Terms of service
Overview
Welcome to Chiaro Zurich! The terms “we,” “us,” and “our” refer to Chiaro Zurich. Chiaro Zurich operates this shop and website, including all associated information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Chiaro Zurich is powered by Shopify, enabling us to provide you with the Services.
The following Terms and Conditions, together with the policies referenced herein (these “Terms and Conditions” or “Terms”), outline your rights and obligations when using the Services.
Please read these Terms and Conditions carefully, as they contain important information about your legal rights and address topics such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, you may not use or access our Services.
1. Access and Account
By agreeing to these Terms and Conditions, you represent that you are of legal age in the state or region where you reside and that you have given us your consent to allow your minor dependents to use the Services on devices you own, have purchased, or manage.
To use the Services, including accessing or navigating our online shops or purchasing products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you are fully authorized to provide such information.
You are solely responsible for the security of your account login credentials and for all activities on your account. You may not transfer, sell, assign, or license your account to another person.
2. Our Products
We have made every effort to represent our products and services in our online shops as accurately as possible. However, we note that colors or the appearance of products may vary due to the device you use to access the shop, as well as its settings and configuration, and may differ from the colors displayed on your screen.
We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the representations in our online shops.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantities of products we offer to a person, in a geographic region, or within a jurisdiction on a case-by-case basis.
3. Orders
By placing an order, you make an offer to purchase. Chiaro Zurich reserves the right to accept or reject your order at its sole discretion for any reason. Your order is deemed accepted only after confirmation by Chiaro Zurich. Acceptance of your order is subject to receipt and processing of your payment. Please review your order carefully before submission, as Chiaro Zurich may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided with the order.
Returns or exchanges of your purchases will be handled exclusively in accordance with our return policy [LINK].
You represent and warrant that your purchases are intended for your personal use or household use and not for commercial resale or export.
4. Prices and Billing
Prices, discounts, and special offers may change without prior notice. The price charged for a product or service is the price in effect at the time of the order and will be specified in the order confirmation you receive via email. Unless expressly stated otherwise, the prices listed do not include taxes, shipping, handling, customs, or import fees.
Prices listed in our online shops may differ from prices in physical stores or in online shops or other shops operated by third parties. We may periodically offer promotions for the Services that may affect pricing and are subject to terms other than these Terms. In case of discrepancies between the terms of a promotion and these Terms, the promotion’s terms take precedence.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate, and complete, (ii) you are authorized to use the credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including shipping and handling fees and all applicable taxes.
5. Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping providers, customs processing, or events beyond our control. Once we hand over the products to the shipping provider, ownership and the risk of loss transfer to you.
6. Intellectual Property
Our Services, including but not limited to all trademarks, service marks, text, representations, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Chiaro Zurich, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms and Conditions permit you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the material in the Services. Unless expressly provided herein, no provision of these Terms grants you a license or other rights to any patents, trademarks, copyrights, or other intellectual property of Chiaro Zurich, Shopify, or third parties, nor can such a grant be inferred from these Terms. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved to Chiaro Zurich.
The names, logos, product and service names, designs, and slogans of Chiaro Zurich are trademarks of Chiaro Zurich or its affiliates or licensors. You may not use these marks without the prior written permission of Chiaro Zurich. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
7. Optional Tools
You may have access to customer tools offered by third parties as part of the Services, which we neither monitor, control, nor influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We disclaim any liability arising from or related to your use of optional third-party tools.
Your use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for familiarizing yourself with and agreeing to the terms under which the tools are provided by the respective third-party providers.
We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features are also considered part of the Services and are subject to these Terms and Conditions.
8. Third-Party Links
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you access at your discretion. If you choose to leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for any damages or losses arising from your access to third-party websites or from the purchase or use of products, services, resources, or content on third-party websites. You should carefully review the third party’s policies and procedures and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the respective third party.
9. Relationship with Shopify
[NOTICE TO MERCHANTS: This section accurately characterizes Shopify’s relationship with your shop and should not be removed or modified.]
Chiaro Zurich is powered by Shopify, enabling us to provide you with the Services. However, all sales and purchases you make in our shop are conducted directly with Chiaro Zurich. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of the transactions between you and Chiaro Zurich, including any injuries, damages, or losses arising from purchased products and services. You expressly release Shopify and its affiliates from all liability for any claims, damages, and obligations arising from or related to your purchases and transactions with Chiaro Zurich.
10. Privacy Policy
All personal data we collect through the Services is subject to our Privacy Policy. Additionally, certain personal data may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you confirm that you have read these Privacy Policies.
As the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services to provide and improve the Services for you. Data you submit to the Services is shared with Shopify and third-party providers, who may be located in countries other than your country of residence, to provide the Services to you. For more information about how we, Shopify, and our partners use your personal data, see our Privacy Policy [LINK].
11. Feedback
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, expand, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms and Conditions.
You further represent and warrant that: (i) you own all Feedback content or have full rights to it; (ii) you have disclosed all compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms and Conditions. We are not obligated to (1) treat your Feedback as confidential, (2) compensate you for your Feedback, or (3) respond to your Feedback.
We reserve the right, but are not obligated, to monitor, edit, or remove Feedback that we, in our sole discretion, deem unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property or these Terms and Conditions.
You warrant that your Feedback does not infringe on any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further warrant that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene statements and is free of computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of the Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.
12. Errors, Inaccuracies, and Omissions
Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to cancel orders at any time without prior notice (including after you have submitted your order).
13. Prohibited Uses
You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms and Conditions; (g) to transmit or procure the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use of the Services or that, in our discretion, may harm Chiaro Zurich, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or other malicious code that could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, pretext, spider, crawl, or scrape activities; or (e) interfere with or circumvent the security features of the Services, any related website, other websites, or the internet. We reserve the right to suspend, disable, or close your account at any time without notice if we determine that you have violated any part of these Terms and Conditions.
14. Termination
We may terminate this agreement or your access to the Services (or any portion thereof) at our sole discretion at any time without notice. You remain liable for all amounts due up to the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Warranty Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
15. Warranty Disclaimer
The information presented in or through the Services is for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services or by anyone informed of their content.
Unless expressly stated by Chiaro Zurich, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any express or implied representations, warranties, or conditions of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee or warrant that your use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit or do not permit disclaimers of implied or other warranties, so the above disclaimer may not apply to you.
16. Limitation of Liability
To the fullest extent permitted by law, Chiaro Zurich, our affiliates, directors, officers, employees, agents, contractors, service providers, or licensors, or those of Shopify and its affiliates, shall in no event be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or any products procured through the Services, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available through the Services, even if advised of the possibility of such damages.
17. Indemnification
You agree to indemnify, defend, and hold harmless Chiaro Zurich, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to third parties arising from (1) your breach of these Terms and Conditions or the documents referenced herein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claims, provided that failure to promptly notify you does not relieve you of your obligations unless you are materially prejudiced thereby. We may control the defense and settlement of any such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defense of any claims, including by providing relevant documents.
18. Severability
If any provision of these Terms and Conditions is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed from these Terms and Conditions. The validity and enforceability of the remaining provisions will not be affected by such a determination.
19. Waiver, Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this website or in connection with the Services constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
20. Assignment
You may not assign, transfer, or delegate this agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may assign, transfer, or delegate these Terms and our rights and obligations without your consent or notice.
21. Governing Law
These Terms and Conditions and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the country where Chiaro Zurich is headquartered. You and Chiaro Zurich agree to the jurisdiction and personal jurisdiction of these courts.
22. Headings
The headings used in this agreement are for convenience only and do not affect these Terms and Conditions.
23. Changes to the Terms and Conditions
You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right to update, change, or replace any part of these Terms and Conditions at our sole discretion by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law. Such changes will take effect on the date specified in the notice. By continuing to use or access the Services after the posting of any changes to these Terms and Conditions, you indicate your agreement to those changes.
24. Contact Information
For questions about the Terms and Conditions, please contact info@chiaro-zurich.com.
Our contact information is listed below:
Switzerland:
RGP beauty & cosmetics ag
Talacker 41
8001 Zürich
Austria:
RGP beauty & cosmetics GmbH
Jakov Lind Strasse 5
1020 Wien