purchase or access restrictions
Where appropriate and reasonably possible, we may provide notice.
Suspension or termination of website or membership access does not affect existing purchase contracts or statutory consumer rights.
SECTION 16 – SERVICE AVAILABILITY AND STATUTORY PRODUCT RIGHTS
We aim to keep the Services accurate, secure and available but cannot guarantee that the website will always operate uninterrupted or without technical errors.
Website information of a general nature is provided for informational purposes.
However, nothing in these Terms excludes or restricts statutory rights relating to products purchased from us.
Consumers retain all mandatory rights relating to product conformity, defects, warranties, repair, replacement, price reduction, refund or other remedies provided by applicable law.
Any limitations in these Terms apply only to the extent permitted by applicable law.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Tim Banz Concepts is not liable for indirect or consequential losses that were not reasonably foreseeable at the time the relevant contract was concluded.
Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law.
In particular, nothing in these Terms excludes or limits liability for:
- intentional misconduct
- gross negligence where liability cannot legally be excluded
- death or personal injury where legally applicable
- mandatory product liability
- fraud
- mandatory consumer rights
- statutory rights relating to defective or non-conforming goods
SECTION 18 – RESPONSIBILITY FOR UNLAWFUL USE
You are responsible for losses or third-party claims caused by your unlawful use of the Services or your intentional violation of third-party rights, but only to the extent that you are legally responsible for such losses or claims.
Nothing in this Section creates liability beyond what is permitted under applicable law.
SECTION 19 – SEVERABILITY
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will apply only to the extent permitted by law or, where necessary, be severed.
The remaining provisions will continue to apply unless the contract cannot reasonably continue without the affected provision.
SECTION 20 – ENTIRE AGREEMENT AND WAIVER
A failure or delay by either party to exercise a right under these Terms does not constitute a waiver of that right.
These Terms, together with the policies and information expressly incorporated into them, form the contractual framework governing the use of the Services and orders placed through the store.
Nothing in this Section excludes mandatory pre-contractual information, representations or consumer rights that apply by law.
SECTION 21 – ASSIGNMENT
You may not transfer rights or obligations under these Terms where doing so would require our consent under applicable law.
We may transfer our rights or obligations to another business as part of a restructuring, transfer of business or similar transaction, provided that doing so does not reduce mandatory rights available to consumers.
Where notification or consent is required by law, the applicable requirements will be followed.
SECTION 22 – GOVERNING LAW AND JURISDICTION
These Terms and contracts concluded through the VIOLEX online store are governed by the laws of Switzerland, subject to mandatory rules that apply to consumers.
If you are a consumer, this choice of law does not deprive you of mandatory consumer protections that may apply to you under the laws of your country of habitual residence.
Any mandatory rules concerning jurisdiction and the consumer's right to bring proceedings before competent courts remain unaffected.
To the extent legally permitted, the competent courts at the registered seat or place of business of Tim Banz Concepts shall have jurisdiction.
SECTION 23 – HEADINGS
Section headings are included for convenience and do not affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business operations or applicable law.
The version applicable to an order is generally the version in effect when the order is placed.
Changes will not retroactively reduce rights arising from an already concluded purchase contract unless permitted or required by applicable law.
Material changes affecting ongoing Services or memberships will be communicated where required by applicable law.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
VIOLEX
A brand of Tim Banz Concepts
Wichlernweg 10
6010 Kriens
Switzerland
Email: legal@violexclo.com
Phone: +41 76 767 27 53
Commercial Register No.: CH-100.1.820.091-3
Business Identification Number (UID): CHE-362.899.386