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General terms and conditions of use (GTCU)
1. Scope of application
1.1. These general terms and conditions of use (hereinafter, the Terms of Use) regulate the conditions under which you (hereinafter, User[s] or you) may access and use the website https://ngsa.ch/ (hereinafter, the Website).
1.2. The Website is provided and operated by NUMISMATICA GENEVENSIS SA, a limited company incorporated under Swiss laws, having its registered office at Rue François-Bellot 4, 1206 Geneva, Switzerland, and registered in the Commercial Register of the Canton of Geneva under the number IDE CHE-101.728.085 (hereinafter, Numismatica Genevensis or we).
1.3. By accessing the Website, you acknowledge that you have read, understood and accepted these Terms of Use without reservation. If you do not agree to be bound by these Terms of Use, please refrain from accessing and/or using the Website.
2. Website access
We grant you a limited, personal, non-exclusive, revocable, and non-transferable right to access the Website and use its features in accordance with these Terms of Use and applicable laws and regulations. We may, in our sole and absolute discretion, block, suspend or deny your access to and/or use of all or any part of our Website, without notice, and for any reason. Numismatica Genevensis declines any liability in this regard.
3. Website availability
3.1. Numismatica Genevensis endeavours to make the Website accessible without interruption, 24 hours a day, 7 days a week. Access to the Website may be prevented without notice, in particular due to maintenance work, software updates, system or internet failures or other events over which Numismatica Genevensis has no influence (due to the fault of a third party, force majeure, etc.).
3.2. We reserve the right, at any time and without prior notice, to modify, add or remove features of the Website, to suspend all or part of the Website and to carry out maintenance or upgrade operations without incurring any liability for any loss or damage in connection therewith.
3.3. Numismatica Genevensis declines all responsibility in the event that the Website is unavailable for any reason whatsoever and for any period of time.
3.4. In order to be able to use all the functions of the Website in the best possible way, Numismatica Genevensis recommends the use of the latest technology (in particular a recent web browser and operating system) and the correct settings of the browser.
4. Use of the Website
4.1. You agree to access and use the Website at all times in accordance with these Terms of Use and all laws and regulations applicable to your access and use of the Website.
4.2. In particular, you agree not to:
I. Access and/or use the Website in violation of applicable regional, national, or international laws or provisions, the rights of third parties, or any of the policies of Numismatica Genevensis;
II. Accessing and/or using the Website for any illegal, misleading, illicit or dishonest purposes;
III. Collect email addresses or any other content available on the Website for non-personal or commercial purposes;
IV. Infringe any copyrights, trademarks, rights to image or name, patents, publicity rights, moral rights, database rights and/or other intellectual property rights belonging to Numismatica Genevensis, its licensors or third parties;
V. Distribute or publish spam, unsolicited or bulk electronic communications, chain letters, distribute viruses, Trojan horses, keyloggers, spyware, adware or other malicious software, computer programs or any other technology that may harm Numismatica Genevensis, the interests of users of the Website or the operation of the software or hardware;
VI. Use any robots, spiders, scrapers, data mining, data gathering and extraction tools, or other similar automated means to collect data;
VII. Copy, reproduce, alter, modify or delete any part of the Website or its infrastructures.
4.3. You are fully liable to Numismatica Genevensis for any misuse of the Website and the consequences thereof.
4.4. Violation of any of the obligations referred to in this Article 4 may result in the blocking and/or suspension of all or part of your access to and/or use of the Website, and/or the immediate blocking, suspension and/or deletion of your account, or even legal action.
5. Use of the Online Store
5.1. In general
5.1.1. The Website offers its Users the possibility of purchasing products sold by Numismatica Genevensis through its online store (hereinafter, the Online Store), accessible from the Website.
5.1.2. The General Terms and Conditions of Sale - Online Store shop.ngsa.ch apply to orders placed and contracts concluded via the Online Store. In addition, these Terms of Use apply without reservation to access and use of the Online Store.
5.2. Registration
5.2.1. You may freely access the Online Store through the Website. However, in order to place an order and purchase a product from the Online Store, you must first register and/or create a personal account through the registration process by providing the required information, including [your first and last name, nationality, telephone number, email address, delivery address and billing address]. You are responsible for providing complete and truthful information.
5.2.2. You must be at least 18 years old to create a personal account.
5.2.3. If you are accessing or using the Online Store on behalf of a company or entity, you represent and warrant that:
I. You are authorized to act on behalf of such company or entity and to bind the company or entity to these Terms of Use;
II. You agree to these Terms of Use on behalf of the company or entity;
III. Your business or entity is legally and financially responsible for your access to or use of the Online Store and for the access to or use of your account by others affiliated with your entity, including any employee, agent or contractor.
Numismatica Genevensis reserves the right to require, at any time, proof of your authority to act on behalf of said company or entity.
5.3. Personal account
5.3.1. Your account is personal and non-transferable. You are responsible for keeping your login information, such as username and password, strictly confidential and for preventing any third party from accessing such information. If you become aware or suspect that your login information has been disclosed to a third party, is in any way compromised, or if it appears that your personal account is being or has been hacked, you must notify us immediately at [boutique@ngsa.ch]. Numismatica Genevensis is not responsible for any unauthorized access or use of your personal account by any third party.
5.4. You warrant that all information provided at the time of registration is true and accurate and will be kept up to date throughout your use of the Online Store. [Any changes can be made directly via the Online Store.] You accept liability for any failure to comply with this obligation.
5.4.1. Unless authorised in writing by Numismatica Genevensis, a User may only have one account.
5.5. Blocking, suspension or deletion of the personal account
5.5.1. Numismatica Genevensis reserves the right to block, suspend and/or delete your personal account, temporarily or permanently, at any time and without prior notice, at its sole and absolute discretion.
5.5.2. If we permanently block, suspend or delete your personal account, we will notify you in advance to give you time to access and save your information and content, unless we have reason to believe that maintaining access to your personal account would be detrimental to our Online Store, to other Users or us, or would violate requests from law enforcement or other government agencies, applicable laws or regulations, or the rights of third parties. Numismatica Genevensis declines all responsibility in this regard.
5.5.3. If you wish to have your personal account deleted, you can delete your personal account via the features provided on the Online Store or contact us directly at boutique@ngsa.ch.
6. Hyperlinks to our website
6.1. Numismatica Genevensis authorises you to include a hyperlink to our Website, subject to the following conditions:
I. The insertion of these hyperlinks must not compromise or exploit, in any way whatsoever, the reputation of Numismatica Genevensis;
II. The insertion of these hyperlinks must be made in a reasonable and lawful manner, in particular any link allowing access to the Website by making it appear in a frame of your site ("framing") is strictly prohibited;
III. Hyperlinks must not suggest, expressly or implicitly, any form of association, approval, sponsorship or affiliation with Numismatica Genevensis.
6.2. Numismatica Genevensis reserves the right to withdraw its consent to the insertion of hyperlinks at any time and without prior notice, in particular in the event of violation of the above conditions.
7. Warranties
7.1. The Website is provided to you "as is" and "as available". To the fullest extent permitted by law, and except as otherwise expressly provided in these Terms of Use, we expressly disclaim and exclude all warranties of any kind, whether express or implied, with respect to the access, use and content of our Website.
7.2. In particular, but without limitation, we do not warrant, expressly or impliedly, that:
I. The Website will provide you with the information or products you are looking for;
II. Access to and use of the Website will be uninterrupted, secure or free of errors or viruses;
III. The information and content published and available on the Website are at all times current, reliable or complete.
7.3. The Website may contain links to articles or websites or web pages of third parties, such as, where applicable, our partners, social media pages or plug-ins. These links are provided solely as a convenience to you. We provide no guarantee as to their functioning and assume no responsibility or liability in particular for the content of such third-party websites and/or applications.
8. Intellectual Property
8.1. Numismatica Genevensis and our licensors own all trademarks, copyrights, patents and other intellectual property rights relating to the Website and the content published on the Website (including, without limitation, the domain name [https://ngsa.ch/], text, software, photographs, illustrations, logos, articles, publications, newsletters, press releases, presentations, brochures, etc.).
8.2. The default content and functionality provided by the Website (including, without limitation, the computer code, layout and structure of the Website, etc.) are the intellectual property of Numismatica Genevensis or our licensors.
8.3. You may browse the Website and reproduce extracts from it, by printing or downloading them, for your personal use only, to the exclusion of any commercial use. Any other use of the content by you is therefore strictly prohibited. In particular, you must not modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame in any website, transfer and/or create derivative works from, or otherwise use for commercial or public purposes any content of the Website beyond the rights of use permitted by these Terms of Use.
8.4. Numismatica Genevensis reserves the right to take legal action against Users who infringe the intellectual property rights of Numismatica Genevensis or its licensors.
9. Liability
9.1. To the extent permitted by law, and except as otherwise expressly provided in these Terms of Use, Numismatica Genevensis disclaims and excludes all liability for loss or damage of any kind arising out of or in connection with these Terms of Use, the Website, your access to or use of the Website.
9.2. The exclusion of liability defined in Article 9.1 does not apply to the sale of products on the Online Store. The liability of Numismatica Genevensis for the sale of products on the Online Store is governed by the General Terms and Conditions of Sale – Online Store, available [here].
9.3. You assume full responsibility and risk arising from accessing and using of our Website.
10. Indemnities
You agree to indemnify, hold harmless and defend Numismatica Genevensis against any loss, damage, liability and/or claim arising out of or in connection with the following:
I. Your violation of these Terms of Use;
II. Your access to and/or use of the Website;
III. Your violation of any law or regulation applicable to your access to and use of the Website;
IV. Your violation of the rights of third parties, including intellectual property rights.
11. Data protection
11.1. Data protection and security are a top priority for Numismatica Genevensis. Numismatica Genevensis processes the User's personal data in accordance with its data protection policy, available [here].
11.2. By accessing the Website and/or placing an order via the Online Store, you declare that you are aware of the current version of the data protection policy. We may amend this data protection policy at any time.
12. Modifications of the Terms of Use
12.1. Numismatica Genevensis reserves the right to modify these Terms of Use at any time and at its sole and absolute discretion. This right includes the right to modify, add or remove terms from the provisions of the Terms of Use. Any modification will be communicated on the Website. Users are therefore invited to consult the Website regularly.
12.2. All modifications will be effective as soon as they are published on the Website. The amended Terms of Use are deemed to have been accepted as soon as you access the Website after their publication.
13. Survival
If any provision of these Terms of Use is or becomes invalid, void or ineffective, the validity of the remaining provisions or provisions thereof shall not be affected. Any invalid, void or ineffective provision shall be enforced to the fullest extent permitted by applicable law or replaced by a provision that is as close as possible to the provision it replaces.
14. Applicable law and place of jurisdiction
14.1. These Terms of Use shall be governed by and construed in accordance with Swiss law, to the exclusion of conflict of law rules.
14.2. Any dispute arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts of the city of Geneva, subject to appeal to the Swiss Federal Court. Numismatica Genevensis reserves the right to initiate proceedings at the User's place of domicile or habitual residence.
15. Contact
If you have any questions about these Terms of Use, you can contact us by email at boutique@ngsa.ch or by phone at +41 22 320 46 40 [Monday to Friday, 9:00 a.m. to 6:00 p.m.).
Version 1.0 : 06.06.2024