GENERAL CONDITIONS OF USE

TERMS & Conditions OF SERVICES

1. OBJECT

These general conditions of use govern the use of the site www.stirlingsa.ch

The publisher of this site is Stirling SA located at 1201 Geneva rue de Cornavin 3, Switzerland.

These general conditions apply to the entire Site, for all the products and services offered therein and may be supplemented by special general conditions specific to certain Services and Products. In such a case, the special general conditions will be found directly on the contract or mandate page in connection with the specific Services or Products. If any special general conditions contradict these T&Cs, the special general conditions prevail.

2. DEFINITIONS

Site: the website www.stirlingsa.ch

Content: any information, data, text, software, music, photography, graphics, image, video, message or any data found on the Site

Publisher: the publisher of the Site

General Conditions of Use or GCU: these general conditions, applicable for the use of the Site

User: Site user

Service: all the services of the Site

3. ACCEPTANCE OF THE T&Cs

The User agrees to be bound by the T&Cs in their entirety when using the Site. If the User does not intend to be bound by them, the User is required to leave the Site immediately.

4. MODIFICATION OF T&Cs

The T&Cs may be modified at any time by the Site, at its sole discretion. It is the User’s responsibility to check the new content of these each time he or she visits the Site.

5. USE OF THE SITE

The Site is a site for the information and marketing of Stirling Services and Products, comprising various editorial contributions from the publisher of the Site.

The User agrees to use the Content only for lawful purposes, in compliance with Swiss law in force or any law that would apply to him or her, as well as in accordance with the T&Cs. The User will be held responsible for any violation.

6. CONTENT

Despite the care taken in the marketing work carried out, the Site cannot guarantee the accuracy of the information contained therein.

Consequently, subject to any provision resulting from mandatory legal provisions of Swiss law, the Site cannot be held responsible for any errors, omissions, inaccuracies or any damage, direct or indirect, of any nature whatsoever, resulting from the consultation and / or use of the Site.

7. INTELLECTUAL PROPERTY

The Site is the exclusive owner of all intellectual property rights both on the structure of the Site and on its Content.

All Content reproduced on the Site is protected by intellectual property rights and is the exclusive property of the Site or its partners.

Consequently, any reproduction, representation, adaptation, modification, translation, transformation, distribution, integration into another site (framing), commercial exploitation and / or reuse in any way whatsoever of the Content is strictly prohibited without the prior written authorization of the Stirling SA company.

Consulting and using the Site does not confer any intellectual property rights on the user over any element reproduced on the Site.

Any use contrary to law or to the T&Cs may give rise to civil and / or criminal legal proceedings and the payment of damages.

8. HYPERTEXT LINKS

The Site may contain hypertext links to other websites. The User visits these sites under his or her sole and entire responsibility.

The Site can in no way be held responsible for the content of these third-party sites, in the event that a User suffers damage as a result.

9. DATA PROTECTION

The Site is committed to protecting User data. The Site and its partners take all precautions against data theft and malicious intrusions on the servers used. The data that we delete is immediately and permanently deleted from the servers, we do not keep any record of it and we do not resell any data to third parties.

10. RESPONSIBILITY

Use of the Site is made under the sole and entire responsibility of the User.

Consequently, the Site can in no way be held responsible in the event of damage, direct or indirect, of any nature whatsoever, in particular loss of earnings, loss of profits, loss of customers, data, material goods or immaterial that may result from the use or the impossibility of use of the Site.

More particularly, the Site declines any responsibility concerning the operation of software or the transmission of any data or information on the Internet, or in the event of a computer attack which would cause damage to a User or to a third party.

The Site is in principle accessible at any time. However, the Site declines all responsibility in the event of technical impossibility of connection, whether due to a case of force majeure, to a maintenance operation, to an editorial update, network interruption or failure, power cut, electricity failure, bad configuration or improper use of the User’s computer, or any other cause depending or not on the will of the Site.

Any material that would be downloaded by a User in the context of the use of the Services is at the risk and peril of the User, the Site declines all responsibility with regard to any damage or loss of data suffered by the User thereby.

The Site takes all measures to prevent malicious programs or viruses from being found on its Site. However, the Site cannot guarantee that it is free from any malicious program or virus. The Site cannot be held responsible in the event of virus contamination of the User’s computer equipment, for whom it is the responsibility of taking all the necessary preventive measures.

The Site reserves the right, at any time and without notice, to temporarily or permanently interrupt all or part of the Site, without this interruption giving the right to any compensation or recourse from a User or a third party.

11. APPLICABLE LAW AND FORUM

The T&Cs are subject to Swiss law.

The exclusive place of jurisdiction is Geneva, Switzerland. The provisions relating to the user’s forum remain reserved.

12. DAMAGES POLICY

We also disclaim any guarantee or liability for damages of any kind for which you, or the persons you have appointed, are responsible, regardless of the legal relationship between you. This concerns in particular the installation, commissioning or non-compliant maintenance, interventions, modifications or damaging repairs not carried out by us or those of an affiliated partner, incorrect use or non-compliant operation, opening the device, etc.

The warranty obligation does not apply to damage due to transport, nor all other damage occurring after the risk transfer phase, nor to damage resulting from improper packaging. Any liability is also excluded.

The replacement guarantee also does not cover minor defects which have no effect on the intended use of the Product.