TERMS & CONDITIONS
1st-og.com is operated and owned by Titolo GmbH, 3600 Thun. Titolo GmbH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices started here. Throughout the site, the terms “Titolo”, “we”, “us” and “our” refers to Titolo GmbH.
1. General Conditions
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
Titolo only accepts orders made through the website’s order system. For your information, you will receive an order receive-confirmation email first when you submit your order. After checking availability, you will get an order-confirmation email. The contract comes only into force when your order is confirmed after checking availability by us. We reserve the right to refuse any order you place with us. We might, in our sole discretion, limit or annul quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We sell only 100% authentic shoes. All Products on our Website are solely provided directly by the brand or their official distributors. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy in clause 10. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
When you create an account on our website, your information must be accurate, complete, and current at all times. Failure in your information leads to a break of our terms, which may result in immediate termination of contract and any other business relation. You are responsible for conserving the password that you use to access the Service safely and for any activities or actions under your account. You agree not to reveal your password to any unauthorized third-party. You must notify us immediately upon becoming aware of any inflignation of security or unauthorized use of your account.
4. User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. It is not allowed to use a false e-mail address, pretend to be somebody other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
5. Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
6. Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Payment for goods must be made in accordance with the procedure explained in the information page “Payment”. Your payment will be confirmed by e-mail!
You will find additional shipping and other detail information in the “shipping” page. We reserve the right to change our carrier at any time without notice. We do not guarantee that the mentioned delivery time applies in any case. It might occur that in special cases deliveries take longer than expected but it is our highest effort to send out the parcels as fast as possible.
Should you refuse to accept the delivery or fail to pick up your parcel at the delivered address, the carrier will be forced to return the parcel to Titolo. In that case, you will be charged for returning and re-delivering costs. This also applies when you provide incorrect shipping information.
You can change the price currency to CHF, EUR or US$. If you are outside of Switzerland and not a European customer, the prices of our products do not includes duties, VAT and taxes or custom dues of your country. For all other within Europe and Switzerland prices are inclusive VAT. In case of shipment to France or Great Britain, prices are including local legal vat.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Since we check all goods before sending out, we do not exchange any good. All sales are final. We just accept returns due to damaged good or defectives through transportation. If we have approved a return, items need to be returned with proof of purchase within 7 days upon receipt. We do not take responsibility for losses of or damages to returned goods during transit. Usage of a trackable system to return any items to us is strongly recommended. Refund will take place after we received the retuned goods. Returns without any query approval will not be accepted. Please do not send your purchase back without any query approval to us or to the manufacturer.
Following cancellation or approved return, we will refund you the price paid for the cancelled order (or part of the order), minus any collection or return charges (if any). We will also refund any standard delivery charges paid, or an amount equal to those charges if you elect to use a more expensive delivery method. We will pay the refund within 30 days after the day:
- You notified us to cancel your order, where you have not received the goods (and the goods have not been dispatched to you) or where we have agreed to collect the goods; or,
- We receive the approved goods you returned to us, where you are in receipt of the goods.
In case of cancellation, we will refund you using the same means of payment as you used to pay for your order. In case of damaged goods and approved returns, we will refund you first with a voucher as high as the paid amount. We may withhold any refund until we have received the goods or you have supplied proof of return for the goods.
We will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for authorized goods.
We disclaim any liability for any losses or damages, as far as this is allowed by the laws of Switzerland. If other than swiss laws are applicable, Titolo’s liability for negligence shall be limited to the total value of the transaction.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Titolo GmbH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
All the information you provide to Titolo including your email address, delivery address and credit card details are strictly private and confidential. In the unfortunate event that your information has been leaked or misused, Titolo cannot be held liable for any losses incurred to you.
We may also obtain information about your online movements and use of the internet. We do this by placing a ‘cookie’, which is a small file, on your computer’s hard disk. Cookies are small text files that are placed on your computer for this purpose. Most of the cookies used by us are deleted from your hard drive at the end of your browsing session.
We place great importance on the security of all personally identifiable information associated with our users. We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. We will use technical and organizational measures to safeguard your personal data, for example, the access to your account is controlled by password and username, which are unique to you, your personal data is stored on secure servers and payment details are encrypted using SSL technology.
You should bear in mind that submission of information over the internet is never entirely secure. We cannot guarantee the security of information whilst it is in transit over the internet and any such submission is at your own risk. All we can do is use all our reasonable efforts to safeguard your data and ensure that we maintain a reliable and safe environment to use your data. It is advisable to close your browser when you have finished your user session to help ensure others do not access your personal information if you use a shared computer or a computer in a public place.
15. Intellectual property rights
Titolo is the owner of the designs and content of this website. They are protected by copyright and other intellectual property rights. No part of this site may be copied, reproduced, modified, distributed, displayed, posted, or transmitted without permission. All trademarks, product names and company names or logos featured on this website are the property of their respective owners.
16. Right to alter terms and conditions
We reserve the right to change the terms and conditions without notice.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
These Terms shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.