1. Scope and general information
1.1 These general terms and conditions outline the rules and regulations for the use of FoodFrenemyLove's Website, located at https://foodfrenemylove.com, which is operated by Anja Grotto.
1.2 By accessing this website we assume you accept these terms and conditions. Do not continue to use FoodFrenemyLove if you do not agree to take all of the terms and conditions stated on this page.
1.3 FoodFrenemyLove presents the products on its website as accurately as possible. Unfortunately, it cannot be avoided that colours and shapes on the respective screens do not correspond to the actual occurrences. Furthermore, FoodFrenemyLove cannot guarantee that the descriptions and illustrations of the products are always free of errors and that the products correspond exactly to the expectations of the customers.
1.4 The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Switzerland. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, company and/or its licensors own the intellectual property rights for all material on foodfrenemylove.com. All intellectual property rights are reserved. You may access this from foodfrenemylove.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from FoodFrenemyLove
- Sell, rent or sub-license material from FoodFrenemyLove
- Reproduce, duplicate or copy material from FoodFrenemyLove
- Redistribute content from FoodFrenemyLove
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Company does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of company, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, company shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Company reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant company a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats, or media.
3. Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of FoodFrenemyLove; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to FoodFrenemyLove. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of FoodFrenemyLove's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We may make certain electronic products available to you from the Site. If you download said products from the Site, the products, including all files and images contained in and accompanying data (collectively, “Products”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Products, and Company retains full and complete title to the Products as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Products, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Products to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner.
6. User Content
You grant us a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. Inappropriate Content
8. Affiliated Sites
9. Prohibited Uses
Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
11.1 Exclusion of Liability
Liability for products purchased through the FoodFrenemyLove website is governed by applicable law.
In no event shall FoodFrenemyLove be liable, whether in contract or otherwise, for any indirect, direct or consequential damages of any kind, including, without limitation, lost revenues, lost profits and unrealized savings, arising out of or in connection with a sale made through the website “foodfrenemylove.com”. Liability shall only exist in the event of deliberate misconduct or gross negligence on the part of FoodFrenemyLove or its agents.
11.2. Content Liability
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
11.3 Limited Liability
Company’s liability to you is limited. to the maximum extent permitted by law, in no event shall company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by company. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
12. No Warranties
Company hereby disclaims all warranties. Company is making the site available “as is” without warranty of any kind. you assume the risk of any and all damage or loss from use of, or inability to use, the site. To the maximum extent permitted by law, company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Company does not warrant that the site will meet your requirements or that the operation of the site will be uninterrupted or error-free.
13. Data protection
14. Severability clause
Should any provision of these terms and conditions be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
You may not transfer, assign, charge or otherwise dispose of any rights or obligations under any contract between you and FoodFrenemyLove to any third party without our prior consent.
16. Alternative Dispute Resolution, Codes of Conduct
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase contracts in which the customer is involved.
However, FoodFrenemyLove does not participate in a dispute resolution procedure before a consumer arbitration board.
We have not subjected ourselves to any codes of conduct.
17. Applicable law, jurisdiction and contractual language
All legal transactions between the customer and Swiss Military by Chrono are, as far as legally permissible, subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as any intergovernmental agreements shall not apply.
As far as legally permissible, Solothurn/Switzerland shall be the place of jurisdiction for all legal disputes arising from the legal relationship between the customer and Swiss Military by Chrono. Swiss Military by Chrono is also entitled to sue at the customer’s domicile.
The contract language is German.
All contents of Site are: Copyright © Anja Grotto, 2544 Bettlach, Switzerland. All rights reserved.
We reserve the right to amend these Terms and shall do so by posting a notice on the Site and forwarding an email detailing the amendments to you should we have an email address for you. Said amendment shall be binding 30 days after being posted to the Site. You may reject the amendments by opting out of our email list.