Terms & Conditions

1.      Common Provisions

1.1.  Scope

1.1.1.       By accessing and using this Site, you acknowledge that you are bound by these general conditions (GC), which you declare to have read and to have understood.

1.2.  Modifications in general conditions

1.2.1.       Viavet reserves the right, at its sole discretion, to modify or change these Term and Conditions at any time. It is your responsibility to regularly consult them in order to keep yourself informed of any changes.

1.2.2.       By using the Site, you acknowledge that the mere fact of posting revised Term and Conditions on the Site is sufficient to make any modification or revision enforceable against you.

1.2.3.       Your continued use of the Site after a change means you accept those changes. Any usage of the after the publication by Viavet of a new version of the GC constitutes acceptance of this new version.

2.      General Conditions Of Use

2.1.  General provisions

2.1.1.       Viavet reserves the right, at any time, to modify or stop temporarily or permanently the Site (or any part of it), with or without notice. You agree that Viavet will not be liable to you or to any third party for any modification, suspension or termination of the Site or Service.

2.1.2.       You agree not to violate any legal standard or to use the Site for an unlawful purpose, not to include any false, incomplete or inaccurate information, not to introduce any virus, worm, Trojan horse, time bomb or any other program designed to damage, adversely affect, intercept or interfere with any system, data or personal information.

2.2.  Contents

2.2.1.       The content of the Site is offered to you as is and may not be used, distributed, reproduced, transmitted, broadcast, sold, represented, assigned or otherwise exploited for any purpose other than its consultation and use on the Site. For this sole purpose, Viavet authorizes you in a limited, non-exclusive and revocable manner to access and use the Site for private use, in accordance with these Term and Conditions.

2.2.2.       The names and logos Viavet and Viavet.de , as well as the Site and all of its content (design, texts, graphics, photographs, images, video clips, audio clips and software, etc.) are protected in particular by copyright and trademark law. Viavet retains all rights to the Site, as well as the information and content (including all text, data, graphics and logos) on the Site. Any modification, reproduction, publication, transmission to third parties and / or any other use of the protected property without the prior written consent of Viavet is strictly prohibited.

2.2.3.       Any part of the content may be out of date at any time and Viavet is under no obligation to update such content.

2.3.  Submission of Unsolicited Ideas:

2.3.1.       All remarks, suggestions, ideas, graphics, materials or other information sent to Viavet or Viavet through this Site (together the “Submission”) will forever be the property of Viavet. Viavet will not be required to treat any Submission as confidential, and will not be liable to you for the use of any ideas for its business (including, without limitation, development, design, manufacture, marketing or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Viavet operations. All Submissions to this Site or to Viavet are, and shall remain, the sole and exclusive property of Viavet and may be used by Viavet for any purpose whatsoever, commercial or otherwise, without compensation. Viavet is not seeking any Submissions, and although we are interested in your comments about our products and our business, we encourage you not to submit any such ideas.

2.4.  Connections

2.4.1.       In the event that you wish to establish a link to the Site, you expressly agree to: (i) not display the Site within another Site; (ii) not to create an association between the Site and a third party; (iii) correctly attribute to Viavet the Site to which the link refers; and (iv) ensure that the link does not imply or expressly imply that Viavet endorses, supports or assumes the activity of any other website, company or entity and that Viavet and / or its activities are not presented under ever false, misleading, defamatory or insulting or in any other way that could damage or benefit Viavet’s reputation.

2.4.2.       The link to the Site does not authorize you to use any content, name, logo, image or brand of Viavet or of third parties without the prior, specific and written authorization of the beneficiaries.

2.4.3.       Viavet reserves the right to ask you to remove any link to the Site, without having to justify its reasons.

2.5.  Lack of guarantees

2.5.1.       You access and use the Site at your own risk. The Site and its content are provided as is, according to their availability and on a purely informative basis. The descriptions and other elements published on the Site, or contained in the flows of the Site, are not intended to constitute advice opposable to Viavet.

2.5.2.       Viavet expressly disclaims, and you waive, all warranties of any kind, whether express or implied. Viavet does not in particular guarantee that (i) the Site and its content will meet your needs; (ii) the Site and its content are exhaustive, exact, precise, reliable, up-to-date and do not infringe the rights of a third party; (iii) the Site is secure and virus-free; (iv) that access to the Site will not experience any interruption or error; (v) the results that can be obtained from the use of the Site will be accurate or reliable; and (vi) any defect or error in content will be corrected.

2.5.3.       Any document downloaded or obtained by using the Site is at your own discretion and risk and you will be solely responsible for any damage to your computer system or any loss of data resulting from the downloading of such documents.

2.5.4.       No information, whether verbal or written, obtained by you from Viavet or through the Site or on the Site will create any warranty or other obligation not expressly stated in the Term and Conditions and Viavet disclaims all liability arising from any reliance placed in these elements by any visitor to the Site or by anyone who could be informed of any part of its content.

2.6.  Limitations of Liability

2.6.1.       Within the limits of the law, you expressly acknowledge and agree that Viavet, its directors, employees or agents are not liable for any indirect, direct, or derivative damage of any kind, whether the reason is contractual or tort, including , among others, damages for loss of goodwill, loss of profit, enjoyment, use, data or other intangible losses (even if Viavet has been warned of the possibility of such damages), resulting from, or related to the use of the Site, its content, or the inability to use all or part of the Site or its functionalities.

2.6.2.       You agree that, except as otherwise provided by law, any claim arising out of, or related to, use of the site must be filed within one year of the basis of such claiming.

2.7.  Compensation

2.7.1.       You agree to indemnify Viavet and its partners and employees and hold them harmless from all damages, claims, penalties, liabilities, losses, fines, costs and expenses, including, without limitation, reasonable attorney fees, which may arise. about: (i) your use of the Site and your access to this Site, including, without limitation, any content, as well as your connection to the Site; or (ii) your failure to comply with any provision of the terms and conditions.

3.      General Conditions For Placing Of An Enquiry

3.1.  General provisions

3.1.1.       By placing an enquiry via the Site, the User acknowledges having read, understood and accepted, without any reservation, these general conditions of placing an enquiry (GC). In the event of disagreement with the terms and conditions, the User refrains from placing an enquiry via the Site.

3.1.2.       Viavet can either offer products for direct sale, in which case the order commits Viavet and the Customer reciprocally, or offer products as an intermediary, in which case the contractual relationship only arises between the third-party service provider and the Customer, at the exclusion of Viavet.

3.1.3.       The Customer has the obligation to provide correct data as to his identity. Viavet may therefore require the Customer to produce an identity document.

3.1.4.       You agree not to include any false, incomplete or inaccurate information, not to introduce any virus, Trojan horse, worm, time bomb or any other program designed to damage, adversely affect, intercept or interfere with any system, data or personal information.

3.2.  Product information

3.2.1.       The products for enquiry are described on the Site at the time placing the enquiry. The characteristics of the products and services, as well as the photos, are established in agreement with their supplier or third-party service provider and are given for information only. This information and photos are not contractual; Viavet therefore does not guarantee that the product or service conforms to its description or illustration.

4.      Privacy Policy

4.1.  By using the Site, you may provide Viavet with certain data, including of a personal nature.

4.2.  By submitting your personal information to the Site, you agree to the use of such data by Viavet, in accordance with our privacy policy.

5.      Final Provisions

5.1.  The Entire Agreement

5.1.1.       These terms and conditions constitute the entire agreement between you and Viavet with regard to access to the Site, use of its features and placing enquiries from the Site. They replace and cancel all previous agreements, arrangements and commitments of any kind between you and Viavet, whether verbal or written, with regard to this subject. Notwithstanding the foregoing, you may be subject to specific terms of use when using the services of related companies, third party content, or third party software.

5.2.  Rules as per priority

5.2.1.       The use of certain specific Viavet services may be subject to specific conditions of use. In the event of any discrepancy, the specific conditions of use prevail in the context of the use of said service.

5.2.2.       When Viavet acts as an intermediary between you and a third-party service provider, the general and specific provisions of the third-party service provider are applicable to you and take precedence, unless otherwise indicated, over any incompatible provisions appearing in these GC.

5.3.  Non-exercise of rights

5.3.1.       The fact that Viavet does not exercise or enforce any right or any provision of the terms and conditions will not constitute a waiver of such right or provision.

5.4.  Partial nullity

5.4.1.       If a provision of the general terms is deemed void, the parties nevertheless agree that their intentions, as they emerge from the provision, will be carried out as far as possible and that the other provisions of the GC will remain in full force and effect. The titles of the articles of the general terms are only intended to facilitate consultation and have no legal or contractual effect.

5.5.  Assignment

5.5.1.       You may not assign or transfer any of your rights or obligations or subcontract the performance of any of your obligations under these terms and conditions without the prior written consent of Viavet.

5.5.2.       Viavet may assign or transfer any right or obligation, or subcontract the performance of any of its obligations under the terms and conditions to any third party and at any time, without your consent (such consent given by these provisions).

5.6.  Applicable law and place of jurisdiction

5.7.  The GC and the relationship between you and Viavet will be governed by Swiss substantive law. Any dispute in connection with these terms and conditions must be settled in the courts of Viavet’s headquarters or your domicile, subject to recourse to the Federal Supreme Court.

GDPR COMPLIANCE STATEMENT

1.      Viavet respects and complies with UK and EU General Data Protection Regulations (GDPR).

2.      Some of the key ways we comply with these regulations are:

2.1.  Consent

2.1.1.       We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.

2.2.  Breach Notification

2.2.1.       In the event of a breach we will notify affected users within 72 hours of first having become aware of the breach.

2.3.  Right to Access

2.3.1.       Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, free of charge, in an electronic format.

2.4.  Right to be Forgotten

2.4.1.       Once we have compared your (the subjects’) rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this.

2.5.  Data Portability

2.5.1.       We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine readable format’ and you have the right to transmit that data to another ‘controller’.

2.6.  Privacy by Design

2.6.1.       We implement appropriate technical and organisational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of data subjects’. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.