LEGAL DISCLAIMER
Note: Comprehensive jurisprudential framework governing intellectual property references, third-party trademarks usage, visual assets reproduction rights, and statutory liability limitations applicable to our commercial operations
What are the specific provisions and applicable Swiss federal regulations outlined in our Legal Disclaimer regarding intellectual property rights, third-party trademark references, and liability limitations?
1. Information and Content Accuracy
Note: This is an English translation of our official LEGAL DISCLAIMER. The French version of this LEGAL DISCLAIMER is legally binding and shall prevail in case of any discrepancy or inconsistency between the two versions.
In accordance with Art. 3(b) of the Swiss Federal Act against Unfair Competition (UCA, RS 241) and Art. 41, 97 et seq. of the Swiss Code of Obligations (CO, RS 220), the technical data, specifications, descriptions, illustrations, and information provided on this website have been diligently verified but are provided subject to typographical, technical, or factual errors. No express or implied warranty is given regarding the completeness, accuracy, reliability, or timeliness of this information. In accordance with Art. 8 UCA and the jurisprudence of the Swiss Federal Supreme Court (ATF 144 III 285), we expressly reserve the right to modify, supplement, delete, or temporarily suspend all or part of the content of this website without prior notice, and such modifications shall not engage our contractual liability under Art. 100 CO.
2. References to Trademarks and Manufacturers
Commercial names, registered trademarks, product names, logos, emblems, distinctive signs, type designations, product codes, technical standards, diagrams, corporate colors, slogans, technical references, and/or descriptions belonging to third-party manufacturers are cited on this website exclusively for technical identification, compatibility, and comparative reference purposes. This use is legitimized by Art. 13(2)(c) and (d) of the Swiss Federal Act on the Protection of Trademarks (TmPA, RS 232.11), by the consistent jurisprudence of the Federal Supreme Court (notably ATF 126 III 239; ATF 129 III 514), and by the principle of exhaustion of rights (Art. 13(1) TmPA). In accordance with Art. 16a UCA, this use constitutes neither deception nor an act of unfair competition.
The use of these distinctive elements does not imply the existence of a commercial relationship, distribution agreement, license, official approval, commercial partnership, or any affiliation between our company and the holders of said trademarks. Our company is not subject to any contractual, commercial, or exclusivity obligation towards these manufacturers and maintains its full commercial autonomy in accordance with the constitutional principle of economic freedom (Art. 27 Federal Constitution, RS 101).
3. References to Competitions, Events and Personalities
Appellations, denominations, designations, technical terms, and descriptions relating to competitions, sporting events, manifestations, events, names of drivers, personalities, symbols, distinctive numbers, liveries, color combinations, performance data, technical results, records, and historical references are used strictly for documentary, informative, and technical reference purposes. This use complies with the principle of freedom of information enshrined in Art. 16 of the Swiss Federal Constitution (RS 101), Art. 13 TmPA, and the federal jurisprudence on trademark law (TF 4A_128/2012; ATF 140 III 297).
These mentions do not imply any official affiliation, contractual link, sponsorship, approval, homologation, or formal authorization by the entities, organizations, federations, or persons mentioned. Any contrary interpretation is expressly excluded.
4. Use of Images, Photographs and Visual Elements
Images, photographs, graphic representations, technical diagrams, drawings, and visual elements, including those showing products or bearing third-party trademarks, are used within the limits authorized by Swiss copyright law (Art. 11, 12, and 25 of the Federal Act on Copyright and Related Rights, CopA, RS 231.1; ATF 132 III 379; ATF 138 III 31) and trademark law (Art. 13 TmPA), particularly for the purposes of objective information, technical documentation, and comparative presentation.
These visual representations may show products with particular specifications, specific accessories, optional configurations, or variants that may differ from the standard products offered for sale. Chromatic variations, differences in appearance, design, proportions, or specifications between visual representations and actual products do not constitute a lack of conformity within the meaning of Art. 197 et seq. CO.
The use of these representations is made either with the express authorization of the rights holders or within the framework of exceptions provided by law, particularly for public information (Art. 13(2) TmPA) and citation (Art. 25 CopA).
5. Intellectual Property Rights
In accordance with the Federal Act on Copyright and Related Rights (CopA, RS 231.1), all constituent elements of this website, including texts, structures, databases, computer programs, graphic elements, photographs, videos, sounds, names, acronyms, and logos, are protected by intellectual property rights and remain the exclusive property of our company or their respective owners who have granted a license for use.
Any extraction, reproduction, representation, adaptation, modification, distribution, or use, in whole or in part, on any medium whatsoever, of these elements without prior written and express authorization is strictly prohibited and would constitute a violation of copyright (Art. 67 et seq. CopA) and/or an infringement that may engage the civil (Art. 41 and 62 CO) and criminal (Art. 67 et seq. CopA) liability of its author.
6. External Links and Third-party Information Sources
Hyperlinks and references directing to external sites or resources are provided for informational purposes only. In accordance with the consistent jurisprudence of the Federal Supreme Court (ATF 145 IV 462; 121 IV 109), our responsibility cannot be engaged regarding the content, accuracy, legality, or availability of these third-party sites. Establishing a link to these sites does not imply approval or validation of their content.
In the event of illicit content on these linked sites, exclusive responsibility lies with their operators and owners, in accordance with the general principles of civil liability (Art. 28 Swiss Civil Code and Art. 41 CO) and the provisions relating to hosts and service providers (ATF 145 IV 462).
7. Limitation and Exclusion of Liability
In application of Art. 100 and 101 of the Swiss Code of Obligations (CO, RS 220), our contractual and tort liability is expressly limited to cases of intentional fault (willful misconduct) and gross negligence. Our liability for damages caused by auxiliaries in the performance of their work is entirely excluded within the limits authorized by Art. 101(2) CO.
In accordance with Art. 43 and 44 CO, damages are strictly limited to direct and foreseeable damages, excluding any indirect, consequential, or incidental prejudice, notably loss of profit, loss of opportunity, loss of data, or damage to reputation.
For any product, our cumulative financial liability is capped at the purchase price actually paid for said product, unless otherwise provided by mandatory legal provisions. The aforementioned limitations and exclusions of liability apply to the fullest extent permitted by Swiss law and regardless of the legal basis of the liability invoked.
8. Applicable Law and Jurisdiction
This LEGAL DISCLAIMER, as well as all legal relationships between our company and the users of this website, are exclusively governed by substantive Swiss law, excluding its rules on conflict of laws and any international convention, particularly the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG, RS 0.221.211.1).
The exclusive place of jurisdiction for any dispute arising directly or indirectly from the use of this website is set in Neuchâtel, Switzerland. Nevertheless, we reserve the right to bring an action at the user’s domicile or before any other competent court. Mandatory jurisdictions provided by law, particularly in matters of consumption (Art. 32 Swiss Civil Procedure Code, CPC, RS 272), remain reserved.
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