Terms of service

OVERVIEW
Welcome to Progin Online-Shop! The terms “we”, “us” and “our” refer to Progin Online-Shop. Progin Online-Shop operates this shop and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a curated shopping experience (the “Services”). Progin Online-Shop is powered by Shopify, which enables us to provide the Services.
The following terms and conditions, together with all policies referred to herein (these “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters such as warranty disclaimers and limitations of liability.
By visiting, using or interacting with our Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow your minor dependants to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online shops or purchasing the products and services
we offer, you may be asked to provide certain details, such as your email address and billing, payment and shipping information. You confirm that all information you provide in our shops is accurate, current and complete and that you have all rights required to provide it.
You are solely responsible for keeping your login details secure and for all activity on your account. You may not transfer, sell, assign or license your account to a third party.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services accurately in our online shops. However, colours or product appearance may differ from what you see on your screen, depending on the device you use to access the shop and its settings and configuration.
We do not warrant that the appearance or quality of products or services you purchase will meet your expectations or match the images or representations in our online shops.
All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit, on a case-by-case basis, the quantities offered to any person, geographical region or jurisdiction.

SECTION 3 – ORDERS

By placing an order, you make an offer to purchase. Progin Online-Shop reserves the right to accept or decline your order at its discretion for any reason. Your order is accepted only when Progin Online-Shop confirms acceptance. We must receive and process your payment before your order can be accepted. Please check your order carefully before submitting it, as Progin Online-Shop may be unable to accommodate cancellation requests after acceptance. If we decline, change or cancel an order, we will attempt to notify you using the email address, billing address and/or phone number provided with the order.
Returns or exchanges of your purchases are governed solely by our Returns Policy.
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged for a product or service is the price in effect when the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, prices do not include taxes, shipping, handling, customs duties or import charges.
Prices in our online shops may differ from prices in our physical shops or in online and other shops operated by third parties. We may occasionally offer promotions relating to the Services that affect prices and are governed by separate terms. If the terms of a promotion conflict with these Terms, the promotion's terms take precedence.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases in our shops. You agree to promptly update your account and other details, including your email address and credit card numbers and expiry dates, so we can complete your transactions and contact you if necessary.
You represent and warrant that (i) the credit card details you provide are true, accurate and complete, (ii) you are duly authorised to use the card for the purchase, (iii) your credit card provider will honour the charges you incur and (iv) you will pay those charges at the stated prices, including shipping, handling and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance or events beyond our control. Once we hand the goods to the carrier, ownership and risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including all trademarks, brands, text, advertisements, images, graphics, product reviews, videos and audio files, and their design, selection and arrangement, are owned by Progin Online-Shop, its affiliates or licensors and are protected by US and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. Without our prior written consent, you may not reproduce, distribute, modify, publicly display or perform, republish, download, store or transmit any materials on the Services, or create derivative works from them. Unless expressly stated, nothing in these Terms grants, or may be construed as granting, a licence or other rights under any patent, trademark, copyright or other intellectual property of Progin Online-Shop, Shopify or any third party. Unauthorised use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Progin Online-Shop.
The names, logos, product and service names, designs and slogans of Progin Online-Shop are trademarks of Progin Online-Shop, its affiliates or licensors. You may not use them without Progin Online-Shop's prior written consent. Shopify's name, logo, product and service names, designs and slogans are Shopify trademarks. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

The Services may give you access to customer tools provided by third parties. We do not monitor these tools and have no control over or influence on them.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind and without endorsement. We accept no liability for loss arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the website is entirely at your own risk and discretion. You should familiarise yourself with and agree to the terms governing the relevant third-party tools.
We may also offer new features through the Services in future, including new tools and resources. These features will form part of the Services and be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and links to websites provided or operated by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you access. If you leave the Services to access them, you do so at your own risk.
We are not liable for harm relating to your access to third-party websites or your purchase or use of products, services, resources or content on them. Please carefully review and understand the third party's policies and practices before making a transaction. Complaints, claims, concerns or questions about third-party products or services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Progin Online-Shop is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases you make in our shop are directly with Progin Online-Shop. By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Progin Online-Shop, including any injury, damage or loss arising from the purchase of products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or relating to your purchases and transactions with Progin Online-Shop.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify and third parties, which may be located in countries other than your country of residence, in order to provide services to you. See our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK

If you send, upload, post, email or otherwise submit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any media for any purpose, including commercial purposes. For example, we may use our rights under this licence to operate, provide, evaluate, expand, improve and promote the Services and to fulfil our obligations and exercise our rights under these Terms.

You also represent that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential; (2) pay you compensation for your Feedback; or (3) respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene statements, or computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone else, or otherwise mislead us or third parties about the origin of Feedback. You are solely responsible for any Feedback you provide and its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions, change or update information, or cancel orders whenever information is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not directly or indirectly access or use the Services: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, state or local regulations, rules, laws or ordinances; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage or intimidate our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or cause the sending of advertising or promotional material, including junk mail, chain letters, spam or similar unsolicited communications; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or that we determine may harm Progin Online-Shop, Shopify or users of the Services or expose them to liability.

You also agree not to: (a) upload or transmit viruses or other malicious code that will or may be used in a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or otherwise exploit any part of the Services; (c) collect or track the personal information of others; (d) abuse the Services through spam, phishing, pharming or pretexting; (e) use robots, spiders, scraping tools, data collection or extraction tools, automatic devices or processes, AI tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent or manipulate security or authorisation 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 without notice if we determine that you have violated any part of these Terms.

SECTION 14 – AGENTS

14.1 This section (“Agent Terms”) applies when you use, allow, enable or cause 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 at the direction of, a person or entity and that may run on a person's behalf or using a person's device without direct supervision.

14.2 No Agent may access, use or interact with the Services unless it identifies itself at all times and acts in strict compliance with section 14.4 below. Furthermore, no Agent may access, use or interact with the Services if we have instructed it to cease accessing, using or interacting with any Service.

14.3 We may restrict whether and how an Agent accesses, uses and interacts with the Services, including through technical measures.

14.4 Agents: (i) must indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent's name by including “Agent/[AgentName]” in the request's User-Agent string; (ii) must not conceal or obscure that access, use or interactions originate from an Agent, including by (a) mimicking human behaviour and interaction patterns or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) must respond truthfully to questions or requests intended to establish whether interactions originate from a human or a computer; and (iv) must not circumvent or otherwise avoid measures intended to prevent, restrict, modify or control whether and how Agents access, use or interact with Shopify Consumer Services.

SECTION 15 – TERMINATION

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

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

SECTION 16 – DISCLAIMER OF WARRANTIES

The information provided on or through the Services is for general information purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance on such information is strictly at your own risk. We disclaim all liability and responsibility arising from reliance on such materials by you, other visitors to the Services or third parties who become aware of their contents.

UNLESS EXPRESSLY STATED BY PROGIN MANUFACTURE DU CHOCOLAT SA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR PROHIBIT THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROGIN MANUFACTURE DU CHOCOLAT SA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES, OR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE ARISING FROM USE OF THE SERVICES OR CONTENT (OR PRODUCTS) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Progin Online-Shop, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from all losses, damages, liabilities or claims, including reasonable legal fees, payable to third parties arising from or relating to (1) your breach of these Terms or the documents incorporated by reference, (2) your violation of applicable law or third-party rights, or (3) your access to and use of the Services.

We will notify you of any claim subject to indemnification. Delayed notification will not relieve you of your obligations unless it materially prejudices you. We may control the defence and settlement of such a claim at your expense, including the choice of counsel, but will not settle a claim requiring non-monetary obligations from you without your consent, which shall not be unreasonably withheld. You will cooperate in the defence of indemnified claims, including by providing relevant documents.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, it shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms. This determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with all policies or operating rules we publish on this website or in relation to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, including previous versions of these Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the party that drafted them.

SECTION 21 – ASSIGNMENT

You may not delegate, assign or transfer this agreement or your rights and obligations under these Terms without our prior written consent, and any such attempt is void. We may assign, transfer or delegate these Terms and our rights and obligations without your consent or notice to you.

SECTION 22 – GOVERNING LAW

These Terms and any separate agreements under which we provide Services to you are subject to the jurisdiction of the federal and state or territorial courts where Progin Online-Shop is based and shall be construed accordingly. You and Progin Online-Shop consent to the venue and personal jurisdiction of those courts.

SECTION 23 – HEADINGS

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

SECTION 24 – CHANGES TO THESE TERMS OF SERVICE

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

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by publishing updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of material changes to these Terms as required by applicable law, and those changes take effect on the date specified in the notice. By continuing to use or access the Services after changes to these Terms are published, you agree to those changes.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms should be sent to info@progin1961.com. Our contact details are:

Progin Manufacture du Chocolat SA

Bahnhofstrasse 29
2502 Biel/Bienne
Switzerland

Phone: +41 32 322 62 63
Email: info@progin1961.com

UID: CHE-132.944.101
Commercial register: CH-036.3.104.768-0