SITE TRANSACTIONS We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. 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 we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, RISING SUN GLASSES ™ shall issue you a refund.
PRODUCT INFORMATION Most RISING SUN GLASSES ™ products displayed on the Site are available only at www.risingsunglasses.com. In some cases, all merchandise displayed on the Site may not be available for sale. COLORS We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
INDEMNIFICATION You agree to defend, indemnify and hold harmless RISING SUN GLASSES ™, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
CHOICE OF LAW These Conditions shall be construed in accordance with the laws of Switzerland / AR, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the courts of Switzerland / AR.
LINKS TO OTHER WEBSITES This Site may contain links to outside services and resources. You acknowledge that (A) RISING SUN GLASSES ™ is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) RISING SUN GLASSES ™ is not responsible for any other form of transmission received from any linked site. RISING SUN GLASSES ™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by RISING SUN GLASSES ™ of the site. Any concerns regarding any such link should be directed to the particular third party website.
TERMINATION These Conditions are effective unless and until terminated by either you or RISING SUN GLASSES ™. You may terminate these Conditions at any time. RISING SUN GLASSES ™ also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in RISING SUN GLASSES ™ sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.
DISCLAIMER THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, RISING SUN GLASSES ™ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RISING SUN GLASSES ™ DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. RISING SUN GLASSES ™ DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. RISING SUN GLASSES ™ RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. LIMITATION OF LIABILITY IN NO EVENT SHALL RISING SUN GLASSES ™ OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF RISING SUN GLASSES ™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST RISING SUN GLASSES ™ FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF RISING SUN GLASSES ™ IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, RISING SUN GLASSES ™’ LIABILITY SHALL NOT EXCEED CHF 50.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
MISCELLANEOUS Unless otherwise specified and except to the extent RISING SUN GLASSES ™ products are offered for sale in select markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting RISING SUN GLASSES ™ products and services available in select markets. This Site is controlled and operated by RISING SUN GLASSES ™ from its offices in Switzerland. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of RISING SUN GLASSES ™ to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. If you access the Site from a location outside Switzerland, you are responsible for compliance with all local laws.