Terms of Sale of Le News Sàrl Subscriptions
(Issue Date: 1 June 2014)
1.1 The following words and expressions shall have the following meanings unless the context otherwise requires:
“Contract” means the contract concluded between the Customer and Le News Sàrl in accordance with this clause 2 of these Terms;
“Customer”, “you” or “your” means the entity or individual which has accepted these Terms;
“Le News Sàrl”, “we” or “us” means Le News Sàrl, a company registered in Vaud, Switzerland, with company number CH-5184.108.40.2066-5;
“Order Acceptance” means confirmation by Le News Sàrl in writing (by email) that your order has been accepted;
“Site” means https://www.lenews.ch.
“Subscriptions” mean those subscriptions to Le News Sàrl’ newspaper “Le News Sàrl” ordered by the Customer to be supplied by Le News Sàrl pursuant to these Terms;
“Subscription Fee” has the meaning given to it in clause 3.2 of these Terms;
“Terms of Sale” means these terms of sale of Le News subscriptions;
1.2 In these Terms
1.2.1 words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes the other genders;
1.2.2 headings are for reference only and do not affect the meaning or interpretation of these Terms.
2. Basis of contract
2.1 These Terms shall apply to the sale by us of all Subscriptions purchased by the you via the Site or by post and these Terms shall govern each Contract to the exclusion of any other terms and conditions introduced or submitted by you.
2.2 When you complete the order form on the subscription page of the Site and click “Make Payment”, or you post us details of your order, you are making an offer to take out a Subscription which if accepted by us in accordance with these Terms (“Order Acceptance”), will result in a binding contract.
2.3 Acceptance of the order by us occurs and the Contract shall come into force on the date when we confirm by email that we accept your order made via the Site or received by post and we receive payment of the Subscription Fee, whichever is the later.
2.4 The Contract shall end on the date our obligations regarding the supply of the Subscriptions is completed, unless earlier terminated pursuant to these Terms.
2.5 We will only accept Subscriptions for delivery to an address in Switzerland.
3.1 If placing an order on-line you may pay the Subscription Fee by direct bank transfer to Le News Sàrl’s bank account or by PayPal or by credit card. If you pay by PayPal or credit card your PayPal account or credit card, as the case may be, will be debited with the Subscription Fee when we send you an Order Acceptance unless we notify you otherwise. We shall carry out the necessary card verification processes and check availability of the Subscriptions on receipt of the order from you. In the event that we are unable to accept the Subscriptions for any reason, you shall be informed as soon as possible and will be entitled to a full refund if payment has already been made.
3.2 Subject to clause 3.3 below, the subscription fee to be paid by you is the price displayed on the order form for the Subscription, including any shipping and handling fee and sales tax, if applicable, as set out the order form for the Subscription at the time when the order is received by us (the “Subscription Fee”).
3.3 In the event that we discover an error in the price of the Subscriptions ordered by you, we shall notify you as soon as possible providing you the option of either reconfirming the order at the correct price or cancelling the order. If we are unable to contact you for the purposes of this clause 3.3, the order shall be deemed cancelled and where you have already made payment for the Subscriptions this shall be refunded in full.
3.4 All prices for orders made for delivery to Switzerland are inclusive of VAT.
3.5 The cost of deliverable Subscriptions includes delivery using standard post office delivery, unless otherwise specified in the order form.
4.1 We will deliver the issues of your Subscriptions to the address in Switzerland provided by you when you place your order. Typically, we will commence the Subscriptions with the first available issue following the date of our Order Acceptance. You agree that we will not be responsible for failure to deliver the publication if you have supplied us with an incorrect address. We reserve the right to dispose of incorrectly addressed envelopes and their contents without an obligation to refund you or any other person if they are returned to us and despite efforts to contact you we do not receive correct address details.
4.2 Le News Sàrl’s liability to you in the event of issues of your Subscriptions being lost in the post shall be limited to the replacement of the missing issues of your Subscriptions.
4.3 Le News Sàrl will not be liable to you for any delay in delivery or non-delivery of issues of your Subscriptions where such delay or failure is due to circumstances beyond our reasonable control or the reasonable control of our sub–contractors and agents including, but not restricted to, war, electricity power failure, utilities failure, failure of telecommunications links, failure of transport infrastructure, fire, flood, government act, act of God, legislative constraints, strikes, labour disputes or malicious damage involving employees.
4.4 Notwithstanding clause 4.2 above delivery dates are estimates only and time of delivery is not of the essence.
4.5 The frequency of the publication “Le News” is as stated on the Site or on the order form, if stated otherwise, at the time of the Order Acceptance, with the exception of summer school holidays, Christmas and as notified on the Site from time to time, when there will be a break in publications. If the frequency of the publication “Le News” changes, we reserve the right to adjust the duration of the subscription.
5. Contract cancellation
5.1 You may cancel your Subscriptions at any time during the Subscription by written notice to Le News Sàrl’s Subscription Department, the contact details of which are available on the Contact page of the Site. We will refund you the cost of the issues not yet issued provided that you cancel your Subscription in writing within 14 days of the date of Le News Sàrl’s Order Acceptance. For the avoidance of doubt failure to cancel a Subscription in accordance with this clause 5.1 shall mean no further entitlement to a refund.
5.2 Where a minimum term of 12 months is advertised cancellations are not permitted until the end of this initial period and we will not issue you a refund.
6. Risk and title of Subscriptions
6.1 Risk of damage to or loss of the Subscriptions shall pass to you at the point of delivery to you or on the date of first attempted delivery by Le News Sàrl or its third party suppliers.
6.2 Ownership of the Subscriptions shall pass to you when:
6.2.1 we have received in full and cleared funds all sums due to it in respect of the Subscriptions; and
6.2.2 the Subscriptions have been delivered to you.
7. Warranties and Liability
7.1 The Subscriptions are directed solely at those who access the Site from Switzerland. We make no representation that any Subscription is appropriate for use or available in other locations. Furthermore any Customer accessing the Site from locations outside of Switzerland is responsible for compliance with local laws if and to the extent local laws are applicable.
7.2The liability of Le News Sàrl shall be excluded insofar as is legally admissible and unless otherwise stipulated below.
7.3 To the extent permitted by applicable law, Le News Sàrl excludes liability for damages arising from non-contractual, contractual, fault-free or any other type of liability, regardless of whether the damage is direct, indirect, or incidental, consequential or indirect, of whatever type it is, including damages resulting from lost profits, loss of revenue, loss of opportunity, or demands and claims of third parties, even if Le News Sàrl had the possibility to know, or had grounds to know, of such damages, demands and claims. Le News Sàrl rejects, to the extent permitted by applicable laws, any express, legal or implied guarantee or warranty in relation to the Services.
7.4 Subject to clause 7.3, Le News Sàrl’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event and under each Contract be limited to a sum equal to the amount paid by the Customer for the Subscriptions.
8. Licence and Intellectual Property Rights
8.1 You are permitted to copy extracts from Subscriptions for your own personal use on the following basis:
8.1.1 no documents or related graphics in the Subscriptions are modified in any way;
8.1.2 no graphics in the Subscriptions are used separately from accompanying text; and
8.1.3 Le News Sàrl’s copyright and trade mark notices and this permission notice appear in all copies.
8.2 Unless otherwise stated, the copyright and other intellectual property rights in all material contained on or in the Subscriptions (including without limitation photographs and graphical images) are owned by Le News Sàrl or its licensors. For the purposes of this legal notice, any use of extracts from the Subscriptions other than in accordance with clause 8.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your Subscriptions will automatically terminate and you must immediately destroy any copied extracts.
9. Miscellaneous provisions
9.1 If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these Terms shall not be affected.
9.2 No delay or failure by Le News Sàrl to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Le News Sàrl.
9.3 These Terms including the documents or other sources referred to in these terms and conditions supersede all prior representations undertakings and agreements between the Customer and Le News Sàrl relating to the order of Subscriptions and sets forth the entire agreement between the Customer and Le News Sàrl.
10. Use of Personal Information
10.1 The Customer hereby gives its consent for Le News Sàrl and its third party suppliers involved in the production and distribution of the publication “Le News” to store on its own or external electronic databases and process the Customer’s personal and transactional information (e.g. name, address, e-mail address, credit card details) (“Personal Information”) you supply to us in order to fulfil your Subscription order. On the online order form we will ask you about receiving details of our products and services and/or those of third parties which may be of interest to you. You should tick the relevant boxes to indicate whether or not you wish to receive such information.
10.2 Unless a member of our staff has been fraudulent or grossly negligent, we will not be liable to you for any losses you may suffer as a result of unauthorised access by a third party to the information (including in particular credit card details) you transmit when you place an order. It is your responsibility to ensure the security of your own credit card details to avoid unauthorised use.
11. Applicable law and place of jurisdiction
The Contract shall be governed exclusively by Swiss law. Application of the Vienna Sales Convention (CISG) is expressly excluded. The place of jurisdiction is Geneva.
These general terms and conditions come into force on the “Issue Date” specified above and replace any previous versions.