Terms and condition
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Kojiron (“Company”, “we”, “us” or “our”), concerning your access to and use of the www.kojiron.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be found by all these Terms f Use. If you do not agree with all these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.
Supplemental terms and conditions of documents that my be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modification to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after
the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution to or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The site is intended for users who are at least 18 years old. Person unded the age of 18 are
not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all text, photographs and graphics on the Site (the “Content”) and the logos contained therein (the “Marks”) are owned or controlled by us or licensed to us. The Content and Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for nay commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that (1) you have the legal capacity and you agree to comply with these Terms of Use, (2)you are not a minor in the jurisdiction in which you reside, (3) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise, (4)you will not use the Site for any illegal or authorized purpose and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current or incomplete, we have
the right to suspend or terminate you account and refuse any and all current or future use of
the Site (or any portion thereof).
PRODUCTS
WE make every effort to display as accurately as possible the colors, features, specifications and detail of the products available on the Site. However, we do not guarantee that the colors, features specification and details of the products will be accurate, complete, reliable current or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability , and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Pries for all products are subject to change.
PURCHASE AND PAYMENT
We accept the following forms of payment
-Money transfer
You agree to provide current, complete and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update payment information, including email address, payment method, so that we can complete your transaction and contact you as needed. All payments shall be in CHF.
You agree to pay charges at the prices then in effects for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order . We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders places by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement appear to be places by dealers, resellers or distributors.
Return Policy
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorse or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve content from the Site to create or compile, directly or indirectly , a collection, compilation, database or directory without written permission from us.
2. Use a buying agent or purchasing agent to make purchases on the Site
3. use the site to advertise or offer to sell goods and services
4. Engage in unauthorized framing or linking of the Site.
5. Make improper use of our contact information or submit false reports of abuse or misconduct
6. Engage in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots or similar data gathering and extraction tools
7. Attempt to impersonate another person
8. Sell or otherwise transfer your email
9. Use any information obtained from the Site in order to harass, abuse, or harm another person.
10. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
11. Disparage, tarnish or otherwise harm, in our opinion, us and/or the Site
12. Use the Site in a manned inconsistent with any applicable laws and regulations.
USER GENERATED CONTRIBUTIONS
The Site does not offer users to post content. We may provide you with the opportunity to submit content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, comments, suggestions, graphics (collectively “Contributions”).
Contributions may be viewable by other users of the Site and through third party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy.When you create or make available any Contributions, you thereby represent and warrant that :
- The creation, distribtution, trnasimssion, public display or performance and the accessing,
downloading or copying of your Contributions do not and will infringe the proprietary rights,
including but not limited to the copyright patent, trademark, trade secret or moral right of any
third party, - You are the creator and owner of or have the necessary licenses, rights, consents,
releases and permissions to use and to authorize us, the Site, and other users of the Site to
use your Contributions in any manned contemplated by the Site and these terms or Use. - You have the written consent, release and/or permission of each and every identifiable
individual person in your Contributions to use the name or likeness of each and every such
identifiavle individual person to enable inclusion and use of your Contributions in any
manned contemplated by the Site and these Terms of Use. - Your Contributions are not false, inaccurate or misleading
- Your Contributions are not unsolicited or unauthorized advertising, promotionals materials,
pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation. - Your Contributions are not obscene, lewd lascivious filthy, violent harassing libelous,
slanderous or otherwise objectionable (as determined by us). - Your contributions do not ridicule, mock, disparage, intimidate or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms)
any other person and to promote violence against a specific person or class of people. - Your contributions do not violate the privacy or publicity rights of any third party
- Your contributions do not iolate any applicable law, regulation or rule
- Your contributions do not contain any material that solicits personal information from
anyone unde the age of 18 or exploits people uder the age of 18 in a sexual or violent
manner - Your contributions do not violate any applicable law concerning child pornography, or
otherwise intended to protect the health and well-being of minors. - Your contributions do no include any offensive comments that are connected to race,
national origin, gender, sexual preference, or physical handcap. - Your contributions do not otherwise violate or link to material that violated any provision
of there Terms aof Use, or any applicable law or regulation
CONTRIBUTION LICENSE
By submitting suggestions or other feedback regarding the Site, you agree that we can use
and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your contributions. You retain full ownership of all of
your Contributions and any intellectual rights or other proprietary rights associated with your
contributions. We are not liable for any statements or representations in your Contributions
provided by you in any area on the Site. You are solely responsible for your contributions to
the Site and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
GUIDELINES FOR REVIEWS
When submitting a review, you must comply with the following criteria:1.You should have
firsthand experience with the person /entity being reviewed.2, you reviews should not contain
offensive profanity, or abusive, racist, offensive or hate language.3. your reviews should not
contain discriminatory references based on religion, race ,gender, national origin, age, marital
status, sexual orientation or disability.4. Your reviews should not contain references to illegal
activity.5. You should not be affiliated with competitors if posting negative reviews.6. you
should not make any conclusions as to the legality of conduct.7. you may not post any false
or misleading statements.8 you may not organize a campaign encouraging others to post
reviews whether positive or negative.
We may accept, reject or remove reviews in our sole discretion. We have absolutely no
obligation to delete reviews even if anyone considers reviews objectionable or inaccurate. By
posting a review, you hereby grant to us a perpetual, non exclusive worldwide royalty free,
fully paid, assignable and sublicensable right and license to reproduce modify , translate
,transmit by any means display, perform and/or distribute all content relating to reviews.
SITE MANAGEMENT
We reserve the right, but not the obligation to 1 monitor the Site for violations of these terms of Use, 2 take appropriate legal action against anyone who, in our sole discretion violated the laws of these terms of use, including without limitation reporting such used to law enforcement authorities.3 in our sole discretion and without limitation refuse, restrict access to, limit the availability of , or disable (to the extent technologically feasible) any of your Contributions of any portion thereof. 4.In our sole discretion and without limitation, notice or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems and 5 otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of
the Site.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify or remove the contents of the Site at any time or for any reason at out sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of he Content without notice at any time.We will not be liable to you or any third party for any modification, price change suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays and errors. We reserve the right to change, revise, update, suspend, discontinue or otherwise modify the Site at any time of for any reason without notice to you,You agree that we have no liability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these terms of use will be construed to obligate us to maintain and support the Site.
GOVERNING LAW
These conditions are governed by and interpreted following the laws of Switzerland, and the use of the United Nations Convention of Contracts for International Sales of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law in your country of residence, Kojiron and yourself both agree to submit to the non- exclusive jurisdiction of the courts of Aargau, which means that you may make a claim to defend your consumer protection rights in regards to the condition of Use in Switzerland, or in the EU country in which you reside.
Informal Negotiations.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Use brought by either you or us (individually, a “Party” and collectively “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provide below) informally for at least 30 days before initiation arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding arbitration
Any dispute arising from the relationships between the Parties to this contracts shall be determined by one arbitrator who will be chose in accordance with the Arbitration and international Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause contributes acceptance. The seat of Arbitration shall be Baden, Switzerland. The language of the proceedings shall be German or English. Applicable rules of substantive law shall be the law of Switzerland.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, 1. no arbitration shall be joined with any other proceeding. 2. their is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures and 3. there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to informal Negotiation and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration:1 any Disputes seeking to enforce or protect, or concerning the validity of , any of the intellectual property rights of a Party. 2) any Dispute related to, arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use and 3. any claim or injunctive relief. If this provision is found to be illegal or unforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by any court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omission that may relate to the Content, including descriptions, pricing availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to to change or update the information of the Site at any time, without prior notice.
LIMITATIONS OF LIABILITY
In no event will we be liable to you or any third party for any direct, indirect , consequential, exemplary, incidental, special or punitive damages, including lost profit, lost revenue, loss of data or their damages arising from your use of the Site, even if we have been advised of the possibility of such damages Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to 100 CHF. Certain international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you and you may have additional rights.
RETURN POLICY
If you are not completely satisfied wit your purchase for any reason, your may return it to us for a full refund, store credit or exchange. Please see below for more information on our return policy.
Returns
All returns must be postmarked within 7 days of the purchase date. All returned items must be have original tags and labels attached.
Return Process
To return an item, place the item in its original packaging and mail yor return to
Kojiron Yuko Ronda
Stadtbachstrasse 77
5400 Baden
Refunds
After receiving your return and inspecting the condition of your item, we will process your return.
Please allow at least 7 days from the receipt of your item to process your return.
Questions
If you have any questions concerning our return policy, please contact us.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at
kojiron@gmail.com