TERMS OF USE AND PRIVACY POLICY

PRIVACY POLICY

1. INTRODUCTION

 

We, Chronométrie Ferdinand Berthoud SA, located in Switzerland (hereinafter “Ferdinand Berthoud”, “we”, “us”) are committed to protecting your privacy while continuously improving the services we offer you.

The Ferdinand Berthoud Privacy Policy (hereinafter the “Privacy Policy”) intends to give you all the information regarding the processing (e.g. collection, use, recording, storage or transfer) of any personal data that we may collect through our online platforms (website, applications, social networks) (hereinafter the “Ferdinand Berthoud Platforms”) or when you fill out the Ferdinand Berthoud contact form (hereinafter the “Contact Form”) in our customer service centres, when we organize an event, or through any other form of interaction.

 

The Privacy Policy will answer the following questions:

- WHAT IS PERSONAL DATA AND HOW DO WE COLLECT IT?

- WHAT KIND OF PERSONAL DATA DO WE COLLECT?

- WHEN DO WE COLLECT YOUR PERSONAL DATA?

- FOR WHAT PURPOSES DO WE USE YOUR PERSONAL DATA?

- HOW LONG IS YOUR PERSONAL DATA STORED?

- DO WE SHARE YOUR PERSONAL DATA WITH THIRD PARTIES? IF SO, WITH WHOM?

- DO WE TRANSFER YOUR PERSONAL DATA OUTSIDE SWITZERLAND OR EUROPEAN UNION?

- WHAT RIGHTS DO YOU HAVE REGARDING YOUR PERSONAL DATA?

- TO WHOM SHOULD YOU ADDRESS ANY REQUEST ABOUT YOUR PERSONAL DATA?

- HOW CAN YOU CONTACT US?

- HOW DO WE GUARANTEE THE SECURITY OF YOUR PERSONAL DATA?

- HOW DO WE GUARANTEE THE PROTECTION OF YOUR PERSONAL DATA IF YOU ARE UNDER 16 ?

- CAN WE CHANGE THIS PRIVACY POLICY?

The Privacy Policy does not apply to the personal data collected by other third party websites or applications that may provide links to or be accessible from any of the Ferdinand Berthoud Platforms. We are not responsible or liable for the privacy policies and practices of third-party websites and applications.

 

 2. THE COLLECTION OF YOUR PERSONAL DATA BY FERDINAND BERTHOUD

 

WHAT IS PERSONAL DATA AND HOW DO WE COLLECT IT?

We may collect personal information about you or which allows us to identify you (hereinafter your “Personal Data”) in various ways and circumstances, including:

  • when you visit any of our Ferdinand Berthoud Platforms, particularly when your register on our websites or fill out our Contact Form
  • when you visit our points of sale or production sites
  • when you purchase a Ferdinand Berthoud timepiece or request customer service
  • when you interact with us via email or telephone
  • when you fill out any forms in our points of sale or customer service centers, or in the context of events
  • through some of our commercial and advertising partners (always with your consent)
  • when you share public information on Internet or social media.

 

WHAT KIND OF PERSONAL DATA DO WE COLLECT?

Depending on the purpose and the way you interact with us, we may collect information (that may constitute Personal Data) which you actively give us, such as:

  • contact information (name, postal address, email address and telephone number)
  • information provided in relation to purchases and transactions (credit card information and information required by anti-money laundering laws)
  • customer service information (such as customer service requests, comments, feedback, complaints and repair history)

We may also collect other types of information (that may constitute Personal Data) by automated means, or indirectly from you or from third-party websites or social networks such as:

  • information relating to the use of our Ferdinand Berthoud Platforms, including the browser name and the type of device you are using, as well as technical data about how you connect to our Ferdinand Berthoud Platforms. Please consult our Cookie Policy to obtain detailed information about cookies we use and how we use them.
  • images taken through our video surveillance system in Ferdinand Berthoud points of sale or offices production sites.
  • any other information that you share publicly on third-party social networks as part of your interaction with Ferdinand Berthoud.

 

WHEN DO WE COLLECT YOUR PERSONAL DATA?

We guarantee that we process your Personal Data only if and to the extent that at least one of the following legal provisions applies:

  • You have given us explicit consent to process some of your Personal Data for one or more specific purposes (e.g. so that you can use our Ferdinand Berthoud website, receive newsletters, or be contacted through the Contact Form)
  • Processing is necessary for the performance of a contract (related to your purchase, repair order or other services) or in order to take steps at your request prior to entering into such a contract
  • Processing is necessary for compliance with a legal obligation to which we are subject
  • Processing is necessary for the purposes of the legitimate interests that we pursue (e.g. security purposes)

 

3. THE USE OF YOUR PERSONAL DATA BY FERDINAND BERTHOUD

 

FOR WHAT PURPOSES DO WE USE YOUR PERSONAL DATA?

We may use your Personal Data for the following purposes:

Marketing and promotional purposes:

  • Sending you personal invitations to Ferdinand Berthoud events as well as corporate and marketing communications (including content and news from the Ferdinand Berthoud world, gifts and catalogs) corresponding to your interests and personal preferences
  • Sending you the Ferdinand Berthoud e-newsletter so that you will be the first to know about our creations, events, initiatives and personalized services corresponding to your interests and personal preferences

Business purposes:

  • Processing your orders, purchases and deliveries
  • Providing you with customer service

Support purposes:

  • Providing you with information about our Ferdinand Berthoud Platforms, timepieces and services
  • Answering your requests
  • Managing, maintaining and optimizing our Ferdinand Berthoud Platforms, providing support and security services

Legal purposes:

  • Preventing fraud and other prohibited or illegal activities and guaranteeing the safety and security of our Ferdinand Berthoud platforms, points of sale and production sites
  • Complying with our billing and accounting requirements and other legal or regulatory obligations (e.g. anti-money laundering obligations)

 

HOW LONG IS YOUR PERSONAL DATA STORED?

Unless required by law or because of security imperative for another time period, we may store or otherwise process your Personal Data as long as it is necessary to satisfy the purposes described hereinabove and insofar as you do not withdraw your consent for its processing (either for one or several purposes) or exercise your right to be forgotten before the expiration of any of these time periods (by any of the means described below under the “How can you contact us?” section). Your Personal Data will be stored in a manner compatible with legal obligations, available technology and cost of implementation.

 

DO WE SHARE YOUR PERSONAL DATA WITH THIRD PARTIES? IF SO, WITH WHOM?

We may only share your Personal Data with third parties in the few following cases:

  • service providers supporting us in our business operations (e.g. to deliver timepieces, allow payment authorization, organize events, analyse and improve our marketing strategy, send  Ferdinand Berthoud e-newsletter via email or provide other marketing services, to support, manage and maintain Ferdinand Berthoud Platforms, mitigate risk and help prevent fraud);
  • third parties, courts or other authorities if it is required by law or in connection with a legal claim or proceeding or to fight against fraud.

We expect all these third parties to provide necessary guarantees of confidentiality and security and to take appropriate organizational and technical measures in compliance with the applicable laws. Our service providers may only process the Personal Data we share with them according to and within the limits of our instructions.

 

DO WE TRANSFER YOUR PERSONAL DATA OUTSIDE SWITZERLAND OR THE EUROPEAN UNION?

When we share your Personal Data under the circumstances described hereinabove, we may transfer it to a destination outside Switzerland or the European Union. In any case, such transfers will be only executed if the competent authorities have confirmed the adequacy of the country’s level of protection or if we can offer you other appropriate safeguards. You can obtain additional information on the appropriate safeguards by contacting us (see the section “How can you contact us?” below).

 

4. YOUR RIGHTS

 

WHAT RIGHTS DO YOU HAVE REGARDING YOUR PERSONAL DATA?

  • The right of access: You have the right to know what Personal Data has been collected about you and how such Personal Data has been processed.
  • The right to rectification: You have the right to request changes to inaccurate Personal Data.
  • The right to object: You may declare that you do not want your Personal Data processed (in whole or in part) at any time.
  • The right to be forgotten: You may exercise this right particularly when you no longer consent to the processing of your Personal Data. You have the right to withdraw your consent anytime (by any of the means described below under the “How can you contact us?” section). The right to be forgotten is not an absolute right and only applies in certain circumstances.
  • The right to restrict processing: You have the right to limit the processing of your Personal Data, i.e. limit the way we use your Personal Data. This right is not an absolute right and only applies in certain circumstances.
  • The right to be informed: You have the right to obtain any and all information regarding the processing of your Personal Data that is clear, correct, comprehensive and easy to access.
  • The right to data portability: You have the right to transfer (or to ask for the transfer of) your Personal Data from one electronic processing system to another electronic processing system.
  • The right in relation to automated decision making or profiling: You have the right not to be subject to a decision based solely on automated processing, such as profiling.
  • The right to lodge a complaint: You have the right to lodge any complaint that you may have with a supervisory authority.

These rights may be subject to exceptions or limitations (e.g. when your Personal Data has been processed for security purposes or stored for legal or contractual obligations) and must account for available technology and the cost of implementation.

In certain cases, we will need to verify your identity before processing a request you may have based on the above-mentioned rights.

 

TO WHOM SHOULD YOU ADDRESS ANY REQUEST ABOUT YOUR PERSONAL DATA?

All Personal Data collected by Ferdinand Berthoud is controlled by us. As a controller, we determine the purposes and means of the processing of your Personal Data.

Our offices are located in rue des Moulins 20, 2114 Fleurier, Switzerland.

If you would like to exercise any of your rights as described in this Privacy Policy or if you have any questions about this Privacy Policy, please contact us (see below).

 

HOW CAN YOU CONTACT US?

  • Through the Contact Form
  • By writing to the Ferdinand Berthoud Data Protection Office, Rue des Moulins 20, 2114 Fleurier, Switzerland

 

HOW DO WE GUARANTEE THE SECURITY OF YOUR PERSONAL DATA?

We use the appropriate technical, organizational and administrative security measures to protect any Personal Data we process from loss, misuse, unauthorized access, disclosure, alteration and destruction.

Nevertheless, even if we strive to protect your Personal Data, we cannot guarantee the security of the information you transmit on our Ferdinand Berthoud Platforms when transferred over the Internet on unsecure networks.

 

HOW DO WE GUARANTEE THE PROTECTION OF YOUR PERSONAL DATA IF YOU ARE UNDER 16 ?

Note to children under 16: We will not knowingly collect or otherwise process (particularly through our Ferdinand Berthoud Website) any Personal Data from anyone under the age of 16. If you are under 16, please ask one of your parents (or another legal guardian) to register and/or fill out the Contact Form for you.

Please do not submit any of your Personal Data to us. Should we discover or be informed that we have mistakenly collected your Personal Data, we will immediately delete such information from our records.

Note to parents or other legal guardians: we will not intentionally collect (or otherwise process) any Personal Data from your children if they are under 16. If you are concerned that your child has registered on our Ferdinand Berthoud Website or submitted any of their Personal Data to us and you wish to delete it, please contact us via the methods set out hereinabove and provide official documents establishing parental or guardian status.

 

5. CHANGES TO THIS PRIVACY POLICY

 

CAN WE CHANGE THIS PRIVACY POLICY?

We reserve our right to change this Privacy Policy at any time. A notification regarding any substantial changes to this Privacy Policy will be posted on our Ferdinand Berthoud Platforms. Notwithstanding, it is your responsibility to stay abreast of any changes made to our Privacy Policy.

 

 

Cookies policy

 

1. INTRODUCTION

 

This Ferdinand Berthoud Cookie Policy (hereinafter referred to as the "Cookie Policy") describes the different types of cookies used in connection with the web platform owned and controlled by Chronométrie Ferdinand Berthoud SA, an entity based in Switzerland, (hereinafter referred to as "Ferdinand Berthoud", "he"). You can access this Cookie Policy from this site (hereinafter referred to as the "Site").
In addition to this Cookie Policy, the Site is governed by a Privacy Policy that will provide you with additional information about the processing of your personal data.

 

2. WHAT IS A COOKIE?

 

A cookie is a kind of digital tag that keeps track of your online visit. Almost every website uses cookie technology. A cookie will typically contain the name of the domain from which it originated, its "lifetime", and a value, usually a randomly generated unique number. Cookies are downloaded by your Internet browser when you first visit a website. They play an important role in making websites work better and more efficiently, including recognizing you and remembering information that may make it easier for you to use the website (such as remembering your preference settings).

2.1 Internal and third-party cookies

Cookies are downloaded to your device (e.g. your computer, smartphone or tablet) via your Internet browser when you first visit the Site.
When you next view the website using the same device, the cookie, as well as the information it contains, is sent back either to the site that produced it (internal cookie) or to a website different to that to which it belongs (third-party cookie).
If you decline the use of all cookies, neither internal nor third-party cookies will be used. There will be no distinction between the two types of cookies.

2.2 Permanent and session cookies

Depending on how long they last, cookies can be "permanent" or "session" cookies.

  • A permanent cookie is a cookie that is stored on your computer until it expires or you delete it.
  • A session cookie, on the other hand, is deleted when you close your browser.

In addition to accepting cookies while using the Site, as described below, you can generally choose whether or not to accept cookies by changing your browser settings. For more information, see Section 4: How do I manage cookies?

 

3. WHAT KIND OF COOKIES DO WE USE?

 

3.1 Strictly necessary cookies:

Strictly necessary cookies activate functions that are essential to navigation on the Website. They are used exclusively by Ferdinand Berthoud and are only stored on your computer while you are browsing the Site. For example, when you change pages, these cookies facilitate the redirection of http pages to https, thus maintaining the security level of the data transferred. A cookie of this type also makes it possible to record your preferences regarding the use of cookies on our Site.

The main cookies we use:

  • Cookie name: PHPSESSIONID
    • Function: Session identifier : maintain the connection
    • Lifespan: 1 week
  • Cookie name: Form_key
    • Function: Technical cookie protecting against cross-site request forgery (CSRF) attacks.
    • Lifespan: 1 week
  • Cookie name: Mage-cache-
    • Function: Facilitates caching of the site
    • Lifespan: 24h

3.2 Functionality cookies:

These cookies allow the Site to remember the choices you make and provide more personal and enhanced functionality. They have a short lifespan, for the most part, the time the session lasts, and at most, 12 months.

Examples of cookies we use:

  • Cookie name: recently_viewed_product
    • Function : Caching of the products recently viewed
    • Lifespan : 24h

3.3 Analytical/performance cookies:

These are cookies that give us information regarding the use and performance of the Site, to establish statistics, attendance rates and use of various elements (e.g. content visited, path) for the purpose of improving the interest and usability of our services.
These analytical cookies are applied by Google Analytics.

 

3.5 Targeting cookies:

Targeting cookies are set for the purpose of displaying targeted advertisements on the Site based on your interests or for managing our advertising campaigns. These cookies collect information about your activities on the Site and on other sites in order to offer you targeted advertisements.
These cookies are mainly third-party cookies and come from companies such as: Facebook, LinkedIn.

 

4. HOW TO MANAGE COOKIES?

 

4.1 Accepting cookies during your first visit

On your first visit to the Site, you have control over whether you choose to accept or decline the use of non-essential cookies using our cookie consent tool. However, please note that if you choose to decline cookies, you may not be able to use all the features of our Site. You have the right to withdraw this consent at any time and refuse the use of non-essential cookies using our cookie consent tool.

 

4.2 Disabling and/or deleting cookies via your browser

You can change the cookie settings in your Internet browser where they can usually be found in the "options", "tools" or "preferences" menu. You can also consult the "help" menu of your browser. Depending on the browser, the mechanism for disabling cookies may vary.

Here are some links and information for further information on how to manage cookies settings:

If you are viewing this Site from different computers, you will need to change your settings again.
For more information about cookies, including which cookies have been placed on your computer or mobile device, and how to manage and delete them, please visit www.allaboutcookies.org

 

4.3 Controlling analytics, sharing and advertising cookies with a cookie management platform

You can find further information about behavioral advertising and privacy on the Internet at the following address: http://www.youronlinechoices.com/ and discover which companies have registered to offer you the possibility of refusing or accepting the display of targeted advertising. This platform does not prevent the deposit or the conservation of cookies which must be carried out according to the methods indicated above.
Please note that the taking into account of your choices depends on a cookie. If you delete all cookies stored in your terminal via your browser as indicated above, neither we nor our providers will know that you have made these choices.

 

 

TERMS OF USE

 

1. LEGAL INFORMATION & ACCEPTANCE OF TERMS

 

1.1  The website at www.ferdinandberthoud.ch (the “Website” or the “Site”) is operated by Chronométrie Ferdinand Berthoud SA, a Swiss corporation (“Ferdinand Berthoud”, “it”, “its”, “we”, “us”, “our”), and use thereof is governed by the following terms of use ( “Terms of Use” or “Terms”).  We have drafted these Terms to tell you how you may use our Website and other services we provide you (collectively, “Services”).

 

1.2  Please take the time to read these Terms of Use carefully before you access our Website or use any of our other Services. If you disagree with any clause of these Terms of Use, please exit the Website immediately and do not use our other Services.

 

1.3  Ferdinand Berthoud may from time to time revise, change, modify and/or remove part of these Terms of Use at its sole discretion. The new dated version of these Terms of Use takes effect as soon as it is published on-line.

 

1.4    These Terms, together with our Privacy Policy, govern Ferdinand Berthoud’s relationship to you in relation to this Website.

 

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

 

3.2  In using our Services, you may provide us with or otherwise allow us to use certain content or other information from you– for instance, when you provide us photos or other information about your experience with Ferdinand Berthoud watches and more.  In doing so, you grant Ferdinand Berthoud an unrestricted, irrevocable, worldwide, royalty-free, perpetual, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute the content or other information you provide.  Consistent with our Privacy Policy,  we may use any content or other information that you provide in a number of ways, including but not limited to facilitating your Ferdinand Berthoud experience and for operating, developing, providing, promoting, and improving the Services, as well as for researching and creating new Ferdinand Berthoud services.

 

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.

 

Your Behavior

 

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.

3.7  Ferdinand Berthoud allows you to share information about yourself with Ferdinand Berthoud – including your photos showing your experiences with our products.  We also allow you to communicate with us – for instance, to ask questions, provide feedback and suggestions, and the like.  Any communication or other material that you send to us through the Internet is and will be deemed to be non-confidential.  Ferdinand Berthoud has no obligation of any kind with respect to such information provided.  Consequently, any Personal Information (as defined in our Privacy Policy) or other sensitive information that you choose to share may be viewable to others.   You agree that any information you share may be viewable by others.  Please do not share information that you would not want to be viewed by others, or otherwise be publicly available, such as your Personal Information (as defined in our Privacy Policy). 

 

3.8  There may be times when we ask you for your Personal Information in order to facilitate certain Services – for instance, when you contact us with feedback or questions, we may ask for your contact information so that we can contact you further if needed.  When communicating with us, please do not share your Personal Information with Ferdinand Berthoud unless we specifically request it.  Additional information regarding our use of Personal Information can be found in our Privacy Policy.

 

4. PRIVACY

 

4.1  Your privacy is important – both to you and to us.  Please view our Privacy Policy to learn how your information is handled when you register for and use our Services.

 

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  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

 

7.1  Any personal identification or information sent via the Internet to the Website is protected and treated according to Ferdinand Berthoud’s Privacy Policy. Ferdinand Berthoud invites you to read the Privacy Policy carefully before sending any such personal identification or information.

 

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 SERVICES

 

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.  LINKS

 

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

 

13.1  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.

 

13.1  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. Any dispute, controversy or claim arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the Republic and Canton of Neuchatel, Switzerland, with the exception of an appeal to the Swiss Federal Court, and the parties agree and submit to the personal and exclusive jurisdiction and venue of this court.

 

14. SEVERABILITY

 

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

2114 Fleurier

Switzerland

Email:  contact@FerdinandBerthoud.ch

Tel: +41 32 862 21 21

 

 

Effective date:  … February 2020