CONDITIONS OF USE
The “website” http://www.excellencemagazine.luxury is a website owned by Beyond.Luxury Sagl with registered office in Lugano (CH).
The use by you of the Site is subject to these Terms and Conditions of Use (Terms of Use) that describe the conditions under which you use our Site.
The purchase by you of the products sold through our Website (whether the orders are made online or by telephone) (Products) is subject to the Terms of Sale on the Site “Terms of Sale”.
Please read carefully the following Terms of Use. These conditions in fact rule our agreement with you in relation to the Site in conjunction with our privacy policy and the Conditions of Sale, if you purchase Products through our site. If you have any questions with respect to them, or do not intend to accept them, should you wish to contact our Customer Support at info@excellencemagazine.luxury.
We may modify these Terms of Use by updating this page at any time. You will need to check from time to time to this page to review these terms and be sure to agree with any changes. The use or access to this Site is your acceptance of these Terms of Use. If you do not accept these Terms of Use, you are kindly requested to discontinue the use of this Site.
About Us
Our company is Beyond Luxury Sagl. Our head office is located in Lugano (CH).
You can contact us by email at info@excellencemagazine.luxury.
Web sites covered by these Conditions of Use and for which we are responsible are www.excellencemagazine.luxury
The use of this Site and intellectual property rights
This Site is made available to you for your personal use, excluding your business purposes. We may modify, withdraw from, or deny access to this Site at any time.
We can withdraw from, or deny access to this Site at any time against a user who violates any provision of these Terms of Use.
If you choose, or you are provided, a personal identification code, password or other information based on our security procedures, you must retain this data securely and treat the same as confidential and you must not disclose it to third parties.
This website and all its contents including, without limitation, any text, software, source code, trademarks, logos, design, images, photographs, audiovisual material, written material or any material in any form (the “Site Content”) are our property or we were fired by third parties. All copyright or intellectual property of all contents of the Site are our property or the property of our licensors. All rights or licenses on the Site Content not expressly granted by the Terms of Use are reserved.
The name EXCELLENCE MAGAZINE is a brand property of Beyond.Luxury Sagl.
Except as provided in these Terms of Use your use of the Site Content without the written permission of the owners of the Site Content is strictly prohibited. You can print a copy, and you can download extracts of any pages of this Site for your personal use for non commercial purposes, provided that:
You do not modify, distribute, transmit, display, reproduce, create derivative works from, sell, license or otherwise exploit the content of this website without our written permission;
no graphic sign is used separately from the accompanying text;
our information on copyright and trademarks are reproduced in all copies and you recognize this site as a source of the material;
the persons who provided these materials are made aware of these restrictions.
We vigilant on the market in order to identify violations of our intellectual property rights, and we reserve the right to take any action we deem appropriate for the protection of our rights.
Our liability to you
These Terms of Use do not exclude our liability to you in any case:
personal injury or death resulting from our negligence;
fraud;
any circumstances under which it would be unlawful to exclude or attempt to limit our liability to you.
We do not provide any guarantee that this Site will be compatible with any and all hardware and software that you could use. We do not guarantee that your use of this Site will not cause damage to any property, including but not limited to, data loss and viruses. We reject any responsibility for any virus, and you are welcome to take any and all measures of protection before downloading information or images from this site. We do not warrant that this Site will be available at all times or at specific times. We reserve the right to withdraw from, or modify this Site at any time.
We are only liable to you for losses which you were to suffer as a result of our breach of these Terms of Use. We are not responsible to you for any losses that you had to endure that are not foreseeable consequence of the breach by us of these Terms of Use, for example, where such losses have not been considered by you to us before your access to this Site. Our liability to you shall not in any event include business losses that you may suffer, including loss of data, lost profits or business interruption.
In no case shall the provisions of these Terms of Use will affect your statutory rights.
About this Site
The information contained in this website is provided for information purposes and for general interest. Although we try to keep the information contained in this site current and accurate, we can not be held responsible for any inaccuracies in the information. Therefore, you should not rely on any such information, and we recommend further advice or further guidance before taking any action based on information contained in this site. These predictions have no effect on our liability to you as above indicated.
Specifically, please note that some products on our Site (the products) will appear slightly larger or smaller than their actual size due to screen defects or photographic techniques. Other products will be represented at a larger size of their actual size in order to show more clearly any details or smaller size in order to show the whole object.
Links to third parties
We may provide links to third-party sites beyond our control. When that happens, we will try to make it in the clearest way possible that you are leaving our website. We are not in any way responsible for these sites. It is your duty and responsibility to check the terms and conditions of use as well as the policy on privacy of those sites you visit.
You cannot put links to this Site from other sites unless you breach these guidelines and get our prior written consent (whose release may be subject to additional terms):
the links should be addressed to the homepage of the site at http://www.excellencemagazine.luxury;
You may not frame or any other border around the site;
the site from which you want to run the link must comply with all applicable laws and regulations and must not contain any objectionable or offensive;
You must not imply that we endorse or are associated with any other site, product or service.
You are not entitled (nor will assist third parties) to insert links from your site to this Site (or through links in hypertext, deep-linking, farming, toggling or otherwise) without our prior written consent, which we will grant or deny in according to our absolute discretion.
You agree that when you access the Site you are not doing “scraping” or mopping prices either manually or through web-spider, robot or other web-technologies of web-crawling.
Governing Law and Jurisdiction
The formation, existence, construction, performance, validity and any other aspect of any kind of these Terms of Use or of any term of these Terms of Use shall be governed by the laws of Switzerland, and the Swiss authorities have exclusive jurisdiction to decide any dispute arising under or in connection with these Terms of Use or use of this site.
The present version of the Terms of Use is effective as of January 1st, 2015
CONDITIONS OF SALE
It is important to read these Terms of Sale Site Internet (Conditions of Sale) before proceeding with the order of products through our website (Products). Together to our policy regarding the protection of privacy and to our Terms of Use, these Conditions of Sale rule the contractual agreement in relation to this website and the purchase of products made by the same site. If in doubt regarding these Terms of Sale or in case you were not willing to accept them, please contact the following address info@excellencemagazine.luxury.
To accept these Conditions of Sale, please check the “I Agree” in the Order confirmation before placing an order (“Order”). In case of non-acceptance of these Conditions of Sale, it will be impossible to place orders for products via the Internet site of Excellence Magazine.
These Conditions of Sale shall not affect the rights guaranteed by law, except the case of conflict with them. In this case these Conditions of Sale shall prevail over any conflicting rights, provided it does not conflict with the provisions of law.
General information
Beyond.Luxury Sagl is a company based in Switzerland. The head office is located in Lugano (CH).
You can contact us by email at info@excellencemagazine.luxury.
These Conditions of Sale, including Excellence Magazine is responsible, are applicable to Internet sites www.excellencemagazine.luxury.
Who can make purchases
Residents in Switzerland or in the European Union more of age can buy through the Internet site of Excellence Magazine. In case of online purchases, deliveries are limited to EU countries. In case of non-residents in the above countries or deliveries to be made in a country not included among those mentioned above, you can contact Customer Service by email at info@excellencemagazine.luxury.
Formation of contract
The orders must be made in the following ways:
When you decide to make a purchase, you must click “Add to Cart” to add the product to cart. Then you have to click “Checkout” to enter the reserved section of the site and complete the Order.
In the case of the first purchase made through the website of Excellence Magazine, you can create an account using your email address and password. You are required to keep the password confidential and not to disclose the same by sharing it with third parties. Excellence Magazine ensures a security procedure to recover the password for future purchases if you forget thereof. You will then be prompted to enter your address. The address is the recording which will be sent an order confirmation, you can still specify a different address for delivery.
For existing users, the access to the account is by entering your registration data.
Once entered into the reserved section, any delivery charges are added to the total amount of the order. It is therefore necessary the acceptance of the Terms of Sale and the confirmation to proceed with the Order. You will then be asked to confirm the address and your payment information. Once completed the Order, you will be asked to verify its correctness. In case you find errors, you can change the order and correct errors before forwarding Excellence Magazine. It is your responsibility to verify the accuracy of the Order before forwarding. In case of problems with the operation of the Order, please contact via email at Magazine Excellence info@excellencemagazine.luxury.
Excellence Magazine send an initial email confirming receipt of the Order, containing a summary of the conditions of sale applicable to the contract, the information on the main characteristics of the product as well as the detailed information regarding the price, terms of payment and withdrawal the shipping costs and any applicable taxes. The above email will be automatically sent to the user registration.
After sending that first email, Excellence Magazine verify the ability to process your order, confirming the sending of the product/s to the address indicated and provided by the user with a forecast about the delivery times. The above email is automatically sent to the address of record.
Excellence Magazine will then debit the Payment Order via your payment information you provide.
You are required to verify the accuracy of both the email and immediately report any errors to Excellence Magazine. The Order is considered accepted by Excellence Magazine at the time the user of the second mail address on the Order confirmation and delivery of the product, by which the contract is concluded with Excellence Magazine.
In case of problems in performing the Order, an appointee of Excellence Magazine will contact you.
Through an Order, you offer to buy the product/s at the price indicated therein.
Prices are checked regularly; however, in case of Excellence Magazine checked material changes in prices or errors in the indication of the same, we will contact you asking for confirmation of the intention to proceed with the purchase of the actual price. In the case of confirmation of purchase, there won’t be in the hands of Excellence Magazine obligations related to the delivery of the product until it is sent to the second email confirming the Order.
If you do an error in performing the Order, you have to immediately contact Excellence Magazine. Please make such reporting previously sending by Excellence Magazine the second email confirming the Order. Excellence Magazine is not able to correct the Orders after that time, but the user is in any case guaranteed the right of withdrawal as indicated below.
Payment
Prices shown on the website of Excellence Magazine include VAT, if applicable, and shipping of products. Shipping charges apply to orders below a certain amount and the applicable VAT can vary depending on the country of destination of the product. Any other taxes will be reported at the completion of the order.
All payments must be made at the time the product/s, by credit card, PayPal or bank transfer. Excellence Magazine accepts payments made with Visa, MasterCard, American Express, Maestro, Carta Si, bank transfer. In the event that, for any reason, Excellence Magazine was unable to accept an Order, it may, in its discretion, not to proceed with the charge or refund the price already paid with reference to the Order. Excellence Magazine will not proceed to the dispatch of the product/s before receiving payment for the whole.
Prices are subject to change at any time, but these changes do not affect orders already confirmed in the manner described above.
In the case of payments made by credit card, cardholders or accounts with cooperative banks or building may be subject to authentication and authorization request. If the issuing bank of the credit card or our service provider refuse for any reason or do not authorize or validate the payment, in such circumstances, Excellence Magazine is not responsible for delays or non-delivery with reference to the products ordered.
Your personal data will be processed by Excellence Magazine in accordance with the policy on protection of privacy.
Delivery
Excellence Magazine while trying to meet these deadlines for delivery of the product/s to the address indicated, is not able to indicate an exact delivery date.
In the event that the delivery of the product/s does not occur within 60 days of submission of the Order from the user, or by such other date agreed otherwise with the same, you may withdraw from the Order and Excellence Magazine will refund the price
Damaged or defective products
Subject to specific guarantees with respect to particular products, or guarantees implied by law, Excellence Magazine does not offer guarantees on their products.
You should review the products at the time of receipt to check for any defects or damage. If you find a defect or damage you must inform as soon as possible Excellence Magazine that will send these products to its Customer Service Centre, at no extra cost on your part. Retailers that cannot accept refunds or make changes in products will provide useful information to customers wishing to return defective or damaged. In case you find that a product was damaged prior to delivery or defective (not due to use on your part), Excellence Magazine will repair or replace the product or will refund the price paid, including any delivery charges, provided that Product has not been worn or used and damaged. In case you prefer to repair or replace the Product, please contact Excellence Magazine that will replace the same without charge, where reasonably possible. In addition, Excellence Magazine reimburse the costs of returning the product was defective or damaged.
These Conditions of Sale shall not exclude the liability of Excellence Magazine to you for:
death or personal injury;
fraud;
any circumstances under which it would be unlawful to exclude or attempt to limit our liability to you.
Subject to the application of paragraph (iii), Excellence Magazine is exclusively responsible for losses that are a result of violations by Excellence Magazine of these Conditions of Sale. This responsibility is exclusively limited to the purchase price of the product purchased and to pay damages predictable. The damages are considered predictable if they could foresee at the time of acceptance of your order by Excellence Magazine.
Excellence Magazine is not responsible for consequential damages that are an indirect damage or loss of the principal and which are not foreseeable by the parties, including, but not limited to:
loss of profits or revenues;
loss of job opportunities;
loss of profits or contracts;
loss of savings
The foregoing shall not preclude the right to take legal action for the loss or damage suffered by material goods as determined by mandatory law and by paragraph (iv) or any other action for compensation for direct not excluded from one of these categories of damages specified in this paragraph (v).
Subject to the application of paragraph (iii), Excellence Magazine is not responsible for failure or delay in implementation of its obligations under these Terms of Sale arising from causes beyond its control including: natural disasters, measures authority, war, fire, flood, explosion or insurrection, interruption of computer services or telecommunications, non-performance of third parties (including failures related to the provision of data) and strikes.
In any case, the provisions of these Terms of Sale do not involve restriction of the rights guaranteed by law.
Right of withdrawal
If you are a consumer (i.e., you are not purchasing even in part for your work and you are not an entrepreneur) you have the right, in addition to your other rights, to cancel the Contract (except for customized products or other products that we have not specified be returnable) and be reimbursed by Excellence Magazine. If you intend to withdraw you will have to give notice in writing to Beyond.Luxury Sagl in Lugano (CH) or by email at info@excellencemagazine.luxury within ten (10) working days from the day following the date on which Products will have been delivered.
If you choose to cancel you must return the products at your cost and risk and we urge you to ensure that the products are adequately insured during the return. The shops cannot accept your returns or make changes. You should make sure to take reasonable measures of custody of the Products.
If you do not see to the return of the Products Excellence Magazine within 14 days of cancellation or when you have received a request to do so by Excellence Magazine, if earlier, Excellence Magazine can withdraw the products from you at your cost.
The details on the exercise of the right of withdrawal are provided together with the note accompanying the Product.
In addition to your right to withdraw above, the products can be accepted on credit or exchange if returned to our Customer Care Centre, in conditions of resale, within 30 days from shipment, accompanied by your accompanying note. Such return is at your cost and risk and we urge you to ensure that the products are insured during the return. The shops cannot accept your returns or make changes. You should make sure to take reasonable measures of custody of the Products.
Recipients of a gift have the right to change the goods or refund without refund or asking the is ordered in favor of the purchaser of the Product. To change a gift or ask for a refund to the purchaser please follow the instructions included in the package.
In the event that payment of the Products is made by pre-paid card, refunds will be made by crediting the payment on the paper on which it was originally debited.
All refunds will be made within 30 working days:
from mail from Excellence Magazine confirmation of the cancellation of your order (if the products have not been delivered to the address specified within 30 days of the Order); or
the receipt by Excellence Magazine of returned products.
More information
Some products may appear slightly larger or smaller than the actual size due to screen defects or photographic techniques. Other products can be represented with larger dimensions than the real in order to clearly show the details, with or smaller than the real in order to show the entire product.
Excellence Magazine recommends that you print a copy of these Terms of Sale for your future information. In any case, both the email that will be sent will contain as an attachment in pdf these Conditions of Sale.
The contract and all communications between you and Excellence Magazine will be in Italian and English.
The formation, existence, construction, performance, validity and all aspects relating to these Conditions of Sale are governed by Swiss law.
The Swiss Courts are competent but not limited to the definition of any dispute arising from, or connected with, these Terms of Use or use of the Site.
In the event that any provision of these Conditions of Sale is deemed invalid or unenforceable, it will be considered non-existent and the remainder of these Terms of Use will remain valid and effective.
The delay or failure by Excellence Magazine of any faculty, right or remedy under these Terms of Sale, does not involve waiver thereof, nor the single or partial exercise of any such powers, rights or remedies prevents the future exercise of the same or different.
The companies that are not part of the agreements between you and Excellence Magazine cannot exercise any right under these Terms of Sale in accordance with Swiss law except in cases where this is expressly provided in these Conditions of Sale.
Contact
Beyond.Luxury Sagl
6900 Lugano (CH)
info@excellencemagazine.luxury
VAT
The sale price is inclusive of VAT if applicable. The tax is determined by the destination of the order and can therefore change at the check out.
Notice on counterfeiting
The goods Excellence Magazine are available exclusively through the Web site www.excellencemagazine.luxury. Buyers should be careful to alleged goods sold through unauthorized channels. Beware of counterfeits.
Photography
Some objects may appear slightly larger or smaller than the actual size of the object to adapt the object to the screen or due to photographic techniques. Other elements may be depicted in a size larger than the actual in order to clearly show the details, or smaller than the actual size in order to show the entire article.