LEGAL

FREDERIQUE CONSTANT
E-COMMERCE
TERMS & CONDITIONS

These terms and conditions apply to all users of frederiqueconsant.com a website owned and operated by Macher SA (the ‘Website’). By using any part of the Website, registering, placing an order, submitting a comment or entering a competition, you agree to be bound by these terms and conditions.

Please note that these terms and conditions may be amended or update at any time and without notice. If you have any queries concerning our conditions of service please email customer service email and telephone before placing an order.

The Website may contain links to third party websites that are not owned or controlled by Macher SA We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Macher SA will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Macher SA from any and all liability arising from your use of any third-party website.

TERMS OF SALE

By placing an order you agree to the terms and conditions here stated. All orders are subject to availability and confirmation of the order price.

Pricing and availability: All prices for goods and services on this Website are in Swiss Francs (CHF) and are inclusive of VAT, customs duties and shipping. The exchange rate with your local currency at check out will be determined by your credit card company or bank, according to their general terms & conditions. In some countries additional taxes may be charged; in such cases, these costs will be separately invoiced by the courier company and/or the local tax authorities, and they are the responsibility of the buyer. Delivery charges may be applied on a per order basis – the total cost of your order will include the cost of goods and delivery charges minus any promotional discount (if applicable).

Eligibility: In order to purchase goods or services from this Website you must be over 18 years of age and have a valid debit or credit card. In placing an order you warrant that all details provided by you are true and accurate, that you are the authorised user of the credit or debit card used to place the order and that sufficient funds are available to complete the order. Macher SA reserves the right to refuse any order made by you.

Payment: Upon receiving your order we will conduct standard pre-authorisation checks on your payment card to ensure that sufficient funds are available to fulfil the transaction. Your card will be debited once your order has been confirmed (see below). For orders by bank transfer we will ship your purchase only upon receipt of funds on our account.

Contract: On placing an order with us you will receive an email from us acknowledging receipt of your order. Please note that your order is subject to availability and this email does not constitute acceptance of your order. Once your items have been picked and readied for delivery we will send you a confirmation email, which will constitute our contract with you to supply the goods and services detailed within the email.  How will it exactly work?

Shipping: Dispatch times may vary and are subject to availability of stock. We will not be held responsible for services supplied by third parties or delays within the postal network. For detailed information concerning delivery pricing and dispatch timing please see the Shipping & Returns page.

Discounts: From time to time we may offer discount codes to our customers; such codes are governed by the terms and conditions explicitly set out against them.

Product features, prices and information on this website are subject to change without notice.

We are not selling products at 0 CHF and other currency, the company is allow to cancel orders in price in 0.

PRIVACY & SECURITY

Except in the following cases, and unless otherwise explicitly mentioned on the Website, Macher SA does not collect personal information when you visit the Website, submit feedback or questions, enter a contest or expressly agree to it. When you submit feedback or questions via e-mail, or contact us for information about the Website, we will request your name and e-mail address. We need this information to respond to your inquiries and we may use it for marketing purposes. When you enter a contest or other promotional feature, we may ask for your name, address and e-mail address so we can administer the contest and notify the winner. We may also use such information for marketing purposes.

Macher SA commits not to share, rent or give any personal information to any third party, excluded to other companies belonging to Frédérique Constant Company (Frédérique Constant, Ateliers de Monaco), without your written permission. Any further information, materials, suggestions, ideas or comments sent to any contact form on frederiqueconstant.com or any e-mail addresses at frederique-constant.com will not be treated as confidential, proprietary or trade secret information and, by submitting such information, you are granting Macher SA an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information of any purpose whatsoever. Unless otherwise required by law, Macher SA will not use your name in connection with any such information, materials, suggestions, ideas or comments without your prior written consent.

USER GENERATED CONTENT

Users may submit images, comments and reviews for publication on the Website. Such user-generated content is subject to the following terms and conditions:

By submitting material to the Website you automatically grant Macher SA the royalty-free, perpetual and exclusive right and license to use, reproduce, modify, publish and create derivative works from such material worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also acknowledge that Macher SA is not obliged to publish any material submitted by you, and may remove any previously submitted materials from the Website at any time.

You are solely responsible for your own submissions and the consequences of posting or publishing them. When submitting material to the Website, you affirm that you own or hold the necessary licenses, rights and consents to the material you are submitting. In submitting materials you agree that you will not: submit copyrighted materials for which you do not have consent; publish defamatory, obscene or libelous content, or subject matter likely to cause offence; impersonate another person; publish malicious content likely to damage Macher SA or a third party.

Macher SA does not endorse any opinion, recommendation, or advice expressed within user submissions, and Macher SA expressly disclaims any and all liability in connection with the user-generated content published on or through the Website. Macher SA does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Macher SA will remove all user generated content if properly notified that such content infringes on another’s intellectual property rights. Macher SA reserves the right to remove or edit any user generated content that it deems in breach of the above terms and conditions, and/or to delete any user registered account related to such content.

PROHIBITIONS

You must not interfere with the smooth running and operation of the Website. You will not commit or encourage a criminal offence; transmit or distribute harmful or malicious software; attempt to interfere with or cause disruption to the technical platform on which the Website is hosted or the service offered by this website; send unsolicited promotional material or ‘spam’ to email addresses contained within the Website. Breaching this provision would constitute a criminal offence.  Macher SA will report any such breach to the relevant legal authorities and will disclose all relevant information which could be used to ascertain your identity.

DISCLAIMER

You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Macher SA its officers, directors, employees, subsidiary companies and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Macher SA makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.

LIMITATION OF LIABILITY

The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Macher SA and its suppliers and content providers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or linked sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

INDEMNITY

You agree to defend, indemnify and hold harmless Macher SA, officers, directors, employees, agents and subsidiary companies, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these terms and conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defence and indemnification obligation will survive these terms and conditions and your use of the Website.

COMPLIANCE

You agree to comply with the above stated terms and conditions. Should you break these terms, or incur liabilities as a consequence of using the Website, you will be responsible for the costs and expenses that we incur as a result of such breach including legal fees (if applicable). You will remain liable if someone else uses your account or personal information unless you can prove such use was fraudulent.

ORDER PROCESS

Orders will be subject to acceptance in accordance with these Terms and Conditions and our Privacy Policy. Macher SA reserves the right to cancel or amend orders at any time.

GOVERNING LAW & JURISDICTION

These terms and conditions are to be construed in accordance with the laws of Switzerland and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of Switzerland courts.

FREDERIQUE CONSTANT

LEGAL TERMS

IMPRESSUM

TERMS OF USE

Welcome to the Website designed and published by Frederique Constant SA. (here in after referred to as “Frederique Constant”) a company having offices at Macher SA, Zürichstrasse 17, CH - 2504 Biel/Bienne, Switzerland Tel: 026 460 72 50, Email: ecommerce.swiss[at]frederique-constant[dot]com
. Please read these Terms carefully before using the Website. Users expressly acknowledge that they are aware of these Terms and have had access to the same upon entering the Web Site. Please note that by accessing or using the Website you agree to be bound by these Terms of Use and our Privacy Policy posted on the Website. Please read them carefully before using the Website. If you do not agree to these terms, please do not continue to access the Website.

FREDERIQUE CONSTANT TRADEMARKS

Frederique Constant S.A. and its related subsidiaries have invested significant time and resources to protect and promote its trademarks, equating them with the same high standards of quality that distinguish the Frederique Constant Collection. Trademarks are important for establishing and protecting corporate and product identity, but they are fragile rights that can be lost through misuse. Trademarks must be used properly and consistently otherwise the trademark risks becoming generic, making the mark impossible to enforce. Please note the following Frederique Constant Trademarks:

Frederique Constant
The Frederique Constant Family Crest
Frederique Constant Heart Beat
Frederique Constant Highlife
Frederique Constant Yacht Timer
Frederique Constant Grandgala
Frederique Constant Delight
Frederique Constant Vintage Rally
Frederique Constant Junior
Coeur Ouvert
Double Heart
Heart Beat
Hearts of Children
Maxime
Persuasion
Runabout

You may cite our trademarks as long as each trademark is attributed with its appropriate symbol at least once in each piece. The appropriate trademark symbol ‘™ ‘ must appear on the first prominent reference, typically in a headline, and again on first reference in body copy. It’s not necessary to repeat the designation throughout the rest of the document. However, attribute trademarks on first occurrence within sidebars, charts, tables, graphs, and slides, since these elements have greater potential to be read or placed independently. Always acknowledge ownership of the trademark with a trademark attribution line:
Copyright © 2014 All rights reserved. Frederique Constant Heart Beat™ is a registered trademark of Frederique Constant S.A.

FREDERIQUE CONSTANT PATENTS

A “patent” is a document issued by a national government granting the patentee the exclusive right to manufacture, use or sell the invention described in the patent for a prescribed interval of time. After that interval of time has expired, the invention is “on the public domain”, which means that it is free for anyone to use without payment to the patentee. We are talking here about utility patents, which cover the structure and function of an invention. A “patent Application” is a document which a person files with a national government requesting that a patent be granted covering a particular invention. Frederique Constant has an approved Patent for its Heart Beat Manufacture, Tourbillon and Yacht Timer movement.

FREDERIQUE CONSTANT DESIGN REGISTRATIONS

Frederique Constant registers designs of most of its new watches. Specifically watches that have unique design features are registered before presentation at Baselworld. These design registrations cover a broad range of appearance details of Frederique Constant watches. Infringement has and will be actively pursued. Please contact Frederique Constant if any questions or comments.

PROPOSALS

Frederique Constant enjoys a worldwide reputation for both the design and manufacture of high quality watches. To this end, it possesses its own sources of creativity, in particular designers who conceive and perfect Frederique Constant ‘s creations. As a result, Frederique Constant cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that Frederique Constant may already be working on similar ideas. Consequently, please do not send Frederique Constant ideas or other proposals. Any unsolicited communication or material you transmit to Frederique Constant via the Website, by electronic mail or otherwise, excluding Personal Information about themselves, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential and non-proprietary by Frederique Constant. By sending communications to Frederique Constant, you automatically grant Frederique Constant a worldwide, royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything you transmit may be used by Frederique Constant and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

WARRANTIES OR REPRESENTATIONS

INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND. FREDERIQUE CONSTANT AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. FREDERIQUE CONSTANT AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS. IN NO EVENT WILL FREDERIQUE CONSTANT BE LIABLE TO ANY PARTY FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER FOR ANY USE OR INABILITY TO USE OF THIS WEBSITE OR ITS CONTENTS, OR OF ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Information on this Website may contain technical inaccuracies or typographical errors. The information contained on the Website may be changed at any time without prior notification or obligation. Information that Frederique Constant publishes on the Website may contain references or cross references to Frederique Constant products, services etc. that are not announced or available in your country or adapted for use in your country. The accuracy of such information cannot be guaranteed, particularly since this information is subject to change, specific requirements or availability. Please note that such references do not imply that Frederique Constant intends to introduce such products, services etc. in your country. Contact your local Frederique Constant dealer for complete details regarding the products, services etc. which may be available in your country.

SALE OF WATCHES

All products displayed on the Website may be available at Official Frederique Constant Retailers. To ensure authenticity, genuine Frederique Constant products are sold exclusively through Official Frederique Constant Retailers. Frederique Constant does not sell watches directly from the Website and cannot ensure the authenticity of watches sold online. Frederique Constant invites you to visit your nearest Official Frederique Constant Retailer. Frederique Constant disclaims any relationship to, or responsibility for, any timepiece or other item bearing the Frederique Constant name, brand, logotype or symbol offered for sale by anyone not being an Official Frederique Constant Retailer. Purchasing such an item from an unauthorized party is therefore at the buyer’s sole risk, particularly in the case of counterfeit or substandard products and in case of products purchased on the Internet. No explicit or implicit warranty or servicing or any other obligation shall ensue for Frederique Constant or for any of its authorized representatives for products sold by unauthorized parties and not accompanied by a duly stamped Frederique Constant international warranty certificate. For the above reasons and in your own interest, you are invited to acquire only genuine Frederique Constant timepieces available exclusively from a legitimate Official Frederique Constant Retailer. Frederique Constant reserves the right at all times to modify its models featured in the Website. While Frederique Constant has tried to accurately display shapes and colors of its products on the Website, they mostly depend on your monitor and may therefore be perceived differently.

Any addition or substitution of parts or accessories with those not manufactured by Frederique Constant, as well as any alteration, modification or other material change made to or on Frederique Constant products by a third party not authorized by Frederique Constant cancels the warranty. Frederique Constant does not approve any modification made by non-authorized third parties on the Frederique Constant products as modifications may harm the quality and the integrity of the Frederique Constant products.

REVISION

Frederique Constant reserves the right to modify, alter or otherwise update these Terms of Use from time to time and you agree to be bound by such modifications, alterations or updates. If these Terms of Use change, the revised Terms of Use will be posted on the Website. Please check back periodically and/or before you provide any personally identifiable information.

DIVISIBILITY

Should one or several provisions of these Terms of Use become invalid, null or unenforceable, then the legal effect of the other provisions shall not thereby be affected.

APPLICABLE LAW

These Terms of Use shall be governed by and construed in accordance with Switzerland law. The Parties agree that the Courts of Biel/Bienne will have jurisdiction to settle any dispute which may arise out of, under or in connection with these Terms of Use. January 2018