Terms & Conditions
TERMS OF SALE
THESE TERMS OF SALE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.
YOU ARE REQUIRED TO ACCEPT THESE TERMS PRIOR TO PLACING ANY ORDER ON THIS WEBSITE, AND BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU ARE BOUND BY THESE TERMS.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ IT CAREFULLY.
Acceptance: When prompted on the Site, Customer must check the appropriate box to accept the Terms before the purchase of a Product. If Customer does not indicate its acceptance of such Terms by checking the appropriate box, Customer will not be able to purchase a Product. All purchases of Products from Seller are subject to Customer’s acceptance of these Terms.
Limitation of Liability: THE REMEDIES DESCRIBED IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES AGAINST SELLER. SELLER WILL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO A PRODUCT, THESE TERMS OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. EXCEPT IN THE CASE OF ANY GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT BY SELLER, IN NO EVENT WILL ANY LIABILITY OF SELLER WITH RESPECT TO PRODUCT, THESE TERMS OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY CUSTOMER OR (B) THE ACTUAL AMOUNT PAID BY CUSTOMER TO SELLER FOR A PRODUCT (NOT INCLUDING ANY CHARGES FOR SHIPPING). THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY SELLER, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Severability: Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of these Terms, being prohibited or invalid.
Governing Law: All matters arising out of or related to these Terms are governed by and construed in accordance with the internal laws of the State of North Carolina, without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of North Carolina.
- YOU AND THE Swiss made Brands USA., Inc. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.
- ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND SELLER ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 14. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Seller will be responsible for the AAA filing fee of any such proceeding.
- The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
- If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small claims court rather than arbitration, if you provide Seller with written notice of your intention to do so within 60 days of your purchase. The small claims court proceeding will be limited solely to your individual dispute or controversy.
- You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR Swiss made brands USA., Inc. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
- The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
- If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Notices: Customer must send all notices to Seller relating to a Product or these Terms to email@example.com Any such notice will be effective upon actual receipt by Seller. Seller may send notices to Customer through e-mail, regular mail or a general posting on the Site. Any such notice will be effective (a) immediately upon Seller’s sending such notice to the address it has in its records for Customer in the case of e-mail, (b) five days after Seller’s sending such notice to the address it has in its records for Customer in the case of regular mail, and (c) immediately upon Customer’s entering the Site after such notice is posted on the Site.
Waivers: No failure of Seller to exercise, and no delay by Seller in exercising, any right or remedy under these Terms shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in a writing signed by Seller, and specifically referring to each such right or remedy being waived.
Third-Party Beneficiaries: There are no third-party beneficiaries of these Terms, and no provision of these Terms can be enforced or relied upon by any third party.
Information warranty: The materials on this and affiliated websites operated by Swiss Made Brands USA Inc., is intended for informational and entertainment purposes only. Swiss Made Brands USA Inc., partners, or authors do not assume liability for the use or interpretation of information contained herein, Swiss Made Brands USA Inc. is not liable for any direct, indirect, incidental, consequential or punitive damages arising from your use of this web site.
The information contained herein is provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, including merchantability, fitness for a particular purpose, or that these associated websites or the server that supplies them are free of viruses or other harmful elements.
Copyright: The Swiss Made Brands USA Inc. web site, the Swiss Made Brands USA Inc. name and trademark, and Swiss Diamond’s product names and packaging are protected from unauthorized use by the copyright and trademark laws. You are not granted any right to use, and cannot use, any of Swiss Made Brands USA Inc.‘s copyrights and trademarks. No part of this web site, including, without limitation, the text, designs, graphics, photographs and images, may be copied, republished, reproduced, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any electronically or mechanically way for any non-personal, public or commercial purpose without the prior written approval of Swiss Made Brands USA Inc..
Any data or materials you send to Swiss Made Brands USA Inc. by electronic mail or other means will be treated as non-proprietary and non-confidential material, unless approved in writing differently by Swiss Made Brands USA Inc.. Swiss Made Brands USA Inc. and their partners are free to use, publish, display, post, distribute any ideas, suggestions, concepts, designs, know-how and other sent information for any purpose, including, but not limited to, developing, producing, advertising and marketing Swiss Made Brands USA Inc. and its products. Swiss Made Brands USA Inc. uses reasonable efforts to include only accurate and up-to-date information on this web site. However, Swiss Made Brands USA Inc. makes no representations or warranties concerning such information and assumes no liability for errors or omissions in this web site or any other printed marketing material. Swiss Made Brands USA Inc. reserves the right to change the information included in this web site, without prior notice. Swiss Made Brands USA Inc. is not responsible for the content of any other web site, including any web sites linked to Swiss Made Brands USA Inc.‘s web sites. We may use the information you provide in aggregate form for internal business purposes, such as generating statistics and developing marketing plans. We will not sell or rent your personally identifiable information to third parties without your consent. We may collect, store or accumulate certain non-personally or personally identifiable information concerning your use of this Website, such as information regarding which of our pages are most popular. We may share or transfer such non-personally identifiable information with or to our affiliates, licensees and partners.
Trademark: The Swiss Made Brands USA Inc. web site, the Swiss Made Brands USA Inc. name and trademark, and Swiss Diamond’s product names and packaging are protected from unauthorized use by copyright and trademark laws. Your use of this website does not in any way grant you the right to use any of Swiss Made Brands USA Inc.’s copyrights and/or trademarks. No part of this web site, including, without limitation, the text, designs, graphics, photographs and images, may be copied, republished, reproduced, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any electronically or mechanically way for any non-personal, public or commercial purpose without the prior written approval of Swiss Made Brands USA Inc..
Sales & Promotions: Swiss Diamond is happy to be able to offer you sales and promotions from time to time, and we understand that sometimes they are ill-timed compared to when you may have placed your order. Therefore, any order the you place we have a price guarantee in place for seven (7) days. This means that if you place an order and our prices change within 7 days of the purchase, you can contact us and we will refund the difference. You must contact us within seven (7) days of the price change.
Sending a gift and/or to a different address: Swiss Diamond knows the importance of a good gift, and the ability to send it without the recipient knowing it is coming. However, we also highly value our customer’s security. For this reason we will need to voice verify every order that is sent to a different address than the billing address on the card used. We will call you as soon as we can, many times within just a few minutes of your order being placed, to verify your order. Your order will not ship until we have verified some information about your order. If you would like to take care of this before placing your order, please contact us at (980) 224-9044 and we can process your order over the phone. Also if you are placing an order via PayPal, your order will ship right away as PayPal will verify all information
Swiss Diamond SMS Short Code Terms of Service
- When you opt-in to the service, we will send you an SMS message to confirm your signup.
- This service is used to send you notifications about new recipes, new sales, or exclusives
- You can cancel this service at any time. Just text “STOP”. After you send the message “STOP” to us, we will send you a reply message to confirm that you have been unsubscribed. After this, you will no longer receive messages from us. If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
- If at any time you forget what keywords are supported, just text “HELP”. After you send the message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
- We can deliver messages to the following mobile phone carriers:
Major Carriers: AT&T, Verizon Wireless, Sprint, T-Mobile
Minor Carriers: U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation),Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- As always, Message and Data Rates May Apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to your company’s support email address.