TERMS OF USE and SAFETY INFORMATION

Please see Important Safety Information Below

OVERVIEW

This website, www.swissarmy.com and www.victorinox.com (the “Website”), is owned and operated by Victorinox Swiss Army, Inc. (“Victorinox”, “We” or “Us”). Victorinox, Inc. 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.

Please read these Terms of Use carefully before registering or using the Website. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. By accessing or using any part of the site, you agree to be bound by these Terms of Use.
These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

These Terms of Use are subject to change by us at any time, effective when posted on the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes will constitute acceptance by you of such changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - PERMITTED USE OF THE WEBSITE

Victorinox authorizes you to view and temporarily download a single copy of the materials (including but not limited to documents, text, logos, HTML code, graphics, button icons, sounds, audio clips, images, software and other items) that are made available by Us on this site (“Materials”) solely for your personal, non-commercial use.

All Materials included on this site are the property of Victorinox, or its content suppliers, and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Materials on this site is the exclusive property of Victorinox and protected by U.S. and international copyright laws. All software used on this site is the property of Victorinox or its software or content suppliers and protected by U.S. and international copyright laws.

Other than temporary downloads as necessary to access this Website (which will only be stored as long as is necessary for such access), the Materials on this site may not be: copied, distributed, downloaded, transmitted, modified, posted, published, reproduced, reused, republished, reposted, uploaded, displayed, sold, publicly performed; or otherwise used without Our express written permission.

The use of the Materials on any other web site or in a networked computer environment is prohibited.

You may use this Website only for your personal and non-commercial purposes and subject to these Terms of Use and all applicable laws, rules and regulations. You must be at least 18 years of age and the age of legal majority in your place of residence in order to register with the Website or make any purchases. By agreeing to these Terms of Use, you represent that you are at least the age of majority in your place of residence.

A breach or violation of any of the Terms will result in an immediate termination of your Use.


SECTION 2 - REGISTRATION

The Website is available only to individuals or entities that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. We may refuse access to the Website to anyone at any time and reserves the right, in our sole discretion, to terminate your ability to access the Website and/or any other product of service provided to you by Victorinox.

This website, related domains, and the Materials included on this Website may be used only for lawful purposes by persons or entities seeking (or supporting) our products or services in a lawful manner. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is not authorized by these Terms of Use. It is your responsibility to ensure that your use of the Website complies with these Terms of Use and to seek prior, express written permission from Us for any uses not permitted or not expressly specified in these Terms of Use.

You may use the Website without registration, but you can create an account to make purchasing products easier and so that we may stay in contact with you. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your ID and password and will be solely liable for any use or unauthorized use under such ID and password. We may suspend or terminate your access at any time with or without notice.


SECTION 3 - YOUR RESPONSIBILITIES

You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all content and data submitted to or published via the Website by you; (ii) comply with all applicable laws (including but not limited to export laws) in using the Website; and (iii) use the Website solely in accordance with any online user guides or instructions made available on or through the Website. You shall not disclose or share any ID(s) and password(s) used to access this Website. You are responsible for all activity that occurs under your ID(s) and password(s). You agree to notify Victorinox promptly upon becoming aware of any unauthorized access or use of the Website by any party.


SECTION 4 - SHIPPING

Ground Shipping is free for orders over $100. For orders below $100, we charge a fee of $5.95 USD for shipping and handling costs within the United States. Returns are free of charge for you.

Ground $5.95
3 Day Air $9.95
2 Day Air $12.95
Next Day Air $14.95

Please note that Fragrances can only be shipped via Ground Shipping.

We will deliver to any address in the United States, but may (depending on the type of purchase) require a signature at delivery.

Please note that orders for the Swiss Army Knives, Cutlery, Fashion and Fragrance product categories are eligible to ship to these locations. Items in the Travel Gear product category may only be shipped to addresses within the continental United States.

If you want your order to be sent to a Military address, on the shipping page enter the APO or FPO in the “City” field and select one of these choices from the “State” drop-down menu: AA for Armed Forces of America, AE for Armed Forces Europe, AP for Armed Forces Pacific.

In the shipping confirmation, you will find the package number that you can use to track the shipment via Fedex shipment tracking. Registered customers will find a link to the order tracking number under “My Orders”. Please give our distribution centers 48 hours to process and ship your order. Delivery time will vary based on shipping method.

Please note that weekends and holidays will affect the delivery time. We guarantee the timely delivery of your order to our shipping partner Fedex.

Shipment delays are possible. You will be notified of shipping delays. The notice of delay will include the reason for the delay and a statement that, if you agree to the indefinite delay, you may cancel the order any time until the merchandise has been shipped. Further delay notices will be given in updated and revised format, where you may cancel the order any time until the merchandise has been shipped. If you don’t want to wait, you may cancel your order and receive a prompt refund by calling our toll-free customer service number, XXX-XXX-XXXX. If we do not hear from you before we ship the merchandise to you, we will assume that you have agreed to this shipment delay.


SECTION 5 - DAMAGE IN TRANSIT

When shipments leave the Victorinox facility, they are in good condition or the carrier will not accept them. Damage in shipping is rare but you should always check for evidence of damage or loss before signing for any shipment. You should not accept any shipment that has apparent damage until the carrier notes and acknowledges such damage in writing. You should keep original packing materials until equipment has been fully examined in operation. You are responsible for filing all claims for damages directly with the carrier.


SECTION 6 - SHIPMENT ERRORS

Victorinox shall use commercially reasonable efforts to ensure that no items are omitted from a shipment and that all items are properly packed for transportation. You are responsible for opening and examining each shipment upon receipt and for notifying Victorinox immediately upon discovery of errors or shortages in the shipment.
Victorinox assumes no responsibility or liability for errors or shortages discovered or reported by you later than 30 days after receipt of shipment from the carrier.


SECTION 7 - RETURN POLICY

You can return any item ordered from the online shop within 30 days of receipt. In the case of damaged or defective item, please contact our customer care team immediately at 1.800.442.2706.

Specially designed or adapted products are not returnable. Any use or damage by you, or damage due to your improper repackaging, may result in further charges as necessary to place the returned items in a condition that will allow the items to be resold; or in the rejection of the returned goods by Victorinox.

Once you have completed the online return process, a return form will become available to print and enclose in your parcel sent with the delivery. You can use this to return the goods free of charge. You can expect to receive notification of a successful return after the warehouse has received and processed your request.

In order that we can process your return quickly, please note the following:

1. Please complete the online return form
2. Always use the original packaging
3. Label these with our pre-paid Fedex shipping label

The returned item must be accompanied by the original labels and fastenings, and it should be in a state expected after normal usage in inspecting and trying on the product. We will be unable to sell any return items with a strong odor or other signs of use. We reserve the right to assert claims for compensation in such cases.

Swiss Army Knives, Cutlery, Watches, Apparel and Fragrances returns must be sent to:

VSAI
Attn: Online Returns – RA#
7 Victoria Drive
Monroe, CT 06468 U.S.A.

Travel Gear returns must be sent to:

Victorinox Travel Gear
Attn: Online Returns – RA#
13890 Corporate Woods Trail
Bridgeton, MO 63044 U.S.


SECTION 8 - REFUND


We will process your refund as quickly as possible.
If after examination of your return there will be a credit in your favor, then we will refund the amount immediately to the credit card used when ordering. We will also inform you about your successful return by e-mail. Please allow two billing cycles for your credit to appear on your credit card statement.


SECTION 9 - CANCELLATION

A cancellation on the website is not possible.
If you want to cancel your order, please contact our Customer Service team immediately at 1-800-442-2706 or via e-mail (consumer.inquiries@swissarmy.com) so that we can check whether cancellation is possible. If your order is already in order picking, a change or cancellation is not possible.


SECTION 10 - USER COMMENTS, FEEDBACK, AND REVIEWS


We may permit you to post ratings, reviews or otherwise share your thoughts or content in a public manner on the Website (“User Content”). You hereby grant us a perpetual, irrevocable, royalty-free license to use, display, catalog, modify, edit, adapt, compile, distribute or otherwise exploit any User Content posted or transmitted by you to or through any service on the Website. We may also use your name or screen name associated with the User Content. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Many different parties may post reviews and other content to the Website. Such postings are the opinions of the individual authors of such materials, and do not reflect our opinion. We are under no obligation to screen or monitor User Content, but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

We may make all determinations as to what User Content is appropriate in our sole discretion. We may include, edit or remove any User Content at any time without notice.


SECTION 11 - INTELLECTUAL PROPERTY

Victorinox Intellectual Property Victorinox, or its licensors, are the exclusive owners of all designs, products, information and all copyrights, trademarks, and other intellectual property or proprietary rights contained on or used in connection with the Website. Except as set forth herein or authorized by Victorinox, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials or a legal right to do so.

The Victorinox Cross & Shield, Victorinox® and Swiss Army® are separate trademarks owned and registered by Victorinox AG, Ibach, Switzerland and its related companies. All rights not granted under these Terms of Use are reserved by Victorinox.


SECTION 12 - COPYRIGHT INFRINGEMENT COMPLAINTS

Victorinox respects the intellectual property rights of authors. To assist copyright owners, We have appointed an agent to receive notifications of claims or allegations of copyright infringement regarding materials available or accessible on, through, or in connection with the Website.

Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following email or US Postal address:

Attn: Copyright Agent
Victorinox Swiss Army Inc.
7 Victoria Drive
Monroe, CT 06468 United States


SECTION 13 - UNAUTHORIZED USE

You agree not to:
(a) Use or access the Website for any purpose that is unlawful or prohibited by the Agreement or display, transmit or otherwise make available on or through the Service material that is infringing, threatening, harassing, libelous, hateful, racially or ethnically objectionable, unlawful, tortious, harmful to children, invasive of another's privacy or violative of third party privacy rights;
(b) Use or access the Website to solicit others to perform or participate in any unlawful acts;
(c) Use or access the Website to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) Use or access the Website to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(e) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by or on the Service;
(f) Frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Victorinox without express written consent;
(g) Make any commercial or non-fair use of the copyrights, trademarks, logos, symbols, or any other mark, device, or commercial identifier of Victorinox or any of our third party licensors without Our express written consent;
(h) Use or access the Website in a manner that could damage, disable, overburden, or impair any Victorinox server or the networks connected to any Victorinox server;
(i) Interfere with any third party's use and enjoyment of the Service;
(j) Use or access the Website to collect or track the personal information of others
(k) Attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to any Victorinox server through hacking, password mining, or any other means;
(l) Sublicense any license granted in or to materials on the Service (whether or not any of such acts are for commercial gain or advantage);
(m) Access the Service in order to build a competitive product or service, or copy any features, functions or graphics of the Services;
(n) Use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website;
(o) Use any manual process to monitor or copy any of the material on the Website, or for any other unauthorized purpose without Our prior consent;
(p) Introduce viruses, Trojan horses, worms, logic bombs, or other material which is malicious to technologically harmful; or
(q) Resell use of, or access to, the Website to any third party.

We reserve the right to terminate your use of the Service or any related website for violating any of the unauthorized uses.


SECTIONS 14 - PURCHASES


Prices shown on swissarmy.com/us and victorinox.com/us are displayed in U.S. currency and are valid only in the United States. Prices are subject to change at any time without notice.

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

We reserve the right to refuse any order you place with us.
For more detail, please review our Returns Policy.


SECTION 15 - TAXES AND FEES

Travel Gear consumers in select states (CA, CO, CT, GA, MO, NY, TN and TX) will see an estimate of applicable sales tax on their order confirmation. This amount is derived from fluctuating sales taxes across all affected states. The amount that appears on your order confirmation may be slightly different than the amount you are charged during the final transaction.


SECTION 16 - ERRORS, INACCURACIES, AND OMISSIONS

The information in the Website may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected. We reserve the right to refuse to fill any orders that you may place based on information on the Website that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.

We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law.


SECTION 17 - TERMINATION


The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Website, at any time with or without notice and with or without cause. You understand and confirm that your obligations under these Terms will continue to apply to you even if we terminate your right to use this website. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.


SECTION 18 - LINKS TO THIRD PARTY WEBSITES


This Website may contain links to other websites not maintained by us, such as third party sites where you can buy Victorinox products. We encourage you to be aware of when you leave our Website, and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

The existence of a link between this Website and any other website is not, and shall not be, understood to be an endorsement by us of the other website or their non-Victorinox products.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.


SECTION 19 - LINKING TO THIS WEBSITE


You may link to Our homepage, provided that you do so in a way that is fair and legal, and does not damage Our reputation, or take advantage of it. You shall not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without Our express written conset.


SECTION 20 - NO WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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 DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL WE BE LIABLE FOR DIRECT DAMAGES IN EXCESS OF THE GREATER OF (I) THE FEES PAID FOR A SPECIFIC PRODUCT PURCHASED BY YOU THROUGH THE WEBSITE OR (II) TEN DOLLARS ($10).

Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of this Agreement may not apply to you.

SECTION 21 - INDEMNIFICATION


You agree to defend, indemnify and hold Victorinox Swiss Army, Inc. harmless and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your User Content, (iii) your use of materials or features available on the Website or products purchased through the website (except to the extent a claim is based upon infringement of a third party right by materials created by us or our violation of applicable law) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.


SECTION 22 - SEVERABILITY

In the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 23 - GOVERNING LAW

The laws of Connecticut shall govern these Terms of Use. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and the Uniform Computer Information Transactions Act (UCITA), as adopted by any state, are specifically excluded from application to this Agreement.

YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN FAIRFIELD COUNTY, CONNECTICUT FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE WEBSITE.

Any claims asserted by you in connection with the Website must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.


SECTION 24 - GENERAL

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

International Access

Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A. Contact Should you have any questions, you may contact us at consumer.inquiries@swissarmy.com.


SECTION 25 - IMPORTANT SAFETY INFORMATION

All knives and implements, including ours, can cause serious injury. Use, sharpen and care for them carefully and responsibly and only for the purpose for which they are intended. For example, never use a knife blade as a pry bar. Keep out of the reach of children and exercise parental supervision at all times.

Last updated April, 2017