Terms of Service
Terms of Service page describes the rules and guidelines for using a website or an application. It outlines the legal responsibilities of the user and the owner of the website or application.
Last updated: November 2024
Overview
General Terms and Conditions
1. Online Store Terms
2. General Conditions
3. Accuracy, Completeness And Timeliness Of Information
4. Modifications To The Service And Prices
Products and Services
5. Products Or Services (If Applicable)
6. Accuracy Of Billing And Account Information
Optional Features and Third-Party Links
7. Optional Tools
8. Third-Party Links
User Submissions and Personal Information
9. User Comments, Feedback And Other Submissions
10. Personal Information
Liability and Termination
11. Errors, Inaccuracies And Omissions
12. Prohibited Uses
13. Disclaimer Of Warranties; Limitation Of Liability
14. Indemnification
15. Severability
16. Termination
Miscellaneous
17. Entire Agreement
18. Governing Law
19. Changes To Terms Of Service
20. Contact Information
Overview
This website is operated by Blacktable System SA. Throughout the site, the terms “we”, “us” and “our” refer to Blacktable. Blacktable 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.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our 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 constitutes acceptance of those changes.
1. Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. General Conditions
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit 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 by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
3. Accuracy, Completeness And Timeliness Of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
4. Modifications To The Service And Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
5. Products Or Services
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store (real images or 3D rendered images). We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any 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 that we offer.
All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. Accuracy Of Billing And Account Information
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
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.
7. Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources).
Such new features and/or Services shall also be subject to these Terms of Service.
8. Third-Party Links
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. 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.
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.
9. User Comments, Feedback And Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. 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.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
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.
10. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed on our website.
11. Errors, Inaccuracies And Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12. Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with 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 violating any of the prohibited uses.
13. Disclaimer Of Warranties; Limitation Of Liability
Service Interruption
We do not guarantee, represent or warrant that your 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 from time to time we may remove the Service for indefinite periods of time or cancel 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 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, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Damages
In no case shall Blacktable, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your 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 product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Warranty
Blacktable warrants that the material and workmanship of the products will conform to Blacktable’s published product specifications in effect on the date of delivery to you for a period of 2 (two) years from the date of purchase. This limited warranty covers only the original purchaser of the product and is not transferable.
During the warranty period, Blacktable will, at its option, repair or replace any defective product or part thereof, or issue a refund of the purchase price paid for the product, provided that the product is returned to Blacktable in accordance with the Return Authorization procedures set forth in the Terms and Conditions.
This limited warranty does not cover normal wear and tear, neglect, accidents, acts of god, acts of terrorism, damage in transit, abuse, improper maintenance or storage, or any addition of or combination with your own materials after product installation.
In addition, this limited warranty does not cover damages resulting from the assembly, installation, repair, reconfiguration, or alteration of the product other than by Blacktable or a Blacktable authorized person, or the product not being used in accordance with Blacktable instructions.
Minor deviations in the construction, color, or material used or from the specifications published on the Internet or elsewhere, especially with regard to surfaces, are also not covered by this limited warranty.
Furthermore, natural variations to color, grain, or texture of wood, metal, or plastic over which Blacktable has no control are not covered by this limited warranty.
Finally, this limited warranty does not cover the matching or compatibility of color, grain, or texture unless expressly agreed to by Blacktable in writing.
Blacktable's sole obligation and liability under this limited warranty is limited to repair, replacement, or refund of the purchase price paid for the defective product, and in no event shall Blacktable be liable for any incidental, consequential, or punitive damages, or for any other damages, whether in contract, tort, or otherwise.
Exclusive Remedies
In case of breach of warranty or any other duty related to the quality of the products and services delivered by Blacktable, you shall promptly notify Blacktable and make such product available for correction. Blacktable shall at its option, repair or replace the defective product. If Blacktable determines that a defective product cannot be repaired or replaced within a reasonable period of time, you will receive a reduction in the price or, in the case of serious defects, a refund of the price that you actually paid to Blacktable for such product. The foregoing are your exclusive remedies for breach of warranty or any other duty related to the quality of the products and services delivered by Blacktable.
In case of a warranty claim, please contact Blacktable support at: support@blacktablesystem.com
Infringement of third party intellectual property
Blacktable shall be liable to the customer to the extent that a third party raises a justified claim against the customer due to infringement of the industrial property rights of a product supplied and used by the customer following the contract. Blacktable reserves the right to take the following actions at its discretion:
1. Request the purchase of rights of use for the products in question;
2. Modify them in a way that the industrial property rights of third parties are not violated;
3. Replace them.
"Intellectual Property Rights" in these terms and conditions refer to patents, utility models, design patents, trademarks (including their applications), and copyrights.
If the above measures are not feasible or financially impractical, the customer has the right to withdraw from the contract or receive a price reduction. These obligations only apply if the customer informs us immediately in writing about the claims of third parties, does not acknowledge any violation, and all defensive measures and conciliation procedures remain confidential to us.
If the customer ceases to use the purchased product to reduce damages or for other important reasons, the customer shall notify the injured party of the cessation of use. In this case, the termination cannot be interpreted as an acknowledgement of a violation of industrial property rights.
The customer's claims are excluded to the extent that the customer is solely responsible for the infringement of industrial property rights
Claims by the customer related to the infringement of protective rights are excluded to the extent that such infringement:
1. Is caused by the customer;
2. Results from the connection, mixing and/or processing of the products by the customer and/or third parties;
3. Results from a use not foreseen by our regulations;
4. Is caused by the modification of the products by the customer without our authorization.
Resale
To ensure compliance with the regulations of the customer's country, it is the customer's responsibility to ensure that any resale of the supplied object meets all relevant requirements.
Failure to comply with this article may result in damages and expenses incurred by us. In such cases, the customer is required to compensate us for all related costs and any claims made by third parties against us.
Ownership retention
Ownership of all items in the delivery shall remain with Blacktable until full payment is received. This also applies in the event that partial payment has been made for specific deliveries designated by the customer. If ownership retention requires special conditions or forms in the customer's country, the customer must notify Blacktable and ensure compliance with such requirements at their own expense.
Delivery
To ensure a smooth and successful delivery of your order, we kindly request that you provide accurate and complete information when placing your order. Please note that delivery can only be made to the address specified during the ordering process and cannot be redirected to any other address.
While we strive to meet the estimated delivery dates provided on our website or in writing, please be aware that these dates are only estimates and delays in delivery may occur. We will make every effort to inform you of any delays and provide you with updated information on the expected delivery date.
However, we would like to draw your attention to the following disclaimer regarding delays in the production process and shipping:
Blacktable does not take any responsibility for delays that may occur during the production process. While we make every effort to ensure timely manufacturing of our products, there might be unforeseen circumstances that could cause unexpected delays. These circumstances may include but are not limited to supplier issues, manufacturing complications, or force majeure events.
Blacktable does not take any responsibility for delays that may occur during the shipping of our products. Once your order has left our premises and is in the hands of the shipping carrier, we rely on their services to deliver your order within the estimated timeframe. Delays in shipping can occur due to various factors, such as weather conditions, customs inspections, transportation disruptions, or other logistical issues.
Blacktable does not assume any liability for any indirect consequences that may arise as a result of delays in the production process or shipping. This includes, but is not limited to, financial losses, missed deadlines, or any other damages incurred due to delayed delivery. Please note that the estimated production and shipping times provided on our website or during the order placement process are approximate and not guaranteed. While we strive to meet these estimates, they are subject to change without prior notice due to unforeseen circumstances. By placing an order with, you acknowledge and accept that we are not liable for any direct or indirect damages resulting from delays in the production process or shipping.
Partial deliveries may be made, and you are not entitled to refuse delivery of the products in this case. Prior to delivery, we or our third-party delivery partner will contact you to arrange a suitable delivery time. It is important that you are present at the agreed time and that the delivery location is accessible for the delivery team.
Delivery not possible: if the delivery team is unable to complete the delivery due to any reason, including but not limited to the product(s) not fitting through an entrance, doorway, or stairs, or because you are not present at the agreed time, the customer is responsible for all costs associated with subsequent transfer, restocking, storage, and delivery of the product(s). Similarly, if you fail to respond to calls or emails from our carrier, particularly if the goods are returned to our warehouse after two or more attempts, you will be responsible for the costs incurred.
Benefit and risk
The customer is responsible for any accidental destruction or deterioration of the items from the moment they are handed over to the carrier or leave our distribution center, whichever comes first. This includes delays in shipment caused by the customer.
International shipping and risk-taking clauses will be interpreted according to the International Rules for the Interpretation of Trade Terms (Incoterms 2010).
If the customer wants dedicated shipment insurance, they must make arrangements with us prior to shipping, and they will be responsible for the associated costs.
Product Inspection, Acceptance and Returns
Blacktable products must be checked upon delivery without delay to ensure they are complete and free of defects. All visible damages, in particular if the delivered packaging presents damages or if the packaging contains water, you must provide immediate written notice (and in any case within 24 hours) to Blacktable support by email at support@blacktable.pro. The email should include a detailed report of the damages and pictures that prove the external damage of the packaging. You have two days thereafter to open the package and check if the product is correct. Any incorrect deliveries, missing parts or defects which are ascertainable by reasonable inspection must be reported in writing within fourteen (14) business days of their detection.
If such notification is not given in a timely manner, you will be deemed to have accepted the Blacktable products and you will be conclusively deemed to have waived all such claims and complaints other than claims covered by the Blacktable product warranty then in effect.
In the event of any defect, you shall retain the broken or damaged product and its original packaging for inspection by Blacktable.
If return of a product is authorized by Blacktable, Blacktable will send an email with shipping instructions. You cannot return a product to Blacktable without first receiving a return authorization by email. If such Return Authorization Number is not requested within fourteen (14) business days after receipt of the Blacktable products, the Blacktable products will be deemed to have been accepted and you will be conclusively deemed to have waived all such claims and complaints other than claims covered by the Blacktable product warranty then in effect.
In addition, authorized returns are subject to a restocking charge equal to 15% of the purchase price of the returned Blacktable products, plus shipping and handling charges and costs, if any, of restoring returned Blacktable products that are in damaged condition.
As a fundamental policy, the return of custom-made models is strictly prohibited in accordance with our general terms and conditions.
Disclaimer
This means that, except as explicitly stated in the previous section or unless prohibited by law, Blacktable does not provide any other warranties, conditions, representations, indemnities or guarantees with respect to its products. This includes any warranties of merchantability or fitness for a particular purpose, whether such warranties arise from law, custom, or prior oral or written statements by Blacktable or any other source.
Limitation of Liability and No Consequential Damages
Blacktable’s liability for any claim of any kind, whether based in contract, tort (including negligence and strict liability) or otherwise for any expense, injury loss or damage arising out of or in connection with the design, manufacture, sale, delivery, inspection, assembly, installation, maintenance, repair, application or use of any product furnished to you hereunder shall in no case exceed the purchase price of the product which gives rise to the claim.
However, to the extent permitted by law, Blacktable's liability for any claim shall be limited to the maximum extent possible under applicable law. You acknowledge and agree that the limitations and exclusions of liability and disclaimers set forth in this agreement are fair and reasonable, and that your acceptance of this agreement and use of Blacktable's products and services reflect your agreement to these terms.
If you do not agree with these terms, your sole remedy is to not use Blacktable's products and services.
Force majeure
Blacktable shall not be liable for any loss or damage as a result of any failure to perform or any delay in delivery or installation due to any cause beyond Blacktable’s control, including but not limited to acts of God, strikes or other labour difficulties, disruption of operations, natural disasters, war, epidemics, governmental acts or orders or transportation.
14. Indemnification
You agree to indemnify, defend and hold harmless Blacktable and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15. Severability
In the event that any provision of these Terms of Service 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 Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
16. 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 Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
17. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
18. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Switzerland.
19. Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
20. Contact Information
Questions about the Terms of Service should be sent to us at help@blacktablesystem.com