1. SCOPE OF APPLICATION
These Terms of Use (“Terms of Use”) govern the legal framework for the use
of the website
http://www.velo.com/ch (hereinafter
referred to as “Website"). The Website is operated by British American
Tobacco Switzerland SA, Route de France 17, 2926 Boncourt (hereinafter
"BAT" or "we" or "us").
By accessing the Website, users accept the current version of these Terms
of Use. BAT reserves the right to amend these Terms of Use at any time and
without prior notice. The latest version of these Terms of Use shall apply
exclusively.
In the event of any differences between the German, French and English
versions of the Terms of Use, the English version will take precedence.
2. ACCESS AND PASSWORD
This Website, including all functionalities implemented therein, are
intended exclusively for tobacco and/ or nicotine consumers over 18 years
residing in Switzerland at the time of registration, for the purchase of
nicotine products for their personal use.
Furthermore, the location of your device from which you access the Website
is checked by means of the IP address. Only access from a location in
Switzerland is granted.
You must register to use this Website. To register for the Website and
create a user account, users must prove their identity, age and place of
residence. In addition, you must choose a username and password, which are
intended exclusively for your personal use. You must not disclose this
security information to third parties. This measure is designed to avoid
any use by unauthorized third parties.
As a user of this Website, you are required to take the necessary steps to
ensure that your username and password are not disclosed and securely
stored. You must notify us immediately (see section 8 below for contact
details) if you have reason to believe that (i) someone has found out your
password and/or username or (ii) there is a risk that your username and
password may be used without authorization. You are liable for all actions
and/or omissions that may be performed using your username and password
fraudulently. We are not in any way liable for damage resulting from the
disclosure of your password and/or username to third parties.
The personal data you are requested to forward during the registration
process must be true and accurate. The email address provided by you when
registering must be unique and may only be used by one user. If you try to
register on the Website multiple times, a block on registrations will be
placed. Depending on the identity check method chosen by you when opening
the user account, there will be a facial analysis and data connected to
this facial analysis will be processed by our third-party service
provider. In case of an ID check, the information contained in your ID as
well as a selfie of you will be processed by our third-party service
provider.
Providing incorrect personal data when registering or attempting to create
multiple user accounts may result in the immediate deletion of the user
account and exclusion from using the Website. Users participating in
promotions on the Website at the time will be excluded from them
immediately.
Your user account only permits the use of this Website and the
functionalities implemented therein, for private, non-commercial purposes.
You may not commercialize it or use it in connection with any occupation,
trade, or profession without BAT prior written consent.
We reserve the right to delete your registration and hence to close your
user account at any time and without prior information if you should
infringe any obligations set forth in these Terms of Use or any of the
applicable Terms and Conditions, such as the Terms and Conditions for
Sale.
3. ABSENCE OF GUARANTEE
This Website, and their contents are provided "as is" and "as available".
Any information regarding the products offered on the Website is not
binding and does not constitute a representation or a warranty of any
kind.
We are exempt from liability and may not be held to be answerable under
guarantee, to the maximum extent permitted by the applicable law, in
respect of (i) the correct operation of the Website, (ii) the possibility
of accessing and using the Website, (iii) the comprehensive, accurate and
up-to-date nature of the content, information and data displayed on the
Website, (iv) the absence of faults in the Website or the content thereof,
and in particular the absence of viruses or other malware, and (v) the
absence of specific qualities that might be expected in relation to this
Website or the associated contents. If you access this Website and use or
download content, you do so of your own free will and at your own risk.
Therefore, if this results in a loss of data or damage to your IT system,
we will not be liable.
BAT reserves the right to change or delete the content of the Website or
to add new content at any time and without prior notice.
4. EXCLUSION OF LIABILITY/INDEMNIFICATION
BAT and any of its affiliated companies are exempt from liability, to the
maximum extent permitted by the applicable laws, for any damage, including
lost profit, loss of data, business interruption or any other damage of
any kind whatsoever, that could result from use of this Website or the
associated contents, and in particular from the use of documents and/or
applications on the Website, or that could result from an inability to use
those documents and/or applications, participation in any competitions or
promotions and/or the purchase or sending of any item or product relating
to this Website.
You are, in particular, responsible for updating your address in the event
of changes. BAT excludes any liability for delivery issues caused by
wrongly indicated addresses.
We further exclude any liability for acts conducted by auxiliary persons
in the sense of the Swiss Code of Obligations art 101.
You undertake to indemnify, defend, and hold BAT harmless against any
claims of third parties for any damages resulting from your unlawful use
of the Website and the unlawful purchase of products on the Website,
including the unlawful resale of any products.
5. INTELLECTUAL PROPERTY RIGHTS
The use of this Website does not mean that you are granted license rights
regarding the intellectual property rights relating to the content of this
Website.
This Website and all associated contents (in particular the software,
files, designs, graphics and data) are and remain the property of BAT and
are protected by the laws on intellectual property, including copyrights
and trademarks. Any unauthorized use of this Website, and in particular
(i) the use of this Website or the associated content for professional or
commercial purposes of any nature whatsoever and (ii) the reproduction,
representation, sharing, communication, market release, distribution,
modification, or awarding of a license, the sale or any other use of any
nature whatsoever, of this Website of the associated content, text,
portions of a text or still or moving images, audio data, software,
products or services, or other data or information is expressly prohibited
without BAT prior written agreement. Prohibited in particular are such
methods as Framing and Inline linking of this Website and content. You
shall not use any of the BAT's Trademarks, in particular any trademarks
displayed on the Website, in any way which might prejudice their
distinctiveness or validity or the goodwill of BAT or any of its
affiliates, nor you shall use in Switzerland and/or Liechtenstein any
trademarks or trade names so resembling any of the BAT’s trademarks or
trade names of BAT and/or its affiliates to be likely to cause confusion
or deception.
6. LINKS
This Website may contain links to websites and other online services (e.g.
apps) of third parties over whose content BAT has no or only partial
influence. The providers or operators of such websites and online services
are solely responsible for their content. The use of such websites and
online services is at your sole risk and in accordance with the terms of
use or privacy policies of the provider or operator. BAT assumes no
liability for the content and processing of the personal data of users
over whom BAT has no control or for the use of such websites and online
services.
7. PROTECTION OF DATA
Information regarding the collection and processing of your personal data
submitted and collected in the course of your access to and use of this
Website can be found in the separate
Data Privacy Policy.
8. HOW TO CONTACT US
You can send us any questions you may have in relation to our Terms of
Use, Terms and Conditions of Sale or our Data Privacy Policy by writing to
us by e-mail at info.ch@velo.com or
write to us by post to Av. de Rhodanie 48, CH - 1007 Lausanne.
9. APPLICABLE LAW AND JURISDICTION
These Terms of Use shall be governed by and construed in accordance with
Swiss law, the application of the United Nations Convention on Contracts
for the International Sale of Goods being expressly excluded. The place of
jurisdiction is the user's place of residence, which must be in
Switzerland.
10. MODIFICATIONS AND UPDATES
BAT reserves the right to change, modify, or alter the terms of these
Terms of Use. If you continue to access our Website after any amendments
to our most up-to-date version of these Terms of Use, it signifies your
acceptance of the revised terms.
