Conditions d’utilisation

OVERVIEW

Welcome to Dialog! The terms "we", "us" and "our" refer to Dialog. Dialog operates this store and website, including all information, content, features, tools, products and services, in order to provide you, as a customer, with a personalized shopping experience (the "Services").

The terms and conditions below, along with the policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, and you give us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or otherwise manage.

To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to disclose such information.

You are solely responsible for the security of your account credentials and any activity related to your account. You are not permitted to transfer, sell, assign or license your account to another person.

SECTION 2 - OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. Please note, however, that the colors or appearance of products may differ from what is shown on your screen depending on the type of device you use to access the store, as well as its settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchased will meet your expectations or be identical to what is presented or rendered in our online stores.

All product descriptions are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Dialog reserves the right to accept or refuse your order, for any reason, at its discretion. Your order is only considered accepted upon written confirmation from Dialog. We must receive and process your payment before your order is finalized. Please review your order carefully before submitting it, as Dialog may not be able to accept cancellation requests once an order has been confirmed. In the event of a refusal, modification or cancellation of your order, we will attempt to contact you using the email address, billing address and/or phone number provided at the time of the order.

Your purchases are subject to our return or exchange terms in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for personal or household use only, and not for commercial resale or export.

SECTION 4 - PRICING AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time of order and will be indicated in your order confirmation email. Unless expressly stated otherwise, displayed prices do not include taxes, shipping fees, handling fees, customs duties or import charges.

Prices displayed on our online stores may differ from those offered in physical stores or on other online platforms operated by third parties. We may, from time to time, offer promotions on our Services that may affect pricing and that are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion's terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that: (i) your credit card information is accurate, correct and complete, (ii) you are authorized to use such card for the purchase, (iii) charges incurred will be honored by your card issuer, and (iv) you will pay charges incurred at the posted prices, including shipping and handling fees and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

We cannot be held responsible for shipping or delivery delays. All delivery times indicated are estimates and are not guaranteed. We disclaim any liability for delays caused by carriers, customs procedures or any event beyond our control. Once products are handed over to the carrier, ownership and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, photographs, videos, graphics, product reviews, audio content, as well as their design, selection and arrangement, are the exclusive property of Dialog, its affiliates or its licensors. They are protected under Swiss, European and international patent, copyright and intellectual property laws.

Any use, reproduction, republication, modification or distribution of our images or any other visual content, without clear attribution (to "Dialog") and without our prior written authorization, is strictly prohibited and legally actionable. This includes, without limitation, use of our images on social media, websites, print materials or any other medium, whether for commercial or non-commercial purposes. Any confirmed violation may result in a request for immediate removal, a claim for financial compensation and/or legal action, in accordance with Swiss and international copyright law.

These Terms authorize you to use the Services solely for personal, non-commercial purposes. You are not permitted to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material found on the Services without our prior written consent. Except as expressly provided in these Terms, nothing shall be construed as granting you a license or any other right to any patent, trademark, copyright or other intellectual property of Dialog or any third party. Any unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted in these Terms are reserved by Dialog.

Dialog's names, logos, product and service names, designs and slogans are trademarks of Dialog, its affiliates or its licensors. You may not use them without Dialog's prior written permission. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party tools as part of the Services, which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind, and without endorsement of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be considered part of the Services and subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.

We disclaim any liability for harm or damage relating to your access to third-party websites, or the purchase or use of products, services, resources or content on such sites. We encourage you to carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK]. By using the Services, you acknowledge that you have read this privacy policy.

The information you submit to us will be processed in order to provide and improve the Services, and may be shared with third parties as needed to fulfill your orders and provide the Services, some of whom may be located in countries other than your country of residence. Please refer to our privacy policy [LINK] for more details on how we and our partners use your personal information.

SECTION 10 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable and non-exclusive license to use, reproduce, modify, publish, distribute and display such Feedback for any purpose, including commercial purposes. For example, we may use our rights under such license to operate, provide, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that: (i) you own or otherwise have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with the submission of your Feedback; (iii) your Feedback complies with these Terms. We have no obligation to (1) maintain the confidentiality of your Feedback; (2) provide compensation for your Feedback; (3) respond to your Feedback.

We may, without obligation to do so, monitor, edit or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, unlawful, abusive or obscene material, or contain any computer virus or malware that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or otherwise mislead us or third parties as to the origin of your Feedback. You are solely responsible for your Feedback and its accuracy. We disclaim any liability and take no responsibility for any Feedback posted by you or any third party.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain information that includes typographical errors, inaccuracies or omissions, including regarding product descriptions, pricing, promotions, offers, shipping charges, transit times or product availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice (including after you have submitted your order).

SECTION 12 - PROHIBITED USES

You may only access and use the Services for lawful purposes. You are strictly prohibited from accessing or using the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, cantonal or local regulation, rule or law; (c) to infringe upon or violate the intellectual property rights of Dialog or third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, use or reuse any content that does not comply with these Terms; (g) to transmit or cause the transmission of any advertising or promotional material, including any "spam", "chain letters", "junk mail" or any other similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Dialog, users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other malicious code that will affect the operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services (including our images and visual content); (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext or otherwise use the Services; (e) use any robot, spider, scraper, crawler, data mining or extraction tool, automated device, AI tools (including agentic AI) or any manual or automatic process to access the Services; (f) interfere with, circumvent or disable any security-related or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and without notice if we determine that you have violated any provision of these Terms.

SECTION 13 - AGENTS

13.1 This section ("Agent Terms") applies if you use, enable, activate or otherwise cause the deployment of an Agent to access, use or interact with the Services. "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of, or under the instruction of, a person or entity, and that may run on a device owned or used by a person, without direct supervision.

13.2 No Agent may access, use or interact with the Services unless it continuously identifies itself and operates in strict compliance with the conditions set out in Section 13.4 below. Additionally, no Agent may access, use or interact with the Services if we have requested that such Agent refrain from accessing, using or interacting with any service.

13.3 We may limit, including through technical measures, the ability and manner in which an Agent accesses, uses and interacts with the Services.

13.4 Agents must: (i) in all HTTP/HTTPS requests, indicate that the request is coming from an Agent and disclose the name of the Agent by including the following in the user-agent string: "Agent/[agent name]"; (ii) not conceal or misrepresent that access, use or interactions are coming from an Agent, including by (a) mimicking human behavior or interaction patterns, or (b) bypassing or completing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) honestly respond to any inquiries or prompts requesting confirmation as to whether interactions are coming from a human or a computer; (iv) not bypass or avoid any measures we may use to block, limit, modify or otherwise control access, use or interactions of Agents with the Services.

SECTION 14 - TERMINATION

We reserve the right to terminate this agreement or your access to the Services (or any part thereof), at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

Information provided on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you, any other visitor to the Services, or anyone who may be informed of any of its content.

UNLESS OTHERWISE EXPRESSLY STATED BY DIALOG, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, 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. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIALOG, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SECTION 17 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Dialog, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers, from any claim, demand, loss, damage or liability, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any such claim, subject to the provision that a failure to promptly notify you shall not relieve you of your obligations hereunder except to the extent that you are materially prejudiced by such failure. We may, at your expense, assume the exclusive defense and control of any matter for which you are required to indemnify us, including the choice of legal counsel, but we will not settle any matter involving non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You agree to cooperate with our defense of any such claims, including by providing us with relevant documentation.

SECTION 18 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us, and govern your use of the Services. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not assign, transfer or delegate this agreement, or any of your rights or obligations under these Terms, without our prior written consent. Any attempted unauthorized assignment shall be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or prior notice.

SECTION 21 - GOVERNING LAW

These Terms of Service, as well as any separate agreements whereby we provide you with Services, shall be governed by and construed in accordance with Swiss law. Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of the Canton of Vaud, Switzerland. You and Dialog expressly consent to the exclusive personal and subject-matter jurisdiction of these courts.

SECTION 22 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect as of the date stated in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION

Questions about these Terms of Service should be directed to us at hi@dialogsocialclub.com.

Our contact information is as follows:
Dialog
hi@dialogsocialclub.com