1. LEGAL INFORMATION & ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICES
2.1. Ferdinand Berthoud provides its Website and Services to share information and help bring its high quality Grande Complication watches to Ferdinand Berthoud’s customers, Website users and others.
2.2. Please note that all features, content, specifications of our Site or other Services, and any products described or depicted, are subject to change without notice. Also, the inclusion of any product or service does not imply or warrant that it will be available at any time.
2.3. While we strive to ensure that our Services and all other information we provide are complete, accurate, and current, some information provided may sometimes be inaccurate, incomplete, or out-of-date. We make no representation regarding the completeness or accuracy of any Services, or other information, content, advice, or recommendations made through the Site or other Services. We also do not make any representations or warranties regarding the quality or safety of any products or Services, or third party products or services offered or made available.
3. YOUR USE OF OUR SERVICES
What We Grant You
3.1. Ferdinand Berthoud grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and limited license to access and use our Services, for the sole purposes of letting you, the user, use and enjoy the benefits of the Website for a personal non-commercial use as permitted by these Terms and our other policies. Please see Section 6, “Use of the Website,” below for more information on how we permit you to use our Website.
What You Grant to Us
3.3. In addition, you understand that any questions, comments, suggestions, ideas, testimonials, endorsements, drawings, concepts, photos or feedback (collectively, “Submissions”) you provide are not confidential, and become our sole property. If you provide feedback, suggestions, or any other Submission, including but not limited to business ideas and original works, you are granting Ferdinand Berthoud a worldwide, royalty-free, perpetual, fully sub-licensable, and irrevocable right to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Submissions. This means we can use the ideas you provide to us without compensating you or mentioning you.
3.4. Though we are not required to do so, we may, in our sole discretion, monitor or review our Website and access, review, screen, remove, and delete content at any time and for any reason, including if we believe that content violates these Terms.
3.5. You are ultimately responsible for all content provided and activity done by you (even if that content or activity occurs from other individuals who have accessed the Site and other Services by using your identity).
3.6. By using our Services, you agree that:
- You will not use the Site or any Services for any purpose that is illegal or otherwise prohibited in these Terms.
- You will not use any automated means – such as any robot, spider, etc. – to access the Services or extract other users’ information.
- You will not copy, modify, distribute, sell, or lease any part of our Site or any Services.
- You will not reverse engineer or attempt to extract the source code of the software.
- You will not use or develop any third-party applications to interact with the Site or any Services or other users’ content or information, unless you have our written consent.
- You will not use the Site or any Services in a way that could interfere with, disrupt, negatively affect, or inhibit other Ferdinand Berthoud users in fully using the Services, or our ability to maintain our Services.
- You will not use the Site or any Services in a way that could damage, overburden, or impair the functioning of the Services.
- You will not provide content that is offensive or that contains pornography, graphic violence, threats, hate speech, or incites violence, or promotes any unlawful activity.
- You will not use the Services in any way that violates Ferdinand Berthoud’s rights or those of any third party.
- You will not use the Services to harass, abuse, defame, stalk, or threaten others, including other users.
- You will not compromise the security of the Services, including but not limited to uploading viruses or other malicious code.
- You will not attempt to circumvent any content-filters or content-filtering techniques used by Ferdinand Berthoud.
- You will access only those areas or features of the Services that we have authorized you to access, and you will not attempt to access any areas or features that you are not authorized to access.
- You will not probe, scan, or test the security or vulnerability of our Services, including any Ferdinand Berthoud system or network.
- You will not send unsolicited or spam emails to other users or to Ferdinand Berthoud.
- You will not engage in any activity that violates these Terms, and you will not encourage any acts that violate these Terms.
5. COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS
5.1. The name and mark Ferdinand Berthoud, the Ferdinand Berthoud logos and all other Ferdinand Berthoud-related marks depicted in this Website, whether registered or unregistered, are trademarks of Chronométrie Ferdinand Berthoud SA or any of its related companies. Nothing contained herein or on this Website shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark or other intellectual property of Chronométrie Ferdinand Berthoud SA or any of its related companies.
5.2. The information, photos, text, graphics, videos, audio, tools, images, and all other content and materials provided by or made available on this Website (“Content”), and the Website itself, are protected by copyrights, trademarks and/or other intellectual property rights. This Content is owned or licensed by Chronométrie Ferdinand Berthoud SA or its related companies, or used with permission of their owners. This Content is provided for your personal, non-commercial, and informational purposes only. This Content also includes, but is not limited to the text, graphics, photos, interactive features, trademarks, trade dress, and logos in our Services (“Marks”). You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise use our Content and Marks for any purpose whatsoever not permitted by these Terms. All rights are reserved, worldwide.
5.3. 5.3 We respect the intellectual property rights of others – including copyrights – and prohibit our users from using our Services in a way that violates those rights. Some of the content available through our Services comes from other users and third parties. All other content, trademarks and copyrights that appear through our Website are the property of their respective owners. You agree that you will not use the Services in a way that violates or infringes upon someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
5.4. You may not use the Content, Marks, or Services, or the content of others, in ways that are not authorized by these Terms. We may terminate your use or prohibit you from using our Services if we believe that you are violating the intellectual property rights of others in your use of our Site or any other Services.
5.5. We also have the right to disclose your identity to any third party who is claiming that any content shared or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Website. We have the right to remove any posting you make on our Website in our sole discretion. The views expressed by other users of our Website do not represent our views or values.
6. USE OF THE WEBSITE
6.1. The materials, information and Content contained on the Website is presented for information and promotion purposes only.
6.2. The material, information and Content provided by Ferdinand Berthoud is for your personal use only. You may download, display or print the materials, information and Content 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 document or software.
6.3. 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 materials, information and Content of the Website in whole or in part and by any means, is strictly prohibited, except with Ferdinand Berthoud’s prior written consent.
6.4. Ferdinand Berthoud neither warrants nor guarantees that use of any Content displayed on its Website will not infringe on third party rights.
7. INFORMATION DEEMED NON-CONFIDENTIAL AND SUBMISSIONS
7.2. You hereby accept that all Submissions and any other documents communicated or entrusted to Ferdinand Berthoud through its Website, in connection with the Website, or by any other means will be considered non-confidential, non-proprietary and not personal either to you or to anyone else.
7.3. As noted in Section 3 above, any Submission made by you becomes our sole property. However, you will be responsible for any Submission made by you that 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..
7.4. Ferdinand Berthoud enjoys a worldwide reputation for both the design and manufacture of high quality Grande Complication watches. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who develop and perfect Ferdinand Berthoud’s 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.
8. DISCLAIMER OF WARRANTIES
8.1. Any materials, information or Content on the Website 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.
8.2. Ferdinand Berthoud carries no liability and cannot guarantee that the Content 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.
8.3. While Ferdinand Berthoud takes reasonable and appropriate technical, organizational and administrative security measures to protect the information we are entrusted with, if you communicate with us by e-mail (including but not limited through our Contact Form), 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.
9. LIMITATIONS OF LIABILITY
9.1. You access, use, browse and navigate on the Website at your own risk.
9.2. You accept that, to the fullest extent permitted by applicable regulations, neither Ferdinand Berthoud nor any of its affiliates or related companies shall, 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 or any other cause of action, resulting from, or connected to the use, incapacity to use or execution of information, products or documents or other Contents or Services on this Website.
9.3. All materials, information or Content 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 materials, information or Content from its Website or for any illegal intrusion or intervention in the IT system.
9.4. 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.
10. CHANGE OF INFORMATION
10.1. 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.
10.2. The style, drawing and colours of Ferdinand Berthoud products featured on the Website may be modified without prior notice.
11. AVAILABILITY OF PRODUCTS AND SERVICESS
11.1. The products featured on the Website are representative of Ferdinand Berthoud’s collection. However, not all Ferdinand Berthoud products are featured on the Website.
11.2. 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.
11.3. Products and services described on this Website are available while supplies last. The product images on this Website are representative and are not necessarily photographs of the actual product you will receive. Ferdinand Berthoud reserves the right to discontinue the production of any product, and to discontinue the offering or sale of any product or service at any time, without notice. Ferdinand Berthoud will not guarantee that any particular product or service displayed on this Website will be available at any particular location, even if that location has been indicated as a source for that product or service.
11.4. While every effort is taken to try to ensure that the color, design, style, reference number, description and size of the products featured on the Website are representative of the original products, variation may occur. As such, product and service descriptions on this Website may vary from time to time, and typographical errors may occur, with the result that product and service descriptions, may not be complete, current, or accurate. Ferdinand Berthoud will 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, 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 via email at contact@FerdinandBerthoud.ch or through our Contact Form..
12.1. The Website may contain links to other third party Internet websites that are not operated or controlled by Ferdinand Berthoud. Those addresses or links are provided solely as aids to assist you to locate other Internet websites that may be of interest. Ferdinand Berthoud provides links as a convenience and does not endorse the proprietors or content of any linked websites, including any linked website of any company related to Ferdinand Berthoud, in control of it, or under common control with it.
12.2. 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. Please note that following any link to any third party website is at your own risk.
13. JURISDICTION & CHOICE OF LAW
14.1. If any portion of these Terms is found to be invalid or unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.
15. COMPLETE TERMS
15.1. Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and Ferdinand Berthoud. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced. These Terms remain in effect until such time as modified or terminated by us.
16. CONTACT US
16.1. If you have any questions regarding these Terms or our practices, you can contact us through our Contact Us Form or at:
Chronométrie Ferdinand Berthoud SA
Rue des Moulins 20
Courriel : contact@FerdinandBerthoud.ch
Tel : +41 32 862 21 21
Effective date: 20th of February 2020.