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Terms of use

Terms of use

The company name CHRONOMETRIE FERDINAND BERTHOUD SA, VAL-DE-TRAVERS is called here in the text FERDINAND BERTHOUD.

1. LEGAL INFORMATION

1.1. The website www.ferdinandberthoud.ch (the “Website”) is the property of Chronométrie Ferdinand Berthoud SA, Val-de-Travers, and use thereof is governed by the following terms of use (“Terms of Use”).

1.2. By accessing, browsing and using the Website, you agree to comply with and be bound by these Terms of Use, including confidentiality. Please take the time to read these Terms of Use carefully. If you disagree with any clause contained in these Terms of Use, please exit the Website immediately.

1.3. FERDINAND BERTHOUD may, from time to time, revise, change, modify and/or remove any part of these Terms of Use at its sole discretion. The most recent version of these Terms of Use takes effect as soon as it is published online.

1.4. The Website may be administrated and operated from different locations. The Website is accessible worldwide. If you choose to access the Website from outside Switzerland you do so at your own risk and you are solely responsible for complying with local laws.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. FERDINAND BERTHOUD has the exclusive rights, title, and interest (unless stated otherwise) to the Website’s Intellectual Property Rights, including but not limited, to its content.

2.2. Intellectual Property Rights include all intellectual property rights of whatever nature without limitation: all texts, graphics, user and visual interfaces, photos, images, illustrations, trademarks, logos, layout, video clips, audio clips, sound, music, design, know-how, technology, drawing, products, artwork and other materials appearing on the Website, and future rights of copyright, as well as all rights to software programs, code and supporting documentation, moral rights, image rights, patents, trademarks, trade names, goodwill, internet domain names, registered and unregistered design rights, data, database rights and all other intellectual property rights (whether registered or not) or other rights or forms of protection having equivalent or similar effect anywhere in the world, insofar as these rights have been created by FERDINAND BERTHOUD or its employees.

2.3. Except as provided for under §3 hereinafter, nothing contained on the Website shall be interpreted as granting licence or the right to use any content on the Website.

3. USE OF THE WEBSITE

3.1. The data contained on the Website is presented for information and promotional purposes only.

3.2. The information provided is for your personal use only. You may download, display or print the information appearing on the Website exclusively for personal and non-commercial purposes, provided that the copyright notice is retained on each copy and you do not change any trademark or other notification of ownership. Downloading or reproduction of any document or software gives you no right, title or interest with respect to said documents or software.

3.3. Any other use, including reproduction for purposes other than personal non-commercial use, modification, dissemination, publication, distribution, transmission, creation derivative works form, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except with FERDINAND BERTHOUD prior written consent.

3.4. FERDINAND BERTHOUD neither warrants nor guarantees that use of any content displayed on its Website will not infringe on third party rights.

4. INFORMATION DEEMED NON-CONFIDENTIAL AND SUGGESTIONS

4.1. Any personal identification or information sent via the Internet to the Website is protected and treated according to FERDINAND BERTHOUD Privacy Policy. FERDINAND BERTHOUD invites you to read the Privacy Policy carefully before sending any such personal identification or information.

4.2. You hereby accept that all comments, suggestions, drawings, concepts, photos, testimonials or any other documents (except for your private confidential information) communicated or entrusted to FERDINAND BERTHOUD through its Website or by any other means (“Suggestions”) shall not be deemed as confidential and shall not be your property.

4.3. All Suggestions automatically become the property of FERDINAND BERTHOUD as soon as they are made. Making a Suggestion transfers all rights, titles and interests, including the copyrights, linked to the Suggestions to FERDINAND BERTHOUD. FERDINAND BERTHOUD has no obligation (i) to preserve the confidential nature of any Suggestion; (ii) to financially compensate anyone in exchange of or in connection with a Suggestion; or (iii) to reply to or acknowledge receipt of any Suggestion made to it.

4.4. You hereby guarantee that no Suggestion made infringes on the rights of a third party, with respect to copyright, registered trademarks, patents, trade secrets, private life or any other personal or property rights. By making a Suggestion, you acknowledge that FERDINAND BERTHOUD can (but is not obliged to) copy, publish, disseminate or use this Suggestion for any purpose, including, but not limited to, advertising, promotional or product development purposes or any other commercial purpose, without any financial compensation being payable to you or to any other person. You are and shall remain liable for the content of any Suggestion made by you.

4.5. FERDINAND BERTHOUD enjoys a worldwide reputation for both the design and manufacture of grande complication and high quality watches. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect FERDINAND BERTHOUD creations. As a result, FERDINAND BERTHOUD will not agree to or accept being the receiver of unsolicited proposals of collaboration and it is possible that FERDINAND BERTHOUD may already be working on similar ideas. Consequently, you are advised that FERDINAND BERTHOUD is not interested in receiving ideas or other proposals.

5. DISCLAIMER OF WARRANTIES

5.1. Any materials, information or website content are supplied “as is” in terms of their availability, and with no guarantee of any sort, express or implied, including, amongst others, implied warranty of merchantability or suitability for any particular purpose.

5.2. FERDINAND BERTHOUD carries no liability and cannot guarantee that the information contained on the website is accurate, complete and up-to date, or that the website contains no defect and that any existing defects will be corrected. By using this website, you agree to do so at your own risk and assume full responsibility for any problems inherent in using it, any loss of data and costs related to any assistance or repair to any hardware and/or software used by you for connecting to the website, and you agree that FERDINAND BERTHOUD bears no liability whatsoever for any damage that may be caused by, result from or be connected to your use of the website.

5.3. If you communicate with us by e-mail, you should note that the security of internet e-mail is uncertain. By sending sensitive or confidential e-mail messages, you accept the risk inherent to such uncertainty and possible lack of confidentiality over the internet.

6. LIMITATIONS OF LIABILITY

6.1. You access, use, browse and navigate on the website at your own risk.

6.2. You accept that, to the fullest extent permitted by applicable regulations, FERDINAND BERTHOUD shall not, under any circumstances, be held liable for actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, even if FERDINAND BERTHOUD was previously informed of the possibility of such damage, whether during a contractual action, a prejudice or any other theory, resulting from, or connected to the use, incapacity to use or execution of information, products or documents on this website.

6.3. All materials downloaded or obtained in any other manner during the use of the website are at your own risk. FERDINAND BERTHOUD takes no responsibility for any damage or virus which might affect your computer equipment or other property by reason of your access to, use of, or downloading of any material from its website or for any illegal intrusion or intervention in the it system.

6.4. FERDINAND BERTHOUD reserves the right to interrupt or discontinue any or all of the functionality of its website. FERDINAND BERTHOUD accepts no responsibility or liability whatsoever for any interruption or discontinuing of any or all functionality of its website resulting from actions or omissions of FERDINAND BERTHOUD or any third party.

7. CHANGE OF INFORMATION

7.1. The content of the Website may contain inaccuracies or typographical errors. FERDINAND BERTHOUD reserves the right to make changes, corrections, and/or improvements to such content at any time without prior notice but does not assume any responsibility to do so.

7.2. The style, drawing and colours of FERDINAND BERTHOUD products featured on the Website may be modified without prior notice.

8. AVAILABILITY OF PRODUCTS AND SERVICES

8.1. The products featured on the Website are representative of FERDINAND BERTHOUD collection. However, not all FERDINAND BERTHOUD products are featured on the Website.

8.2. The Website may contain information on FERDINAND BERTHOUD products and services, not all of which are available in every location. A reference to a product or service on the Website does not imply that such product of service is or will be available.

8.3. While every effort is taken to try to ensure that the colour, design, style, reference number, description and size of the products featured on the Website are representative of the original products, variation may occur. FERDINAND BERTHOUD shall not be liable for any error or inaccuracy in the description, reference and in the photographs or graphical representations of products displayed on the Website. FERDINAND BERTHOUD will not be liable for such errors and is under no obligation to deliver the products and/or pay any damages whatsoever. Any questions about products can be directed to the FERDINAND BERTHOUD Customer Service Department by using the contact form.

9. LINKS

9.1. The Website may contain links to other Internet websites that are not operated or controlled by FERDINAND BERTHOUD. Those addresses or links are provided solely as supports to assist you to locate other Internet websites that may be of interest.

9.2. FERDINAND BERTHOUD has not reviewed any of the websites which link to the Website. FERDINAND BERTHOUD shall not be held liable for the availability or content of such websites or any article contained on or obtained through such websites.

9.3. Any links to off-sites pages or other websites are set up at your own risk. Any link to another website or any reference to information, products or services supplied by third parties, in no way implies that FERDINAND BERTHOUD has given its approval concerning those websites or articles. Any question or comment concerning any other website must be sent to that website’s operator. No link with the Website is authorized without FERDINAND BERTHOUD prior written approval.

10. MISCELLANEOUS

10.1. The present Terms of Use embody the full agreement concluded between FERDINAND BERTHOUD and yourself concerning the access and use of the Website and its content.

10.2. These Terms of Use, as well as your use of the Website and any agreement between us, shall be governed by and construed in accordance with the laws of Switzerland without giving effect of conflicts of law principles thereof. Any dispute, controversy or claim arising out of or in connection with this Agreement is subject to the exclusive jurisdiction of the ordinary courts of the canton of Neuchâtel, Switzerland, with the exception of an appeal to the Swiss federal Court.

CHRONOMETRIE FERDINAND BERTHOUD SA, VAL-DE-TRAVERS
Rue des moulins 20, 2114 Fleurier – Switzerland

Last date modified on September 5, 2014

PRIVACY POLICY

The present privacy policy (the “Policy”) is authored and published by FERDINAND BERTHOUD (“We”) a company incorporated in Switzerland. Its purpose is to inform users (the “User” and/or “You”) of the www.ferdinandberthoud.ch website (the “Website”) about how and why FERDINAND BERTHOUD obtains, stores and processes data and information, such as name, address, e-mail address, telephone/fax numbers, credit card information, etc. (the “Data”) which can identify the Users and that the User may send Us while accessing the Website.

By accessing the Website, the User unequivocally consents to the Data collection and practices described in this Policy. Any amendment to this Policy (each new version will be numbered accordingly) shall be immediately effective and applicable to the User as of the User’s next visit to the Website. The terms of this Policy are without prejudice to any contractual terms the User may enter into with Us, which shall prevail over the terms of the Policy.

FERDINAND BERTHOUD may update this Policy from time to time and shall indicate on the Website when changes have been made.

1. DATA COLLECTION

Data are collected from Users upon registration on the site, or when the User contributes to or uses some of the advanced features on the Website. We only collect and process Data that are submitted voluntarily while browsing Our Website and Data that are clearly set out on the webpage on which We collect it. In addition, We may collect IP addresses and use cookies unless web browsers are configured not to accept them.

2. USE OF DATA

Most of Our services do not require any form of registration allowing Users to visit Our Website without identification. However, some services may require registration. When registering with Us, certain fields may need to be completed as well as choosing a user name and password. Should Users choose to withhold any Data requested by Us, access to certain parts of Our Website may be denied.

We collect Data about Users so that FERDINAND BERTHOUD can personalize the use of the Website, assist the use of the Website and improve the Website generally. We may collect and use Data to invoice Our products or services, to inform Users about events, announcements, products or services, or to communicate with Users for other purposes, such as compliant processing, after sale repair tracking, etc. In particular, depending on User selections for Data protection questions We may arrange for Users to be sent information about related products and services from FERDINAND BERTHOUD and carefully chosen third parties (see section 3). You may update answers to Your questions at any time.

In addition, We may use User data to improve Our services for Our own internal statistics and operational purposes, to evaluate customer interests, as well as purchasing and other trends among customer and to better determine product development, marketing strategies and customer services. Please note that we expressly reserve the right to verify the accuracy of User data, in particular with regard to contact details (postal address, email, phone, etc.), financial information and the purchase of Our products or use of Our services. By submitting personal information, the Users expressly consent to such use and verification.

Please note, however, that most of the information collected from Our website is anonymous (such as browser type, operating systems and the date and time of access), which We may process without User knowledge or consent to help improve the content of Our Website and to learn more about Our visitors’ behaviour. In doing so, We may use tracking technology (such as cookies, i.e. small pieces of information sent to Your browser and stored on Your computer hard drive which, individually cannot be used to discover Your identity)

3. NON-DISCLOSURE OF INFORMATION / NO SPAMMING

3.1. FERDINAND BERTHOUD shall not sell, rent, share or otherwise distribute or make available User data to third parties outside of FERDINAND BERTHOUD, except when (i) You give prior consent (see section 3.2.); (ii) You breach this Policy or the Terms of Use; (iii) required to do so by law or by any Governmental body; (iv) it is necessary to enable FERDINAND BERTHOUD to perform services requested by You (see section 3.3.).

3.2. If You give Your consent, FERDINAND BERTHOUD will transfer Your contact details to third parties who may then occasionally send communications to You to provide information, offers and services that may be of interest to You.

3.3. Data may occasionally be transferred to third parties (such as repair/service centres) who act for or on behalf of FERDINAND BERTHOUD, for further processing in accordance with the purposes for which Your Data were originally collected. When disclosure of Data to such third parties is likely or necessary for whatever reason, We endeavour to ensure that such third parties provide an equivalent level of protection as FERDINAND BERTHOUD regarding the Data, and, where appropriate, We will contractually require them to process Data transferred only for the purposes authorized by You and on a confidential and secure basis.

3.4. FERDINAND BERTHOUD does not conduct “spamming”. Spamming is defined as sending unsolicited e-mails, usually of commercial nature, in large numbers and repeatedly to individuals with whom the sender has had no previous contact or who have not given his consent to receive such communications.

4. SECURITY / CONFIDENTIALITY

4.1. Keeping Your information secure is very important to Us and certain sections of the Website may encrypt Data using SSL or a comparable standard. To enhance the security and confidentiality of Data that We collect online, We use data networks protected, inter alia, by industry standard firewalls and password protection. We undertake to take all reasonable steps in order not to allow Your Data to be accessed by third parties other than those authorized under this Policy (see section 3).

4.2. However, please be aware that the Internet is generally not a secure environment and no data transmission over the Internet can be guaranteed totally secure.

4.3. Although we strive to protect Your personal information, We cannot guarantee the confidentiality of the Data provided by You or material transmitted via Our Website or by e-mail. Thus, We cannot be responsible or liable for the security of Your Data whilst in transit via the Internet.

5. ACCESSING AND UPDATING YOUR PERSONAL INFORMATION

You have the right to access and update Your Data or to require their deletion at any time, by using the contact form.

6. DATA TRANSFER ABROAD

We maintain databases in different jurisdictions. We may transfer Your Data to one of Our databases located outside of Switzerland. If the level of privacy protection in such a country is not equivalent to the protection granted under Swiss law, we will ensure that Data transfers to Our databases in that country are nevertheless adequately protected. By submitting Your Data to Our Website, You expressly agree to its possible transfer to, and storage in, such databases.

7. LINKS TO OTHER WEBSITES

As a service to Our visitors, Our Website may provide hyperlinks to other websites that are not operated or controlled by FERDINAND BERTHOUD. Therefore, FERDINAND BERTHOUD cannot be responsible or liable for the content of such websites or the privacy practices of such other parties. We encourage You to review and understand the privacy policies applied by such third parties before providing them with personal information.

8. DATA AND CHILDREN

Our Website is a general audience site that are not designed nor intended to collect Data from persons under the age of 18 (“Children”). To respect the privacy of Children and to comply with the laws designed to protect them, Children should not provide any Data to this Website. We ask the parents to supervise their Children while online. FERDINAND BERTHOUD will not knowingly collect, use or disclose Data from a Child, without obtaining prior consent from a person with parental responsibility (parent, guardian).

9. APPLICABLE LAW AND JURISDICTION

This Policy as well as Your access to Our website is subject to and governed by Swiss law without giving effect to conflicts of law principles thereof. Any dispute regarding this policy or Our handling of Your Data is subject to the exclusive jurisdiction of the ordinary courts of the Canton of Neuchâtel, Switzerland, with the exception of an appeal to the Swiss federal Court.

10. CONTACT US

Should You have any queries or complaints about Our compliance with this Policy, or if You wish to make any recommendations or comments to improve the quality of Our Policy, please contact FERDINAND BERTHOUD by using the contact form. We will endeavour to respond to You promptly.

CHRONOMETRIE FERDINAND BERTHOUD SA, VAL-DE-TRAVERS
Rue des moulins 20, 2114 Fleurier – Switzerland

Last date modified on September 5, 2014