ABOUT THESE TERMS OF USE
These Website terms and conditions of use (“Terms of Use“) regulate your access to and use of the Website hosted at the URL http://www.cosysunday.com, including all its sections and areas, if any, which may be dedicated to and reserved for registered users, such as the My Profile section. The Website is operated by Profashion (Suisse) SA, with registered office in Via G. B. Pioda 9, 6900 Lugano, Switzerland (hereinafter “COSY SUNDAY”, “CS”, “we”, “us” or “our”).
We welcome you to our Website and invite you to carefully examine these Terms of Use before continuing to access or use our Website. These Terms of Use apply to all visitors and/or users of the Website. By accessing and using this Website you confirm your acceptance of these terms, and are bound by them. If you do not agree with and/or accept these Terms we invite you to immediately discontinue your access/use of the Website.
PURPOSES AND FUNCTIONALITIES OF THE WEBSITE
We use this Website to promote and sell COSY SUNDAY products and collections as well as provide our clients information on the origin of the garments and their components (thread, fabric, accessories etc.). We are an e-commerce based brand, with the online shop within this Website as our only official sales outlet. Specific sections of the Website may contain and make available additional functionalities. Users may be required to register and open a personal account by entering their personal data, to be granted access to reserved areas and contents of the Website. If any, they may be inserted in specific mailing lists and/or receive newsletters about COSY SUNDAY’s products and events, gain member privileges in the form of a loyalty-discount program as well as additional features such as but not limited to: individual customisation of garments, birthday discounts, marketing events.
REGISTRATION AND PERSONAL ACCOUNT
In the event that, in relation to specific functionalities and/or sections of the Website you wish to access, you are required to register and create a personal account. Please note that you are directly responsible for any and all activities conducted through your account, including but not limited to the purchase of items on our Website, unless you notify us and demonstrate that your account is in use by an unauthorised third party. You are furthermore responsible for maintaining your account details’ confidentiality and for ensuring that an unauthorised third party cannot gain access to your account. COSY SUNDAY cannot and will not be held liable for any damage or loss arising from your failure to comply with these obligations. Please note that COSY SUNDAY reserves the right to terminate your account at any time if a) CS reasonably believes that your use of you personal account is in violation of these Terms of Use, b) CS reasonably believes that your account is being used by an unauthorised third party without your consent, c) CS reasonably deems it necessary to suspend your account for security or maintenance purposes. You can cancel your subscription at any time in the “My Profile” section (“My Profile”).
PROCESSING OF YOUR PERSONAL DATA BY COSY SUNDAY
In order to gain access to certain sections and functionalities of the Website, including areas dedicated and reserved for registered users, you may be asked to provide certain personal data relating to you. The processing activities we carry out in relation to your personal data you provide to CS on this Website are thoroughly described in our Privacy Policy and information notices are available throughout the Website. To better understand our practices and policy relating to your data, we invite you to familiarise yourself with our Privacy Policy and the information notices. By using our Website, you acknowledge that any communication over the internet can never be considered entirely confidential and secure as you understand that any information submitted to the Website could be read, viewed or otherwise intercepted by persons other than the intended addressees, even in the presence of a notice stating that certain information is encrypted (e.g transmission of credit card details).
OUR PRODUCTS
While COSY SUNDAY takes reasonable care to make sure the information available on the Website is accurate and up to date, COSY SUNDAY does not make any representation or give any guarantee as to the completeness, accuracy or currency of information on the Website, including for example product descriptions, indications on prices and/or availability thereof on the Website. We made every effort to display as accurately as possible the appearance, and particularly the colours, of our products displayed on this Website. However the actual colour you will see will depend on your monitor and computer settings and we cannot guarantee that your monitor will accurately display our colours. On occasion, we may modify or remove, either temporarily or permanently, certain products and/or services displayed on or made available through the Website. We may also modify the applicable price for any such products/services, or to circumstances in which we can modify and/or withdraw any products that are available on the Website, without any prior notice to you.
COSY SUNDAY’S CONTENT
All right, title and interest in and to the Website and all of its content, including, but not limited to, its software or HTML code and other computer code contained in both the Website’s back-end and front-end components, the Website’s visual user interface, text, graphics, scripts, artwork, photographs, images, designs, audiovisual materials and any other materials that form in any way part of the Website (collectively, “COSY SUNDAY’s Content“) is exclusively owned by COSY SUNDAY and/or its licensors, if any. All of COSY SUNDAY’s content is protected by national intellectual property laws, including but not limited to trademark laws, and international treaty provisions on intellectual property rights.
COSY SUNDAY’S TRADEMARKS
All trademarks, whether registered or unregistered, or under registration in Switzerland or abroad, trade names, brand names and product names used, displayed or in any way included on the Website (Collectively, “COSY SUNDAY’s Trademarks”) are the exclusive property of COSY SUNDAY and its licensors, if any. These Terms of Use do not entitle you in any way to use COSY SUNDAY’s Trademarks and we remind you that the use by you of any COSY SUNDAY’s Trademarks is strictly prohibited.
YOUR USE OF THE WEBSITE
You are permitted to use the Website and COSY SUNDAY’s Content for your personal and non-commercial use only and always in compliance with these Terms of Use and with all applicable laws and regulations.
You hereby acknowledge and agree that you may not and may not permit, assist or allow any third party to:
- copy, reproduce, publish, transmit, distribute, upload, post, publicly display, encode, translate, modify or create derivative works from, sell, licence or otherwise distribute this Website or any COSY SUNDAY’s Content, including but not limited to mirroring, framing or linking to any third party’s computer, server, web site;
- access or use this Website or any COSY SUNDAY’s Content for any commercial purposes, including any advertising or advertising revenue generating activity on your own or any third party’s website, platform or other online space or means;
- use any automatic or manual process aimed at accessing, acquiring, copying or monitoring the Website or the COSY SUNDAY’s Content or any part thereof, and/or in any way reproducing the structure or appearance of the Website or any COSY SUNDAY’s Content, or circumventing any copy-protection devices, obtaining or attempting to obtain any materials, documents or information made available through the Website, for example by resorting to deep-links, page-scrapers, robots, spiders, or similar technologies;
- access or attempt to access any portion, section or feature of the Website, or any other systems or networks connected to the Website or any COSY SUNDAY’s server to which you are not allowed to access, by resorting to hacking, password mining or any other illegitimate technologies or means;
- probe, scan or test the vulnerability of the Website or any other computer or network connected to the Website;
- breach the protection, security or authentication measures on the Website;
- reverse look-up, trace or seek to trace any information regarding any other user of or visitor to the Website, or any other customer, or carry out any similar activity;
- exploit or use the Website, any COSY SUNDAY’s content, or any service or information made available or offered by or through the Website for any unlawful purposes or for any purposes not allowed by these Terms of Use or solicit the performance of any illegal activity or other activity which infringes the rights of COSY SUNDAY or others;
- take any action that imposes an unreasonably or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website; and
- use any device, software, mechanism or any other technology aimed at interfering or attempting to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website. COSY SUNDAY reserves the right to discontinue or suspend your access or use of the Website, without notice, if (a) we reasonably deem you have violated the Terms of Use, or (b) we reasonably deem such a measure necessary for security reasons.
USER’S CONTENT
Any content, file, document, feedback, comment, suggestion, idea, data, information, image, picture and generally any materials that you submit to the Website or to COSY SUNDAY with reference to this Website or to the use of this Website or any part or section thereof (“User’s Content”) shall be deemed non-confidential and non-proprietary. We reserve the right to use such User’s Content on an unrestricted basis, including but not limited to save, store, copy, reproduce, publish, post, transmit, distribute, display, modify, translate, incorporate in other materials and in any way commercially exploit it. COSY SUNDAY shall have the unlimited right to use any ideas, concepts, know-how, or techniques received by COSY SUNDAY as User’s Content, for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products based on such information, and without the user who submitted, created and/or realised the relevant User’s Content being entitled to receive any compensation. COSY SUNDAY thus invites you not to send us through the Website any content, item or information that may fall within the aforementioned categories and/or that you consider to be confidential or proprietary.
THIRD PARTY CONTENT
The Website may contain, use or display content created by third parties, information obtained from public sources and/or links to external websites or web pages operated by third parties (“Third Party Content”). COSY SUNDAY does not control or monitor such Third Party Content and is not responsible or liable for the accuracy, security or reliability of any Third Party Content and cannot and does not guarantee that such Third Party Content will not contain any virus or any other functionalities suitable to damage the users’ data and/or property. Any link or reference to any Third Party Content connected to the Website is not and shall not be construed in any way as an endorsement by COSY SUNDAY of the linked or referenced Third Party Content. Access to any Third Party Content is at your own risk and COSY SUNDAY will have no liability to you for any loss or damage that you may suffer (including but not limited to any loss or damage to your computer equipment, hardware or software) arising out of or related to your access or use of, or reliance on, any Third Party Content or caused by or in connection with any purchase of goods or services available on or through any such Third Party Content. In case you access, in any form or manner, and for any purpose, such Third Party Content, COSY SUNDAY invites you to immediately review the terms and conditions regulating the use of the relevant Third Party Content.
WARRANTY
You hereby acknowledge and agree that the use of the Website is at your own sole risk and you are entirely responsible for your use of the Website and any Third Party Content. COSY SUNDAY takes all measures necessary to reduce, as reasonably possible, the risk that the Website and COSY SUNDAY’s Content contain any viruses and defects. However, COSY SUNDAY cannot guarantee that your computer equipment, hardware or software or any data stored or created by your computer equipment, hardware or software (collectively, “Equipment”) will not be damaged, corrupted, lost or otherwise affected if you access or use the Website or any Content. You are responsible for procuring the technological, computer and telecommunications means, as well as acquiring the knowledge necessary to access and use the Website and COSY SUNDAY’s Content and for the related costs and expenses. COSY SUNDAY does further not warrant that the Website or any COSY SUNDAY’s Content, service or feature of the Website will be uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and the Content are delivered on an “as is” and “as available” basis. In addition, COSY SUNDAY disclaims all warranties, express or implied, including but not limited to any warranty of accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose.
LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, COSY SUNDAY shall in no event be liable to you or any third party for any damage or loss arising out of use of the Website and/or COSY SUNDAY’s Content or any information contained on or the products which may be sold through the Website, including without limitation, any liability for (a) any loss of or corruption to data, (b) loss of or damage to your technological, computer equipment, hardware or software, (c) any loss or damage which was not foreseeable by you and/or us or which you did not notify us may occur if we breach these Terms of Use or our legal duty of care to you, or (d) any loss or damage suffered by you as a result of you failing to take reasonable precautions against such loss or damage, such as through the installation of reputable anti-virus software. COSY SUNDAY shall not be liable for any indirect damage, whatever the cause, origin, nature and consequences thereof may be, including, without limitations, any cost borne due to loss of business opportunities, clients, data or any other loss of intangible goods caused by the use of the Website or by impossibility to use the Website or reliance on the information directly or indirectly made available through the Website. In any case, nothing in these Terms of Use excludes or limits COSY SUNDAY’s liability to you for wilful misconduct or gross negligence or for any other liability which may not be excluded or limited under any mandatory provision of applicable law. By using this Website, you agree that, in case of any dissatisfaction relating to this Website, any part thereof and or any product or service which may be made available through this Website, or any clause of these Terms of Use, the sole and exclusive remedy available to you shall be ceasing your use of the Website. COSY SUNDAY disclaims any and all liability for the acts, omissions and conducts of any third parties in connection with or related to your use of the Website, including without limitation any liability for any third party content, information, statement, available on or through the Website, under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. You finally agree to indemnify and hold harmless COSY SUNDAY against any legal action, claim, complaint from any third parties, and related damages and costs, including any legal expenses (including reasonable attorney fees), caused by or connected to any irregular and/or unlawful use by you of the Website and/or COSY SUNDAY’s Content.
CHANGES TO THE TERMS OF USE
COSY SUNDAY reserves the right to change, modify, revise, add or remove any part of these Terms of Use by updating this document, at any time and without prior notice to you. Changes to these Terms of Use will be communicated by placing a notice on this Website. We thus invite you to check these Terms of Use periodically. If you do not agree with any of such changes, you must immediately cease your access or use of the Website. By continuing the use of the Website following the posting of changes you accept and agree to the changes.
GENERAL TERMS
These Terms of Use are governed by and shall be interpreted pursuant to the laws of Switzerland. The Courts of Ticino (Switzerland) shall have exclusive jurisdiction in connection with any disputes arising out of the use of the Website and/or in any way related to the use of the Website or to these Terms of Use, save for any right under mandatory provision of applicable law to establish legal proceedings in the habitual place of residence of the users. In the event that any provision of these Terms of Use is deemed unlawful, invalid or unenforceable, such provision shall be modified to the minimum extent required to make it lawful, valid or enforceable and the remainder of these Terms of Use shall remain fully valid and enforceable. These Terms of Use are the entire agreement between you and COSY SUNDAY relating to the subject matter of the same. All provisions of these Terms of Use apply to the maximum extent permitted by the applicable law. In particular, if you access and/or use this Website as consumers, the mandatory rights granted to you by the applicable law shall not be subject to any limitation.