Terms of use

TERMS OF USE

Date of issuance: November 17th, 2016
These general terms of use (hereafter “Terms”) govern the use of the internet website www.franckdubarry.com (hereafter: the “Site”), which is available to any person with access to an internet connection, and is developed, published, administered and operated by:

Franck Dubarry SA
Rue du Jeu-de-l'Arc 15
1207 Geneva
Switzerland
IDE : CHE-147.682.246

(hereafter: the “Company”)

These Terms and the General Conditions of Sale (“GCS”) apply to all the Products purchased on or through the Site. These Terms set out and define the rights and obligations of both parties.

We recommend the Users to carefully read these Terms.

1. DEFINITIONS

The following terms used in these Terms have, unless stated otherwise, the following meaning:

“Account” means a Client profile created on the Site
“Client” means the person or entity purchasing a Product on or through the Site.
“Chargeback” means a transaction which is successfully charged back on request of a Client or an Issuer pursuant to the relevant rules applicable resulting in a cancellation of a Transaction in respect of which the Company has been paid or was due to be paid.
“Company” means Franck Dubarry SA, Rue du Jeu-de-l'Arc 15, 1207 Geneva, Switzerland.
“Force majeure” means any unforeseeable circumstances that prevents a Party from fulfilling a contract.
"Intellectual Property Rights" means copyrights, patents, registered design, design rights, database rights, trademarks, trade secrets, know-how or any other proprietary or industrial right, whether registered or unregistered.
“Issuer” means an institution that issues payment methods to the Client and whose name appears on the Client’s credit card or bank account statement and/or who enters into a contractual relationship with the Client with respect to the payment method used by the Client on the Site.
“Payment details” means the information which makes up a Transaction message which needs to be submitted to the Payment Interface of the Payment Provider in order for the latter to be able to process the Transaction and to perform fraud checks, including but not limited to, details regarding the credit card, the Client or the credit card owner, the Issuer, the relevant authentication details and the payment amount.
“PCI DSS” means the security standards for transmitting, processing or storing card data / payment details, known under the name of PCI.
“Payment Interface” means an electronic connection method provided by the Payment Provider to the Company for providing Payment details for individual Transactions in a secured way.
“Payment Provider” means Paypal Pro.
“PayPal” means Paypal Pte. Ltd. 5 Temasek Boulevard #09-01, Suntec Tower Five, Singapore 038985.
“Personal Data” means all information relating to an identified or identifiable person or entity pursuant to the Federal Act on Data Protection applicable in Switzerland (RS 235.1).
“Processing fee” means the fee that the Payment Provider charges for each Transaction submitted for processing to the Payment Interface, regardless of the Transaction amount and the type of payment method used.
“Price” means the price set by the Company to be paid by Clients when ordering a Product on or through the Site, including the Processing fee.
“Products” means the watches offered to sale by the Company on the Site.
“Refund” means a (partial) reversal of a particular Transaction, whereby the funds are reimbursed to the Client on the initiative or request of the Company.
“Terms” means this version of the General Conditions of Sale (November 2016).
“Transaction” means the purchase of Products on or through the Site.
“Users” means any person who uses the Site, whether as a Client or as a Visitor.

 

2. TERMS

Any use of the Site is subject to the prior approval of these Terms and of the Privacy Policy.

By entering, connecting to, accessing or using the Site, whether or not you have registered, or by clicking the "Submit" button when registering an Account, you acknowledge that you have read and understood these Terms and that you agree to be bound by them and to comply with these Terms and all applicable laws and regulations. If you do not agree with these Terms, you should refrain from using the Site and/or purchasing the Products. Any person or entity wishing to purchase Products on or through the Site must accept the terms and conditions of these Terms.

In particular, you acknowledge that you have read and understood the clauses in these Terms relating to: Company's disclaimer of warranties; limitation of liability; the Privacy Policy; your consent to the publication of feedback and ratings; and the manner in which we may make changes to these Terms.

 

3. ELIGIBILITY

In order to use the Site and/or purchase the Products, you must register for an Account and accept these Terms, the GCS and the Privacy Policy.

In order to be able to register for an Account, you must be at least eighteen (18) years of age and be entitled in your jurisdiction to enter into legally binding agreements in order to use the Site and/or purchase the Products. If you are under 18 or not entitled to enter into legally binding agreements, you may use the Site and/or purchase the Products only with involvement and agreement of a parent or guardian.

 

4. ACCOUNT

The creation of an Account is deemed to be valid once the Client has completed the registration form and agreed to these Terms. These Terms are integrally part of the registration form. The Company reserves the right to refuse a Client or to terminate a Client’s Account at any time, and is not required to provide any grounds for so refusing or terminating.

By creating an Account, you represent and warrant that:

  1. You are 18 years of age or over, or you are of legal adult age in your country of residence where this is over the age of 18
  2. The information which you have submitted to the Company in the registration form is correct, up to date and are not misleading
  3. You are entitled to purchase the Products sold by the Company in accordance with the laws and/or regulations of your country of residence, or such laws and regulations as they apply to you
  4. You shall not transfer or grant access to your Account to a third party
  5. You are solely responsible for the safeguard of the confidentiality of your Account and of your password.

If you are using the Site on behalf of a business or an entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.


By using and/or registering on the Site and/or purchasing Products, you agree (i) to provide true, accurate, current and complete information about you and your organization as requested by the Company ("Registration Data"); (ii) to maintain the confidentiality of your password and other information related to the security of your Account; (iii) to maintain and promptly update the Registration Data and any other information you provide to the Company, to keep such information accurate, current and complete; (iv) refrain from posting any wrong or misleading information in your Account and (v) to be fully responsible for all use of your Account and for any actions that take place through your Account (vi) not to impersonate anybody by opening a false Account (vii) not to use robots or other tools to open  Accounts.


You must provide current, accurate identification, contact, and other information that may be required as part of the registration process. You are responsible for maintaining the confidentiality of your password and Account, and are responsible for all activities that occur in relation to your Account. The Company will not be liable for any loss or damage from your failure to maintain the security of your Account and password.  You may not disclose your password to any third party (other than third parties authorized by you to use your Account) and you are solely responsible for any use of or action taken under your password in connection with the Site.


You authorize the Company to use any information provided to us in registering to verify your information (including any updated information). You must be issued with a major credit/debit card that is accepted by the Company and the Payment Provider in order to be able to purchase the Products, and your application for registration must otherwise be acceptable to the Company in its own absolute discretion.


You agree to notify the Company of any changes to your Registration Data immediately.
The Company reserves the right to reject any registration and to refuse the sale of Products to anyone for any reason, in its sole and absolute discretion.
If you provide false or misleading Registration Data or do not notify the Company of changes to your Registration Data immediately, the Company reserves the right to terminate or suspend your Account immediately and without notice to you or any liability of whatever nature. You understand and agree that you shall not circumvent any Company's policy about your User status such as temporary or definitive suspensions or other type of access limitations or restrictions. The Company retains the right to cancel Accounts that have been inactive for a long time or are considered to be misleading without prior notice to the User.

 

5. PRIVACY POLICY

By using the Site, you or any other person authorized by you to access your Account and use it, may provide the Company with certain Personal Data, including Registration Data and other information about yourself (time visited the Site, browser used, IP address, etc.).  By communicating your Personal Data to the Site, you agree the Company may use said data in accordance with the Privacy Policy which are hereby incorporated into these Terms and can be found at the following address: (www.franckdubarry.com/content/2-privacy-policy).

 

6. GEOLOCATION

In order to offer you Products which are close to you, you understand and agree that geolocation is a requirement for using the Site efficiently. You hereby agree that the Company may use and store your geolocation parameters when you are using the Site.

 

7. AMENDEMENTS

The Company reserves the right to amend these Terms, the GCS and/or the Privacy Policy at any time. In the event of such an amendment, you shall be informed by way of email, notification or by newsletter of the new Terms, GCS or Privacy Policy. You are nevertheless responsible for regularly checking the Terms on the Site in order to remain informed of any changes thereto. Your continued use of the Site subsequent to any amendments shall result in your tacit acceptance of the new Terms, GCS and/or Privacy Policy.

 

8. AVAILABILITY OF THE SITE

The Company will make its best effort for the Site to be available for the Users and the Clients. The Site may however be interrupted at any time by the Company, whether or not scheduled, for maintenance purposes, due to network problems or in the event of a Force majeure. No costs or damages may be claimed in the event of an interruption in, or suspension of, the Site. You understand and agree that the Company may need to temporarily suspend or limit access to the Site for maintenance purposes, the repair of software or due to network issues.

Since the Site is web-based, it might be subject to temporary downtime. From time to time we also update or maintain the Site, which will result in the Site not being available for a certain period of time. The Company does not warrant that the Site will operate uninterrupted or error free. We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the Site, suspension of your access to the Site, including any damage occurring as a direct or indirect result of a missed Transaction.

 

9. WEBSITE SECURITY

The Company uses Secure Socket Layer (SSL) in order to secure your online shopping experience on the Site. This ensures that any data you send through the Site is encrypted. When SSL is enabled, you will see a padlock on the top of your browser window. The URL will begin with HTTPS when you are in secure mode.

 

10. PROHIBITED ACTIONS

You agree not to do any of the following actions in connection with your use of the Site:

  1. Intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity
  2. Distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes
  3. Upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Site or the interests or property of the User or of the Company
  4. Export or re-export any applications, code or tools developed by and proprietary to the Company except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions
  5. Copy, scrape, extract, modify, or distribute rights or content from the Site in any way, including through robots, spiders or any other software or technology
  6. Commercialize any code or any information or software associated with the Site
  7. Upload, post, transmit, distribute, store or otherwise make publicly available on the Site any private information or personal data of any third party, including, addresses, phone numbers, email addresses and/or credit card numbers
  8. Harvest or otherwise collect information or data about Users, including email addresses, without their consent or use automated scripts to collect information from or otherwise interact with the Site
  9. Upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide
  10. Upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose the Company or its Users to any harm or liability of any type
  11. Upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense
  12. You may not use the Site in any situation where failure or fault of any kind of the Site could lead to death or serious bodily injury of any person, or to physical or environmental damage.

 

11. INTELLECTUAL PROPERTY RIGHTS

The Company is the exclusive owner of all Intellectual Property Rights relating to the structure and the contents of the Site and the database contained therein, or has legally acquired said rights which allow for the operation of the structure, the database and the contents of the Site.

All Intellectual Property Rights in and to the Products belong exclusively to the Company, including all images, drawings, designs, text, layouts, documents, material and information related to the Products which appear on the Site. The Products are for personal use only and shall not be distributed or sold to any third party without prior written authorization of the Company.

The Company grants you a license which is non-exclusive, non-transferrable, which may not be sub-licensed, free of charge, for a limited period of time in order to gain access to and use the Site and the information, database and the contents of the Site in accordance with the present Terms and the following conditions:

  1. You may not amend or alter the Site or its contents in any way whatsoever
  2. You may not implement automatic systems in relation with the Site, including robots, spiders, sniffers, Trojan Horses, viruses, worms or any kind of malware the purpose or effect of which is to extract the contents, the database or the data on the Site, or negatively affect the functioning or contents of the Site
  3. Under no circumstances may you collect any of the data on the Site, in particular (and without limitation to), the names and addresses of service providers listed in the directory, for commercial solicitation purposes
  4. Your access and use of the Site may require the installation of updates of your computer, your browser or your electronic devices. You agree that you are solely responsible for the implementation of any updates
  5. You are aware and agree that you shall use the Site without any guarantee and at your own risk and that, even should certain Site content appear to you to be offensive or indecent, or contrary to your beliefs, the Site shall not be responsible or liable therefore
  6. You shall not encourage or assist any persons to circumvent or alter any component or code of the Site

As a User, you undertake not to reproduce, hack, download or upload, copy, make available, publish or use in any manner whatsoever the texts, database, data, code, images or content of the Site.

The Company reserves the right, without prior notice, to withdraw the abovementioned license at any time in the event of a failure to comply with the specific conditions or the present Terms, the GCS and/or the Privacy Policy. The Company reserves the right, without prior notice, to alter or delete any element of the Site at any time, and to take any appropriate measures in order to stop an infringement in the event of a breach of the license or in order to protect the integrity and the smooth running of the computer systems, the servers, the databases, the networks, the Site, the Products as well as the Intellectual Property Rights relating thereto.  Any unauthorized use of one of the elements on the Site (hacking, counterfeit, illegal downloading, etc.) shall give rise to civil and/or criminal prosecution and the payment of damages to the Company.

 

12. NON-CIRCUMVENTION

By using the Site, you take the full commitment not (a) to use the information, material and content available on the Site for competing, directly or indirectly, with the Company (b) to circumvent the Company by entering into an agreement directly with a third party (c) to manipulate our billing process in order to appropriate fees owed to the Company (d) to re-sell, deep-link, use, copy, monitor (e.g. scrape), display, download or reproduce any content or information, software, Products available on the Site for any commercial or competitive activity or purpose (e) use any robot, spider, web scraper, other automated device, or manual process to monitor, extract or copy any content from the Site. Should you do so, please be informed that you may be irrevocably banned from the Site and the Company reserves to claim for damages and/or to request injunctions.

 

13. TERMINATION

The Company may, at its sole discretion and without any liability to yourself, with and without grounds, with or without prior notice, at any time whatsoever remove your access to all or a part of the Site, and disable or delete any of your Account(s), including all and any information relating to said Account(s). The Company may at any time, at its sole discretion, edit, alter, withdraw or delete any contents which it has posted online or which you have posted on the Site, and terminate your access to the Site.

You agree that the Company may, at its sole discretion, cancel your password, your user name, your Account (all or a part thereof) or your use of the Site and withdraw and delete all Site content for any reason whatsoever, in particular, inter alia, due to a lack of use or should it believe that you have breached any provision whatsoever of these Terms, the GCS or the Privacy Policy.  The Company may also, at its sole discretion and at any time whatsoever, cease to provide the Site or any part thereof, with or without prior notice.  You agree that any withdrawal of your access to the Site pursuant to any provision set out in these Terms, the GCS or the Privacy Policy may be done without prior notice, and recognize and agree that the Company may immediately disable or empty your Account as well as any information relating thereto and/or deny any further access to said files or to the Site.  Moreover, you agree that the Company shall in no event whatsoever be liable, whether to yourself or to a third party, regarding any cancellation of your access to the Site.

 

14. ALTERATIONS TO THE SITE

The Company reserves the right, at any time, to alter or to provisionally or permanently discontinue the Site, with or without notice, and without indemnifying the Users.  You agree that the Company shall not be liable either to yourself or to any third party, regarding any alteration, suspension or termination of the Site or any part thereof.  The Company is under no obligation whatsoever to update the Site.

 

15. ABSENCE OF GUARANTEE

You access and use the Site at your own exclusive risk. The Site and the contents thereof are provided “as is” and “as available”. The Company expressly declines, and you specifically waive any warranties of any kind whatsoever, whether express or implied including, inter alia, any implied warranty as to the fitness for any specific purpose, of availability, of merchantable quality and non-infringement of the Site and/or of the contents thereof.

You understand and accept that the Company may in no way whatsoever be held liable for any illegal behaviour by the Users on or through the Site.

The Company does not guarantee nor does it make any declaration according to which (i) the Site and its contents shall meet your requirements or shall be accurate, not be dangerous or risk-free (ii) the Site shall be available, uninterrupted, relevant, secure or error free, (iii) the results which one may obtain by using the Site shall be accurate or reliable, (iv) any error shall be corrected.

Any document which has been downloaded or obtained by using the Site is at your discretion and risk and you shall be solely liable for any loss or damage caused to your computer system or for any loss of data which may result from the downloading of such documents.

No information, whether in writing or oral, obtained by you from the Company or through or on the Site, shall create any guarantee or other obligation which has not been expressly set out in these Terms, the GCS or the Privacy Policy, and the Company denies any liability resulting from any trust placed in such elements by any User or by anyone who could be informed of part or all of its contents.

 

16. INDEMNIFICATION

You undertake to indemnify the Company and its partners and employees and to exonerate them from any liability whatsoever for any loss, damage, claims, penalties, fines, costs and expenses, including but not limited to, any legal costs and lawyer’s fees, which may result as a consequence of: (i) your use of or access to the Site, (ii) your failure to comply with any provision set out in these Terms, the GCS or the Privacy Policy, (iii) any third party allegation according to which content which you uploaded to the Site or any other use of the Site by you would be in breach of any rights relating to Intellectual Property Rights, personality or any law relating to the privacy of said third party or has resulted in damage or a loss to another in any way whatsoever (iv) any breach of or attempt to breach the Company’s Intellectual Property Rights in relation to the Site and/or the Products.

 

17. LIMITATION OF LIABILITY

Your acknowledge and expressly agree that the company shall, within the limits of the applicable law, not be liable for any direct or indirect damage or loss resulting in particular to a loss of data, financial loss, loss of turnover, loss of earnings, a leak or theft of data, identity theft, damage to the health, integrity or life, or other form of loss or damage for the user resulting from: (i) the use of the site or the inability to use the site, (ii) the purchase of products via the site or from the site, (iii) the products (iv) the purchase price of goods or services for the replacement of products purchased or obtained via the site or from the site, (v) unauthorized access to the site, to your data, account, registration data, financial data or any alteration thereof, (vi) statements or behaviour of any third party on the site, (vii) results from the site, from all sites which are linked thereto and all documents or contents broadcast or published on the latter, or (viii) any other act or ommission relating to the site or the products.

You agree that, subject to mandatory legal provisions, any action, complaint or claim resulting from or relating to the use of the site or the products must be filed within a period of three (3) months following the occurrence of said action, complaint or claim, failing which it shall be time barred.

 

18. APPLICABLE LAW AND FORUM

Certain jurisdictions prohibit the exclusion of certain warranties or the limitation or exclusion of liability for direct damage on the grounds of fraudulent intent or gross negligence. As a consequence, some of the limitations mentioned above may not apply to you with regard to such damage. In such event, the liability of the Company is limited to the amount which you have paid in order to acquire a Product via the Site or, in the absence of any sale, to CHF 1’000.-. Any claim against the Company shall be filed with three (3) months since the discovery of the cause of action. Any claim filed after this three (3) months period shall be deemed time-barred.

 

19. NOTICE

You agree that any notice for your attention shall be sent by email to the address you provided during your registration to the Site.

 

20. ASSIGNMENT

You may not assign or transfer any of your rights or obligations, nor may you subcontract the performance of any of your obligations under these Terms.  The Company may assign or transfer any right or obligation, or subcontract the performance of any of its obligations whatsoever under these Terms, GCS or Privacy Policy to a third party and at any time, without having to get again your consent (said consent being granted by these Terms).

 

21. ENTIRE AGREEMENT & SEVERABILITY

These Terms, the GCS, the Privacy Policy, the order confirmation and the applicable policies, subject to any amendments or, modifications made by the Company from time to time, shall constitute the entire agreement between you and the Company with respect to the Products and the use of the Site.
These Terms, the GCS and the Privacy Policy supersede and cancel all and any prior agreements, arrangements and undertakings of any kind whatsoever between yourself and the Company, whether in writing or oral, regarding said object.

If any provision of these Terms, the GCS or the Privacy Policy is found to be invalid by a court or competent jurisdiction, that provision will only be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect. The parties hereby agree that their intentions, as it appears from the provision in question, shall be performed in so far as it is possible to so do, and that the remaining provisions of these Terms, GCS or Privacy Policy shall remain in force and have full effect.  The sole purpose of the headings set out in these Terms, GCS and Privacy Policy is to assist in the consultation thereof and have no legal or contractual effect.

 

22. NO WAIVER

The Company’s failure to monitor or enforce a provision of these Terms, the GCS or the Privacy Policy does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
The fact that the Company does not enforce or fails to apply any law or provision does not constitute a waiver of said law or provision.

 

23. ASSIGNMENT

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. The Company may assign its rights, licenses, and obligations under these Terms without limitation.

 

24. ENGLISH VERSION

If there is an inconsistency between any of the provisions of this English language version and a translated version of these Terms, the provisions of this English language version shall prevail. Any translated versions of the Terms or the Privacy Policy or the policies shall be for convenience only.

 

25. APPLICABLE LAW

These Terms, the GCS and the Privacy Policy are governed by Swiss law, to the exclusion of the Federal Law on Private International Law and the Vienna Convention on the International Sale of Goods (CISG). Any dispute arising from the sale of any Product on or through the Site or in relation with these Terms, the GCS or the Privacy Policy shall be exclusively governed by Swiss law. The Courts of the Republic and Canton of Geneva shall have exclusive jurisdiction for any such dispute, subject to an appeal to the Swiss Federal Court.