TERMS OF USE

These Terms of Use apply to the use of and the documents referred to on the www.frederiqueconstant.com website (hereinafter “Website”).

Use of the Website includes any action related to navigation on it, in any part, including: access, registrations, orders and comments. It is important that these terms are read and understood before using the Website, as users will be bound by them when they access it.

The user expressly acknowledges having read these Terms of Use and having had access to them on entry to the Website, thereby confirming their acceptance of them. If you do not accept these terms, please do not continue to access the Website.

This Website is maintained and operated by Frédérique Constant Holding SA. (hereinafter “Frédérique Constant” or “we” or “us”) a company whose registered office is at 32 Chemin Champ des Filles, 1228 Plan-les-Ouates.

Change to the Terms of Use

We have the right to change or update these terms at any time without notice. For this reason, is it important to check this page to inform yourself of any changes. If you use our Website after these changes, you agree to be bound by the new changes.

If you have any questions about our Terms of Use, please email or call customer services before placing an order.

Intellectual Property Rights

The marks are important to establish and protect the identity of the company and the product and must be used correctly and consistently.

Frédérique Constant and its related subsidiaries have invested a great deal of time and resources in protecting and promoting its marks in order to ensure they meet the same high quality standards that make the Frédérique Constant Collection stand out. 

As part of this protection, our company and authorised licensors own all the rights in the Website, including: the names and marks, designs, logos, graphics, audiovisual material, photographs, data and any other content of the Website not specified in this clause.

The patents and designs are also protected by intellectual property rights and we have ensured our products are protected by them.

The World Intellectual Property Organization considers that all works are protected regardless of their medium, whether on paper or on the Internet. It also considers that the content of the Website may only be used as part of a general licence set out on the Website or an authorisation.

Although access to the content of this Website is public, the material and documents found on it are protected content, and the only actions permitted using it are for domestic or private use and never commercial use. Use does not confer ownership of the content and the use of images or any audio-visual medium as well as texts is prohibited, without first citing the mark. In addition, it is also prohibited to copy, reproduce, modify, distribute or exploit the content of this site without permission.

Trademarks

Frédérique Constant and this logo are an internationally registered and protected trademark.

In addition, the following trademarks are registered trademarks of Frédérique Constant Holding S.A. and Frédérique Constant S.A.

Frederique Constant Highlife

Frederique Constant Yachttimer 

Frederique Constant Junior

Frederique Constant Double Heart and Double Heart

Frederique Constant Heart Beat and Heart Beat

Frederique Constant Amour

Vintage Rally 

Persuasion

Coeur Ouvert

Runabout

Frederique Constant Delight

Frederique Constant Senses

Frederique Constant Activity Timer

Frederique Constant Business Timer

In order to comply with international and national law, you may cite our trademarks provided that each trademark is quoted with the symbol assigned to it at least once in each part. Copyright must be cited with the copyright © symbol and trademarks with the appropriate trademark “™” symbol. This symbol must appear in the first conspicuous reference, usually in a title, and again in the first reference in the body of the text. It is not necessary to repeat the designation in the rest of the document.

USER ACTIONS

1- Communications and other actions

Communications established via our official channels and with Frédérique Constant representatives will be protected and confidential. It is only when the case requires different treatment that the content of this communication may be transmitted to third parties, in compliance with the law, in order to ensure that your data remains protected.

All other communications that may be made via the Website or social networks, including files, images or information, are subject to the following conditions:

With the exception of your personal data, protected by the privacy policy, any material as mentioned above and sent spontaneously will be treated as non-confidential.

In addition, you must ensure that you own or hold the necessary licences for the material sent and that it is not defamatory, offensive or hateful and that the content is not harmful or likely to cause harm to Frédérique Constant or any third party.

The material may be used in any medium or technology currently known or developed subsequently.

We have no obligation with respect to the material sent, and we reserve the right to delete or modify any user-generated content deemed to be in breach of the above general terms and conditions, and/or delete any registered user account connected to such content.

2- Proposals 

Frédérique Constant enjoys a worldwide reputation for the design and manufacture of high quality watches. To ensure this, it has its own sources of creativity, and, in particular, designers who imagine and perfect our creations. For this reason, Frédérique Constant cannot accept unsolicited collaboration proposals.

Please do not send us spontaneous proposals. If you do so, any unsolicited communication or material that you send to Frédérique Constant via the Website, by email or otherwise, excluding your personal information, including, but not limited to, all data, questions or answers, comments, suggestions or other elements will be treated as non-confidential and non-proprietary.

Anything you communicate may be used by Frédérique Constant and its affiliates for any purpose whatsoever, including, but not limited to, the reproduction, disclosure, transmission, publication, dissemination and publication or the development, manufacture and marketing of products using this information.

3- Prohibitions

All actions carried out in bad faith or illegally by users in order to obtain any product from our Website are strictly prohibited and will be considered a criminal offence. Using false names or identities of persons working for the company to infringe or commit fraudulent actions against Frédérique Constant will also be considered a criminal offence. 

Any action intended to interfere with the smooth running of the Website, namely: transmitting or distributing harmful or malicious software; attempting to interfere or disrupt the technical platform on which the Website is hosted or the service offered by this Website and sending unsolicited promotional material or “spam” to the email addresses contained on the Website will be considered a criminal breach. It is also prohibited to reproduce the Website as it is or in its entirety, a situation regarding which we could not be held liable if such a reproduction was made without our consent.

Frédérique Constant will report any such breach to the competent judicial authorities and will disclose all relevant information that could be used to check your identity.

SEPARABILITY

Were one or more provisions of these Terms of Use to become invalid, void or unenforceable, the legal effect of the other provisions would not be affected unless otherwise provided for by applicable law.

These terms constitute a contract between the user of the Website or the platform and Frédérique Constant. Should any of these provisions not be performed by Frédérique Constant, it may not be understood in any way that this indicates a waiver of these terms or of any right.

LIABILITY AND WARRANTIES

DISCLAIMER OF LIABILITY AND WARRANTIES

To the extent permitted by law, Frédérique Constant does not guarantee that the content of its Website is accurate, complete or up to date. We are not liable for:

-Errors or inaccuracies contained on the Website

-Material damage, of any kind, resulting from your access to and use of the Website.

– Damage that has occurred from any unauthorised access or use of our secure servers and/or unauthorised use of any personal and/or financial information stored on them.

– Any interruption or cessation of transmission to or from the Website and any bugs, viruses, Trojan horses or similar objects that may be transmitted to/via our Website by a third party

– Any error or omission in our content or for any loss or damage of any kind resulting from the private use of any content posted, emailed, transmitted or otherwise made available through the Website.

Frédérique Constant will not be liable for any loss or damage caused by a virus or any other content that could infect your computer equipment.

No warranty of any kind is implied by the information or advice given on this Website, except as expressly stated in these General Terms and Conditions.

We remind you that the only valid warranty recognised by Frédérique Constant is that which comes with each product or that which is expressly agreed between the parties and included in the international warranty.

LIMITATION OF LIABILITY

You agree to browse the Website at your own risk.

For this reason, Frédérique Constant cannot be held liable for any “damage” resulting from use of this Website and its content. Damage is understand as the following and includes that specified in the above clause: loss of data, direct or indirect, incidental or consequential damage due to the use or inability to use the platform.

The foregoing applies regardless of the contractual relationship that users have with Frédérique Constant.

We may change access to or operation of the Website at any time without notice and will not be liable for any aforementioned damage.

LINKS TO THIRD PARTIES

Links to third-party websites do not involve Frédérique Constant’s liability under any circumstance. These third-party websites have their own privacy policies, security, encryption and terms of use. These are different from our General Terms and Conditions and we cannot be held liable for any damage arising from information you enter on these websites.

GOVERNING LAW

In principle, these Terms of Use are be governed by and construed in accordance with Swiss law. In this case, any dispute or controversy regarding these terms and conditions will be subject to the jurisdiction of the courts of Geneva, the competent courts of Frédérique Constant’s registered address. However, the laws and courts of other countries in which Frédérique Constant operates may be applicable on a case-by-case basis.