Users of the Services offered by Configurator.premec.ch acknowledge and accept these terms and conditions.
Owner of configurator.premec.ch and related Services
Pagani Pens SA – Via Ponteggia, 19 – CH-6814 Cadempino (Svizzera),
Information about configurator.premec.ch
Configurator.premec.ch is the online representation of the company called Pagani Pens SA, a manufacturer of custom made pens. On the site, the User can configure their own set of personalized pens, request quotes and information and subscribe to the newsletter.
Content provided by the User
Users are responsible for their own content and that of third parties that they share through Configurator.premec.ch, that they upload and post on or through Configurator.premec.ch, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service.
The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal.
Rights over content provided by Users
The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Configurator.premec.ch.
Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Configurator.premec.ch. The Owner is not responsible for the content provided by third parties or for its availability.
By registering, the User can create two types of profiles: a profile called “Dealer” or a profile called “Enduser”. The profile called “Dealer” is the profile dedicated to business users, who intend to request access to its dedicated area in which reserved content can be obtained. “Dealer” Users acknowledge and accept the fact that the Premec brand is the exclusive property of the company Pagani Pens SA and that their right to use the Premec logo is limited. The registration of a “Dealer” profile does not imply in any way the acceptance, not even implicit, by the Owner of a contractual relationship with the “Dealer” User. In particular, but not limited to, the registration of a “Dealer” User does not award the latter any mandate from the Owner, nor agent function, association, or partnership. The Owner can at at any time – without explanation and without notice – block or delete the “Dealer” User profile as well as revoke their right to use the logos and the material available on the site with immediate effect. Any right to compensation for the User for any damage or harm that they may suffer in relation to the closure or the blocking of the account is excluded in all cases. “Dealer” Users also agree not to use and not to buy domains for the creation of their own website that might create confusion for the public in any way about the nature of partnership between the User “Dealer” and Premec.
The profile called “Enduser” is a profile dedicated to end customers, through which the User may save the chosen settings and may request further information and quotes.
The Service is provided “as is”
The Service is provided by the Owner “as is”, with no express or implied warranty for accuracy or availability.
Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of configurator.premec.ch and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
The User agrees to indemnify the Owner (as well as any company controlled by or affiliated with the latter, the representatives, directors, agents, licensors, partners, and employees) from any obligation or liability, including any legal costs incurred to defend themselves in court, which may arise due to damage caused to other Users or third parties, in relation to the content uploaded online, the violation of the law or these terms of service and generally associated with the use of user accounts.
The Service shall be used only in accordance with these Terms.
Users may not:
- reverse engineer, decompile, disassemble, modify or create derivative works based on Configurator.premec.ch or any portion of it;
- circumvent any technology used by Configurator.premec.ch or its licensors to protect content accessible via it;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Configurator.premec.ch;
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Configurator.premec.ch or its content;
- rent, lease or sublicense Configurator.premec.ch;
- allow the use of a User profile to any third party;
- use Configurator.premec.ch in any other improper way that violates these Terms.
Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, through the interface of Configurator.premec.ch or by directly contacting the Owner.
The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User’s account at any time and without notice.
All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Configurator.premec.ch are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties.
Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Configurator.premec.ch.
Limitations of liability
The Owner, within the limits as currently set out by the applicable legislation, is liable for damage under contract and in tort to the Users or third parties only when such damage is the immediate and direct consequence, through willful misconduct or gross negligence, of the activity of Configurator.premec.ch.
The User expressly releases and exempts the Owner from any liability, to the extent permitted by the applicable law, relating to possible damage or claims of any kind, including direct, indirect, punitive, incidental, special damages related to loss of profits, loss of revenues, loss of data or costs of substitution consequential or anyhow connected to the present agreement.
Changes to these Terms
The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Configurator.premec.ch.
Users who continue to use Configurator.premec.ch after the publication of the changes accept the new Terms in their entirety.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User’s rights under the Terms are not affected.
Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner.
All communications relating to Configurator.premec.ch must be sent using the contacts stated in this document.
If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.
Governing law and jurisdiction
These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Latest update: March 30, 2015