Titolo is owned and operated by Titolo AG, 8001 Zurich (CHE-106.828.943). Titolo AG offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Throughout the site, the terms “Titolo”, “we”, “us” and “our” refer to Titolo AG, 8001 Zurich (CHE-106.828.943).

 

1. general conditions

By using this Website, you represent that you are at least the age of majority in the state or province where you reside, or that you are of legal age in the state or province where you reside and have given us your consent to allow one of your minor dependents to use this Website.

Titolo will only accept orders placed through the Site’s ordering system.

We assume no responsibility if the information provided on the Website is not accurate, complete or current. The material on this Website is for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this website is at your own risk.

You agree not to reproduce, duplicate, copy, sell, resell, or market any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.

When you click on links in our store, they may take you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Violation or breach of any of the terms will result in immediate termination of services.

 

2. product

We only sell 100% authentic shoes. All products on our website are only offered directly by the brand or its official distributors. Certain products or services may only be available online through the website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our return policy in Section 11. We have made every effort to represent as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor will display every color correctly.

We reserve the right, but have no obligation, to restrict the sale of our products or services to any particular person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All descriptions of products or product prices are subject to change at any time without notice and at our sole discretion. We reserve the right to discontinue any product at any time. Any offers for any product or service made on this website are void where prohibited.

We do not warrant that the quality of any product, service, information or other material purchased or received by you will meet your expectations or that any errors in the service will be corrected.

Titolo makes no warranty that the products listed will be available at the time you place your order. Therefore, all information regarding availability and delivery time is provided without warranty and is subject to change at any time without prior notice.

 

3. accounts

When you create an account on our website, your information must be accurate, complete and current at all times. Any deficiency in your information will result in a breach of our terms and conditions, which may result in immediate termination of the Agreement and any other business relationship. You are responsible for the safekeeping of the password you use to access the Service and for all activities or actions on your account. You agree not to disclose your password to any unauthorized third party. You must notify us immediately if you learn of any breach of security or unauthorized use of your account.

Titolo assures to keep your data confidential and not to disclose it to unauthorized third parties. For more information on data protection, please see our Privacy Policy.

Registration is free of charge. Each customer is only entitled to one customer account. We reserve the right to delete multiple applications. Titolo is not obliged to accept the registration or the order of a registered customer.

 

4. user comments, feedback and other submissions.

If you submit certain Submissions (e.g., Contest Entries) to us in response to our solicitation, or submit creative ideas, suggestions, proposals, plans or other materials (collectively, “Comments”) to us through the Site, by email, by mail or otherwise without our solicitation, you agree that we may edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you submit to us at any time and without restriction. We are not and will not be obligated to (1) keep any Comments confidential, (2) pay any compensation for any Comments, or (3) respond to any Comments.

We may, but have no obligation to, monitor, edit or remove any Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or infringes any party’s intellectual property or these Terms of Use.

You agree not to infringe any third party rights, including copyright, trademark, privacy, personal or other personal or proprietary rights, with your comments. You further agree that your comments will not contain defamatory or otherwise unlawful, offensive or obscene material, or computer viruses or other malware that may interfere in any way with the operation of the Service or any related website. You may not use a false email address, impersonate anyone else, or otherwise mislead us or any third party as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. We assume no responsibility or liability for any Comments posted by you or any third party. We reserve the right to terminate your use of the Service or any related website for any prohibited use.

 

5. prohibited Use

In addition to other prohibitions set forth in the Terms of Use, you are prohibited from using the Site or its content as follows: (a) for any unlawful purpose; (b) to solicit others to engage in or participate in any unlawful activity; (c) to violate any international, federal, provincial or state regulation, rule, law or local ordinance; (d) to interfere with or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, injure, defame, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or physical disability; (f) to transmit false or misleading information; (g) for uploading or transmitting viruses or any other type of malicious code that is or may be used to interfere in any way with the functionality or operation of the Service or any related website, other websites or the Internet; (h) for collecting or tracking the personal information of others; (i) for spamming, phishing, pharming, faking, spidering, crawling or scraping; (j) for obscene or immoral purposes; (k) to compromise or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for any prohibited use.

 

6. errors, inaccuracies and omissions.

Occasionally, there may be information on our website or offered service that contains typographical errors, inaccuracies or omissions, which may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update any information or cancel any order if any information in the Offered Service or on any related website is inaccurate, at any time and without prior notice (including after you have placed your order).

We assume no obligation to update, change or clarify any information in the Offered Service or on any related website, including, but not limited to, pricing information, except as required by law. No stated update or refresh date applied in the Offered Service or on any related website should be construed as an indication that all information in the Offered Service or on any related website has been changed or updated.

 

7. conclusion of contract

The presentation of the products on the website www.Titolo does not constitute a legally binding offer, but only a non-binding online catalog or a non-binding invitation to the clientele to order the product on the website.

You can place a binding order for the selected products on our website. You can place the selected products in the shopping cart on the website. This is not yet considered a binding order. An order is only considered binding when you click on “place order” at the end of the ordering process on the order page.

For your information, you will first receive an e-mail confirmation when you submit your order (this is not the order confirmation). After checking availability, you will receive an order confirmation by email. The contract is not concluded until we confirm your order after checking availability. The contract is concluded between the purchaser (end customer) and Titolo AG.

We reserve the right to refuse any order you place with us. Reasons for rejecting an order can be, in particular, if a product is no longer available, if we cannot obtain authorization for the customer’s payment, or if there is reason to believe that the customer is acting in violation of these GTC or individual contracts, is engaging in fraudulent or other criminal activity, or for any other important reason. We may, in our sole discretion, limit or cancel purchase quantities per person, per household, or per order. These limitations may include orders placed from or under the same customer account or credit card, and/or orders placed with the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting you at the email/billing address/phone number provided at the time the order was placed.

 

8. payment

Payment for the goods must be made according to the procedure explained on the information page “Payment”. Your payment will be confirmed by e-mail!

 

9. shipping

You can find more shipping and other detailed information on the “Shipping” page. We reserve the right to change the shipping company at any time and without notice. In Switzerland we ship with Swiss Post and internationally with UPS and in some cases with GLS. We do not guarantee that the stated delivery time applies in every case. It may happen that in special cases the delivery takes longer than expected, but it is our highest effort to send the packages as soon as possible.

If you refuse to accept the delivery or do not pick up your package at the delivery address, the delivery person will be forced to return the package to Titolo. In this case, you will be charged for the cost of return and redelivery. This also applies if you provide incorrect shipping information.

 

9A. cancellation

If you wish to cancel your order, please email us atĀ [email protected]Ā Once the order is in the shipping process, it cannot be cancelled. We will refund your money within 15 days from the cancellation date.

 

10. prices

We accept the price currencies CHF and EUR. If you are located outside of Switzerland and are not a European customer, the prices of our products do not include customs duties, VAT and taxes or customs duties of your country.

For orders and shipping within Switzerland, prices include VAT.

No additional costs for customers, no matter if the value of goods excl. VAT is above or below EUR 150.00:

For orders and shipping to the EU, there are no additional costs for the end customer. If the value of goods excl. VAT of an order is below EUR 150.00, the processing, customs and import VAT costs are fully borne by Titolo AG. The Incoterms DDP apply.

If the value of goods excl. VAT of an order exceeds EUR 150.00, the end customer has to pay the handling, customs and import VAT costs additionally. The Incoterms DAP shall apply. However, in deviation from the Incoterms DAP, it is agreed that the end customer commissions Titolo AG to arrange customs clearance independently, but for and on behalf of the end customer. Reimbursement of the resulting costs by the End Customer to Titolo AG will be made by prepayment at the time of the order. This means that the end customer pays the price he sees in the web store.

The prices of our products are subject to change without notice. We reserve the right to change or discontinue the service (or any part or content thereof) at any time without notice. We will not be liable to you or to any third party for any modification, price adjustment, suspension or discontinuance of the Service.

 

11. returns

Because we inspect all merchandise prior to shipment, we do not exchange merchandise. All sales are final. We accept returns due to damaged merchandise, a misdelivery, or defects resulting from shipping.

Before returning the goods, it is mandatory to fill out the return form, which can be accessed through the link. Payment will be refunded after the product has been received and inspected at our central warehouse. Returns without a completed return form will not be accepted.

Returns of unworn, originally packaged products can be sent within 7 days of receipt at your own postage cost to the following address:

 

Maier Spedition GmbH c/o Titolo AG

Carl-Benz-Str. 2

78224 Singen

Germany

 

We are not responsible for any loss or damage to returned goods incurred during transportation. The use of a trackable system to return items to us is strongly recommended. Refunds will be issued after we receive and inspect the returned merchandise.

 

12. refund

Upon cancellation or approved return, we will refund the price paid for the cancelled order (or portion of the order), less any pickup or return shipping charges (if any). We will also refund the standard shipping cost paid or an amount equal to that cost if you choose a more expensive shipping method. We will pay the refund within 30 days after:

– you notify us to cancel your order if you have not received the goods (and the goods have not been shipped to you) or we agree to pick up the goods; or

– we have received the goods that you have returned to us with our consent, if you have received the goods.

In the event of a cancellation or return, we will refund you using the same method of payment that you used to pay for your order. We may withhold the refund until we have received the goods back or until you have provided proof that the goods have been returned.

We will notify you of your refund by email within a reasonable time. We will usually process the refund due to you as soon as possible, but in any event within 30 days of the date on which we confirmed to you by email that you are entitled to a refund for approved goods.

 

13. Raffles

When you sign up to purchase a limited edition publication called a Raffle, you also agree to the following specific terms and conditions:

– Signing up for a Raffle through our website, offers you the opportunity to purchase a pair of sneakers if you win.

– You have the opportunity to enter our Raffle only once. Multiple entries will disqualify you from the Raffle!

– We reserve the right to refuse your entry at our sole discretion.

– The amount will be reserved for the duration of the Raffle. If you win, you hereby grant us the right to generate an order and definitively debit the amount from your payment method. If you do not win, the reservation of the amount will be cancelled within 14 days.

– You can only pay with PayPal or VISA/Mastercard. No other payment methods will be accepted.

– If you are selected as a winner, you will receive an email from us, provided you have given us your email address.

– Winners will only be able to purchase their previously specified size.

– Please note that the delivery address cannot be changed later. The shipping costs and delivery method will be specified when you register.

– Raffles cannot be picked up in our stores.

– Raffle products are excluded from any promotion.

– Our contract with you will only be formed once you have won and the purchase has been made.

– Once you have won and the transaction has been made, it is not possible to cancel the purchase.

– We reserve the right not to accept returns of raffle products.

 

14. disclaimer

Titolo disclaims any liability for loss or damage to the extent permitted by Swiss law. If other than Swiss law is applicable, Titolo’s liability for negligence is limited to the total value of the order.

We do not warrant, represent or guarantee that the use of our Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that we may suspend the Service from time to time for an indefinite period of time or discontinue the Service at any time without notice to you.

You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services provided and sold to you through the Service are provided (except as expressly stated by us) on an “as is” and “as available” basis for your use, without any representations, warranties or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Titolo AG, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, lost data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of the use of the Service or any Products procured through the Service, or for any other claim relating in any way to the use of the Service 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 Service or any Content (or Products) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions is limited to the maximum extent permitted by law.

 

15. privacy policy

All information you provide to Titolo, including your email address, shipping address and credit card information, is strictly private and confidential. In the unfortunate event that your information is leaked or misused, Titolo cannot be held liable for any losses you incur.

We may also receive information about your online movements and use of the Internet. We do this by placing a “cookie”, a small file, on your computer’s hard drive. Cookies are small text files that are placed on your computer for this purpose. Most of the cookies we use are deleted from your hard drive at the end of the browser session.

 

16. security

We attach great importance to the security of all personal data related to our users. We have security measures in place to try to protect against the loss, misuse and alteration of personal information under our control. We use technical and organizational measures to protect your personal information, for example, access to your account is controlled by a password and username that are unique to you, your personal information is stored on secure servers, and payment information is encrypted using SSL technology.

You should keep in mind that the transmission of information over the Internet is never completely secure. We cannot guarantee the security of any information when it is transmitted over the Internet, and any such transmission is at your own risk. We can only make all reasonable efforts to protect your information and ensure that we maintain a reliable and secure environment for the use of your information. It is advisable to close your browser when you have finished your user session to ensure that others cannot access your personal information if you are using a shared computer or a computer in a public place.

 

17. loyalty program

Customers can participate in the loyalty program of Titolo AG (hereinafter referred to as the “Loyalty Program”) and benefit from a number of promotions.

All rights in connection with the customer card and the loyalty program apply exclusively to Titolo AG, Zurich.

Participants in the loyalty program must be at least 16 years old. The loyalty points are personal and non-transferable.

A prerequisite for participation in the loyalty program is the completion of the application form with the correct information, either in paper or electronic form. By submitting the completed application form, the participant agrees to these Terms and Conditions.

Participants can collect loyalty points for all purchases made in a Titolo store and also online. After the purchase, the loyalty points will be credited to the participant’s personal loyalty points account. For every CHF 1/ā‚¬ 1 spent, 100 loyalty points are credited.

Titolo AG calculates the loyalty point balance every six months. If the total of loyalty points exceeds 40,000, the participant will receive a shopping voucher for CHF 20 in exchange for the loyalty points. Participants residing outside of Switzerland will receive a shopping voucher for 20 euros instead. Loyalty points that are converted into a shopping voucher will be deducted from the balance of the loyalty points account, while loyalty points that exceed the value required for conversion into a shopping voucher will remain on the loyalty points account. The shopping vouchers can be redeemed in all Titolo stores and in the Titolo web store until the expiry date printed on them. The value of the item to be purchased must be higher or equal to the value of the shopping voucher. No change will be issued for purchases and the shopping voucher cannot be exchanged for a cash payment. Lost or stolen shopping vouchers cannot be replaced.

In addition, participants may benefit from other special offers that Titolo AG will make available from time to time.

All accumulated loyalty points will become invalid and expire if no purchase is made for a period of 24 months.

By participating in the loyalty program, the participant allows Titolo AG, its affiliated companies and third parties involved in the execution of the loyalty program to read, store and process the personal data in the application form, for market research purposes and for personalized advertising in paper or electronic form. These data will be kept strictly confidential and will not be disclosed to third parties not involved in the execution of the loyalty program.

The participant may terminate his participation in the loyalty program at any time. For this purpose, it is sufficient to express this wish in writing to Titolo AG. In this case, all information about the participant will be deleted. Acquired loyalty points are lost upon termination of the loyalty points account, there is no claim for compensation.

Titolo AG reserves the right to exclude participants from the loyalty program (e.g. due to evidence of abuse or fraud of any kind).

Titolo AG reserves the right to change the terms and conditions of the Loyalty Program and the General Terms and Conditions or to terminate the Loyalty Program at any time and without prior notice.

 

18. intellectual property rights

Titolo owns the designs and content of this website. They are protected by copyright and other intellectual property rights. No part of this Website may be copied, reproduced, modified, distributed, displayed, posted or transmitted without permission. All trademarks, product names and company names or logos mentioned on this website are the property of their respective owners.

 

19. right to change the conditions

Titolo reserves the right to change the Terms without notice.

We reserve the right to modify or replace these Terms at any time in our sole discretion. If a revision is material, we will attempt to provide at least 30 days notice before the new terms become effective. What constitutes a material change will be determined in our sole discretion. The version of these general terms and conditions in effect at the time the contract is entered into will govern.

 

20. final Provisions, Applicable Law and Place of Jurisdiction

Our failure to enforce any right or provision of these terms and conditions shall not be deemed a waiver of such rights. If any provision of these Terms is held by a court to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that takes into account as far as possible the economic purpose of the provision and the intention of the parties at the time of the conclusion of the contract. The same applies to any gaps in these terms and conditions. These Terms constitute the entire agreement between us with respect to our Service, superseding and overriding any prior agreements made between us with respect to the Service.

All legal transactions or other legal relationships with us shall be governed by Swiss law. The UN Convention on Contracts for the International Sale of Goods (CISG) and any other intergovernmental agreements shall not apply. In the case of contracts for a purpose that cannot be attributed to the professional or commercial activity of the entitled party (contract with consumers), this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

With regard to consumers, the place of jurisdiction shall be the Swiss place of residence of the consumer. In business transactions with merchants, our place of business is agreed as the place of jurisdiction for all legal disputes concerning these terms and conditions and individual contracts concluded under their application. In this case, we are also entitled to sue at the (residential) domicile of the customer.