Terms of Use and General Conditions

Terms of Use and General Conditions

Welcome to jorgensenfoods.ch , www.jorgensenfoods.com, and any additional websites Jørgensen Foods™ SARL. (hereinafter referred to as “Jørgensen™”) may create from time to time (collectively referred to as the “ Websites” ).
Please read the terms and conditions carefully before accessing, browsing, or otherwise using our Website(s).
By using the Jørgensen™ Electronic Platforms, you agree to be legally bound by all the terms and conditions contained in this Terms of Use and General Conditions (“Agreement”). If you do not agree to these terms and conditions, please do not use our sites. Please print a copy of this Agreement for your records.

 

TERMS & CONDITIONS FOR WEBSITES USE

1. Acceptance of Terms of Use and General Conditions

Use of these Websites are conditioned upon user's acceptance of the Terms of Use and General Conditions contained herein. All users of these Websites hereby understand and agree that their use of such Websites constitutes acceptance of the terms of use and general conditions set forth in this Agreement. Jørgensen™ reserves the right to modify the terms and conditions at any time without prior notice.

The Jørgensen™ websites are operated by Jørgensen Foods
™ SARL and or its service providers, a privately held limited liability company owned by its senior management.

 

1.1 Changes to the Terms and Conditions
Jørgensen™ reserves the right, in its sole discretion, to change these Terms of Use and General Conditions at any time without prior notice.

Please check on the Websites periodically for any changes we may make to these Terms of Use and General Conditions. Your continued use of these Websites following any changes of these Terms of Use and General Conditions means you accept the changes.

 

1.2 Termination

We may suspend or terminate your use of the Websites at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Websites at any time without prior notice.

2. Applicability

These general conditions are applicable to

(i) the purchase of any services offered by Jørgensen™ as well as any services offered on the websites : www. jorgensenfoods.ch, www.jorgensenfoods.com, and on any additional marketing and or infomercials websites we may create from time to time ; and

(ii) the use of all content included on these Websites, such as any information, documents, logos, graphics, audio clips, images, data, videos, charts, features, music and or any other services on these Websites.

2.1 Eligibility

Access to and use of the Websites is made available only to individuals who can form legally binding agreements under applicable law.
The Websites are intended for a broad audience and are not intended to be used by minor children. Children desiring to access the Websites should obtain the permission and assistance of a parent or legal guardian.

2.2 Inquiring about Services on the Websites

If you wish to inquire about any service made available through the Websites you need an e-mail address to request an offer.
You may be asked also to supply certain information relevant to your inquire including, without limitation, your address, and other information.
You will also need to set your browser to accept cookies and pop-ups in order to make full use of the Jørgensen™ Website(s).

 

3. Linked Websites

Jørgensen™ Website(s) may contain links to other websites.
These links are provided simply to help the user. These websites are independent of Jørgensen™ Websites and Jørgensen™ can not control their content. The inclusion of these links does not mean that Jørgensen™ endorses or accepts any of the content contained in such websites.
Jørgensen™ shall not be liable for the use and or the content of other websites that are linked to our Website(s) or which are linked from them.

3.1 Prohibited Use
Any use of these Websites for unlawful and or unacceptable purposes is strictly prohibited. User agrees that it will not use these websites to engage in any activity that could be deemed illegal, and or damaging to others.
User agrees that any and all information transmitted to or with the use of these Websites can not and shall not be deemed confidential or proprietary.

3.2 Termination.
We may suspend or terminate, at our own discretion, your use of the Website(s) at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect and or features of the Website(s) at any time without notice.

 

4. Security

Jørgensen™ has implemented one of the most robust encryption platforms available : SSL secure socket layer technology.
All your information will be encrypted from the moment you enter it our website(s) . No information is saved on a public server.

Despite the fact that we use encrypted security software, the security of information transmitted by the Internet or via e-mail can not be 100% guaranteed. Jørgensen™ and its affiliated entities shall not be liable for any damages suffered as a result of the use of electronic means of communication, including – but not limited to - damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

5. Validity of Offers

The offers on the Websites are valid only the moment that they are displayed on the Website(s), unless a specific term is informed on the Website(s). We are not bound by any offer in the event of spelling, pricing or other errors or mistakes in the Website(s) information. We reserve the right to cancel any purchase concluded in the event of such error.

 

5.1. Limitations of Liability

JORGENSEN™ AND ITS AFFILIATED ENTITIES SHALL NOT BE LIABLE, AND WE ASSUME NO RESPONSIBILITY, FOR ANY DAMAGES TO YOUR COMPUTER, EQUIPMENT, COMMUNICATION SYSTEM, OR ANY OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITES OR YOUR DOWNLOADING OF ANY CONTENT AND INFORMATION FROM THE WEBSITES.
IN NO EVENT WE WILL BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND DERIVED FROM THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITES, ANY WEBSITES LINKED TO THE WEBSITES, OR THE CONTENT, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY INCIDENTS WITH ANY OF THE WEBSITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES.

5.2 We are not liable for damages as a result of incorrect information on the Websites.

5.3 In the event you suffer damage as a result of our gross negligence or willful misconduct, none of the limitations in this article apply.

 

6. Disclaimers

ANY USE OF ANY CONTENT ON THE WEBSITES IS AT YOUR OWN RISK. THE SERVICES PROVIDED IN CONNECTION WITH THE WEBSITES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR REPRESENTATIVES, SUBCONTRACTOR, PARTNERS AND AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITES OR ANY CONTENT, INFORMATION OR SERVICES PROVIDED OR MADE AVAILABLE THEREIN. THE WEBSITES MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE THE WEBSITES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE CONSULT YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

 

6.1 Outsourced Service Providers

Jørgensen Foods™ SARL. is a full-service procurement, sales, marketing and outsourcing services company . Jørgensen™ outsources a variety of services and products from producers, brokers and also from third party professionals, subcontractors , outside providers and partners. Such products include, but are not limited to : beef, pork, poultry and fruits.

 

7. Force Majeure
Notwithstanding any other provision set forth in these terms of use and general conditions, Jørgensen™ and its partners or affiliated entities shall not be liable for any failure or delay in its performance due to any cause beyond its control, including, without limitation, any act of war or civil insurrection, acts of God, riot, fire vandalism, hurricanes, storms, embargo, explosion, act of terrorism, sabotage, strikes , lockouts, work stoppages or other labor difficulties, supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Jørgensen™ and or its partners and or affiliated entities shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances

8. Indemnification

UNLESS PROHIBITED BY APPLICABLE LOCAL MANDATORY LAW, YOU AGREE TO INDEMNIFY
DEFEND, AND HOLD HARMLESS JORGENSEN™ AND OR ITS PARTNERS AND OR AFFILIATED ENTITIES., ITS OFFICERS, REPRESENTATIVES, DIRECTORS, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS AND RETAIL PARTNERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AND SUBSIDIARIES, FROM AND AGAINST ALL LOSS, COST, DAMAGE OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES AND LEGAL COSTS) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM, DEMAND OR ACTION ARISING FROM OR IN CONNECTION WITH YOUR BREACH OF THESE TERMS OF USE AND GENERAL CONDITIONS. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.


9. User Content

9.1 If you post any ideas, comments, remarks, questions, drawings, pictures, data, graphics, opinions, designs, customizations, or any other information on the Website(s), or if you send such content through the Website(s) to Jørgensen™ , this will become the exclusive property of Jørgensen™ .
Said content or other information you send to the Website(s) should not contain, material which is offensive, pornographic, fraudulent, deceptive, misleading, in violation of a copyright, illegal or likely to infringe any applicable law, civil, criminal or religious, or otherwise objectionable to Jørgensen™.
You agree that all material submitted to us belongs to you, and is not copied in whole or part from any third party. Do not send anything that is required to be kept confidential.


10. Applicable Law

These general conditions, your rights and obligations, our rights and obligations and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Websites shall be governed by laws of the Principality of Monaco without regard to principles of conflicts of law.


11. Severability

If one or more of the provisions contained in these terms of use and general conditions are held to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms of use and general conditions and the balance of these terms of use and general conditions shall be enforceable.


12. Trademarks and copyright on Jørgensen™ Websites

Jørgensen Foods™ , Jørgensen Fruits™ or Jørgensen Farms™ , are trademarks of Jørgensen Foods™ S.a.R.L. in Europe, USA and other countries with all rights reserved .
These Websites contains many trademarks, service marks, trade names, copyrights, and or logos of Jørgensen™, and or third party trade mark or trade name holders. Such marks and or trade names remain the property of their respective owners. You are not allowed to use of reproduce any such trade marks or trade names. This may constitute an infringement of the holders' rights. User recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of these Websites, any right, title, or interest in the marks or trade names . User agrees that it will not change, modify, electronically copy or print any portions of the Websites to the extent this is necessary for the purpose of placing an order with us. All rights to these marks are reserved. You are not allowed to make any other use of the information and materials on these Websites, including reproduction for purposes other than those noted above, republication, modification, or distribution. Any use of the marks without expressed written authorization of Jørgensen™ is strictly prohibited.

13. Relationship

Nothing in this terms of use and general conditions is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other Party.

14.Entire Agreement

These terms of use and general and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter.

15. Miscellaneous.

If any part of these Terms of Use and General Conditions is determined to be invalid or unenforceable pursuant to applicable law, rule, regulation or order, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use and General Conditions shall continue in effect. Certain provisions of these Terms of Use and General Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Website(s).

16. Additional Help

For any questions or concerns relating to the Jørgensen™ Website(s) please contact us at: info@jorgensenfoods.com