Terms of Service

1. Object

These general conditions of use (hereinafter the "GTU") govern the terms, rights and limits of use of the website https://www.lahautsurlamontagne.ch (hereinafter the "Site") administered by the Swiss company Là Haut sur la Montagne Sàrl, registered in the commercial register of the Canton of Friborg under number CHE-223.592.860, located at Route de la Poya 11, 1665 Estavannens, Bas-Intyamon.

The Site is active in Switzerland for the online sale of craft beers, other beverages and articles (hereinafter the "Products") and for the online offer of keg and tap rental and tasting services. of its Products (hereinafter the “Services”) under several Swiss word and/or figurative trademarks, including Brasserie Là Haut sur la Montagne Sàrl, Gruérienne, Poya, Désalpe, Bénichon, Juliette (hereinafter “the Trademarks”) .

2. Scope

The T&Cs apply to any Internet user, natural or legal person, using the Site (hereinafter the "User"), including any end consumer (hereinafter the "Private Customer") or any professional customer (hereinafter the after the "Professional Customer"), placing an order (hereinafter the "Order") according to the conditions defined in Articles 2 and 3 of the general conditions of sale of Là Haut sur la Montagne Sàrl applicable to Private Customers and the general conditions of sale of Là Haut sur la Montagne Sàrl applicable to Professional Customers (hereinafter collectively the “GTC”).

LHM may at any time update the T&Cs, which are accessible on the Site by clicking on the “General Terms and Conditions of Use” section. In the event of modification, the T&Cs applicable to the User, Private Customers and Professional Customers are those in force at the time of use of the Site. Therefore, LHM recommends that all Users, Private Clients and Professional Clients keep themselves regularly informed of the T&Cs in force.

3. Acceptance of the T&Cs

By using and accessing the Site, the User, the Private Client and the Professional Client acknowledge having read, understood and unreservedly accepted the T&Cs.

4. Access and availability of the Site

LHM strives to ensure the availability of the Site 24 hours a day, 7 days a week. However, it may happen that access to the Site is interrupted as part of maintenance operations, hardware upgrades or software or emergency repairs to the Site, or as a result of circumstances beyond LHM's control, including the possible failure of telecommunications links and equipment. LHM undertakes to take all reasonable measures to limit these disturbances, insofar as they are under its control. However, LHM assumes no liability for any unavailability, suspension or interruption of access to the Site. LHM recalls that the Internet, which offers Users, Private Customers and Professional Customers access to and use of the Site for browsing and placing an Order, is constituted by the interconnection on an international scale of computer networks using the TCP/IP standard. The operation of the Internet is based on voluntary cooperation between the operators of the different networks, which may have unequal transmission capacities and their own usage policies. LHM cannot guarantee the proper functioning of the Internet, nor therefore the lack of partial or total access to the Site.

5. Privacy and Security

Regardless of the nature of the personal information, such as Last Name, First Name, Company Name, Address, E-mail Address, Main Telephone, Direct Telephone, Username and Password (hereinafter collectively the "Personal Data ") of the Private Customer or the Professional Customer that he has communicated to LHM, either for the conclusion of a sales contract in application of Article 3 of the GCS, or that LHM collects them automatically, LHM undertakes to make every effort to treat them with the strictest confidentiality, to ensure their protection and to make rigorous use of them only to carry out the requests of the Private Client or the Professional Client or to improve the services likely to be offered to the User , to the Private Client or to the Professional Client on the Site. The Private Customer and the Professional Customer have complete information on the use that may be made by LHM of their Personal Data, in article 4 of the GCS. The Private Client and the Professional Client may at any time exercise their right of access, rectification or opposition to their Personal Data from their Contact or their Account or by writing an E-mail to LHM at the address contact@lahautsurlamontagne.ch .

6. Intellectual Property

LHM benefits from all exclusive intellectual property rights on all elements (drawings, models, illustrations, images, soundtracks, texts) constituting the Site, including all exclusive operating rights relating thereto. Private Clients, Professional Clients and any User are prohibited from reproducing in whole or in part, by any process whatsoever, distributing, publishing, transmitting, modifying or selling all or part of the content of the Site. , or create derivative works from it. LHM is the owner of the registered and unregistered Trademarks, of all other trademarks and logos in relation to the Products and/or Services appearing on the site, and benefits from all the exclusive operating rights relating thereto as well as to the domain name “ lahautsurlamontagne.ch”. Any reproduction, distribution, transmission, modification or use of the Trademarks and/or any other trademarks, logos in relation to the Products and/or Services identical or similar to those of LHM and/or the domain name “lahautsurlamontagne.ch” for any reason whatsoever is prohibited. It is forbidden for any User, any Private Client and any Professional Client to delete any work appearing on the Site and protected by copyright, Trademarks, other signs or any content which appears there. Any User, any Private Client and any Professional Client may make a single copy of the Internet pages published on the Site for their private, personal and non-commercial use, provided that any copy of these Internet pages retains all the "copyright" notices ( copyright) and exclusive rights of use contained therein.

7. Hypertext links to third-party sites

The Site may contain hypertext links to third-party sites not published or controlled by LHM. These links are only present on the Site for informational or advertising purposes. LHM never provides Personal Data to third party websites, which work on their own behalf. The presence of these links on the Site does not constitute an express or implicit endorsement by LHM of these sites, their content, and/or any product or service offered there. Consequently, LHM cannot be held responsible for the access and/or use by Users, Private Customers and Professional Customers of third-party sites and/or their content from the hypertext links contained in the Site. .

8. Limitation of Liability

LHM incurs no liability towards the User, the Private Client, the Professional Client or a third party for:

• Any unavailability, suspension or interruption of the Site referred to in Article 4 of the T&Cs.
• All risks related to the installation of software that may allow consultation of the Site or for any damage resulting from transmission errors, technical faults, overloads or interruptions of communications, as referred to in Article 6 of the GCS.
• Any access and/or use by Users, Private Customers and Professional Customers of third-party sites and/or their content from the hypertext links contained in the Site, as defined in Article 7 of the T&Cs.
• Any direct, indirect, incidental, special or incidental damage resulting from the use of the Site or the inability of the User, Private Client or Professional Client to use it.
• Any direct or indirect damage caused by force majeure, as defined in article 11 of the T&Cs. This disclaimer applies to the fullest extent permitted by law.

9. No Warranty

LHM cannot warrant or represent that:

• The Site is free of viruses, data crushing programs, Trojan horses or other destructive material.
• The information contained in the Site is exhaustive, complete, exact, or up to date.

The Site may contain technical inaccuracies or other faults, LHM does not guarantee the correction of these faults. The Site and its content are presented "as is". LHM expressly disclaims all warranties of any kind, whether express or implied.

10. Social networks

Users, Private Clients and Professional Clients are authorized to connect to the Site's social networks through their profiles or to subscribe to the Site's social network pages. By connecting to these profiles and subscribing to the social network pages of the Site, Users, Private Customers and Professional Customers do so under their own responsibility and agree to be bound by the conditions of use of the social network. corresponding.

11. Force majeure

Are considered as constituting a case of force majeure, any event, outside the control and/or independent of the will of LHM. This is, without this list being exhaustive, the following cases, because of their unpredictable and irresistible nature:

• Natural disaster, frost, fire, storm, flood and epidemic.
• Supply difficulties, strike, lockout, or any other action or social conflict.
• Malfunction or interruption of communication channels, national or international postal services.
• Break in electronic supply, interruption of electronic network and/or communication lines, likely to affect the service(s) of LHM.

In the event of force majeure, LHM incurs no liability, whether contractual or tort, for any damage caused directly or indirectly by force majeure and is therefore not liable for any compensation to the regard to the User, the Private Client, the Professional Client or a third party.

12. Modification of the Site

LHM reserves the right to modify the Site at any time without the interruption caused by this modification giving rise to any right to compensation to the User, the Private Client, the Professional Client or a third party for any possible direct damage. or indirect resulting therefrom. It is the responsibility of Users, Private Customers and Professional Customers to periodically check the latest updated version of the T&Cs.

13. Partial invalidity

In the event that any provision of the T&Cs is deemed null, illegal or inapplicable by a court decision having acquired the authority of res judicata, the nullity or inapplicability of this provision will not invalidate the other provisions provided for in these T&Cs, which remain in full force.

14. Applicable law and jurisdiction