TERMS AND CONDITIONS
This Website is edited by Baume & Mercier, Branch of Richemont International S.A. (“Baume & Mercier”), a Swiss company having its place of business at 50 ch. de la Chênaie, 1293 Bellevue/Genève, Switzerland.
Alain Zimmermann – Chief Executive Officer
tel. +41 (22) 999 51 51
Hosting services for this Web Site are provided by Richemont International S.A., GIS Data Services, 10 route des Biches, 1752 Villars sur Glane
Terms & Conditions of Use.
Use of this Web Site is subject to the following terms and conditions ("Terms"). BAUME & MERCIER may revise these Terms from time to time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. Consequently, Users should consult the Terms regularly.
Please read these Terms carefully before using the Web Site. Users expressly acknowledge that they are aware of these Terms and have had access to the same upon entering the Web Site. Consequently, by using the Web Site, Users signify their assent and agreement to these Terms. If User does not agree to these Terms, then User is not authorised to continue consultation and access of the Web Site.
Use of Materials on this Web Site.
BAUME & MERCIER has created this Web Site to provide information about its company and products for Users’ personal use. Users may download one computer copy or print one copy of the material on this Web Site for their own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™ are preserved in tact and are not modified, deleted or changed. Unless otherwise stated, Users should assume that everything they see or read on the Web Site (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, written and other materials) ("BAUME & MERCIER Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
Users are not authorised to sell, reproduce, distribute, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any BAUME & MERCIER Material in any way for any public or commercial purposes. Furthermore, BAUME & MERCIER Material may not be displayed or communicated on any other web site, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, Users’ permission to use BAUME & MERCIER Material will automatically terminate and any copies made of BAUME & MERCIER Material must be immediately destroyed. Any unauthorised use of BAUME & MERCIER Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Any unsolicited communication or material Users transmit to BAUME & MERCIER via the Web Site, 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 BAUME & MERCIER. By sending communications to BAUME & MERCIER, Users automatically grant BAUME & MERCIER a 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 Users transmit may be used by BAUME & MERCIER 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.
Furthermore, BAUME & MERCIER 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 highly skilled teams of designers who conceive and perfect BAUME & MERCIER ’s creations. As a result, BAUME & MERCIER cannot agree to or accept being the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that BAUME & MERCIER may already be working on similar ideas. Consequently, Users are advised that BAUME & MERCIER is not interested in receiving ideas or other proposals they may wish to submit.
Children who are under age (minors) should not send any information about themselves or their friends and should not register for any of the BAUME & MERCIER on-line services nor should they make requests to receive further information from BAUME & MERCIER by clicking consent or request buttons on the Web Site. Should We discover or be informed that a child has registered his/her or another child’s personal details, We will delete such information from our records.
NOTE TO PARENTS.
BAUME & MERCIER will not intentionally collect personally identifiable information from minors (notably children under the age of 18) . If, as a parent or legal guardian you are concerned that your child has registered for one of our services, wish to cancel your child’s registration and have all their details deleted, please contact us by e-mail at : firstname.lastname@example.org or write to us at the following address providing official documents establishing parental or guardian status.:
Baume & Mercier, Branch of Richemont International SA
50, Chemin de la Chênaie
Any personally identifiable information such as your name, address, contact numbers and preferences etc. (hereinafter referred to as “Personal Information”) you make available to BAUME & MERCIER is done so voluntarily, with your knowledge and consent when making a request, submission or registration for services from BAUME & MERCIER either over the telephone or through registration forms.
Registration forms contain both mandatory fields (indicated with an asterisk (*)) and non-mandatory fields; if you choose not to complete the mandatory fields then BAUME & MERCIER may not be able to respond to your request or activate your option choices.
Requests for information made by telephone may be recorded for quality control and to ensure the accurate registration of your request and Personal Information.
Personal Information provided to us will be used jointly by duly authorised BAUME & MERCIER personnel in Switzerland and its subsidiaries worldwide and occasionally by other persons or companies who carry out internal operations in relation to our business. Our subsidiaries and some of our business partners are located outside Switzerland and consequently your Personal Information may be transferred abroad. However, all such persons/companies are subject to confidentiality agreements and to the strict respect of your privacy in accordance with applicable legislation. The Personal Information made available by you will be used to provide the requested services and may be used both for marketing research purposes relating to BAUME & MERCIER ’s business and to provide information to you relating to its products and events.
Other than as stated above, BAUME & MERCIER will not use your Personal Information for unsolicited communications. We do not sell, rent or otherwise make available any Personal Information submitted to us to any third parties unless it is to our business partners, our legal advisors or where so required by law or a court decision. BAUME & MERCIER will use its best endeavours to ensure that such Personal Information is kept secure at all times.
In all cases and on request, BAUME & MERCIER will remove your Personal Information from its database thereby cancelling your registration to any of the BAUME & MERCIER services. You are also advised that upon written request you may inspect your Personal Information and/or request that information about you be corrected, amended or deleted.
All requests relating to your Personal Information as well as any request to cancel your registration for services offered by BAUME & MERCIER can be sent by e-mail:
email@example.com or write to us at the following address:
Baume & Mercier, Branch of Richemont International SA
50, Chemin de la Chênaie
CH-1293 Bellevue/GE Switzerland
In the event that you choose to share information with friends or other third parties using our services, you will assume entire responsibility for any messages you send through our Web site or third party Personal Information you provide us. Baume & Mercier does not retain this Personal Information other than for sending the requested e-mail unless you send the requested e-mail to yourself.
From time to time, BAUME & MERCIER may amend this Privacy Statement in accordance with modified legislative obligations. Our Privacy Statement can be consulted at any time from our Web Site at www.baume-et-mercier.com.
Our Web Site database is managed by Baume & Mercier but the Personal Information collected will be stored securely by our Hosting Services (see above) in Switzerland. Our Privacy Statement is governed by and will be construed in accordance with the laws of Switzerland without regard to its conflicts of law provisions. Any differences will be submitted to the exclusive jurisdiction of the competent Swiss courts.
Users are advised that if Baume & Mercier or substantially all of its assets are acquired by another entity as a result of an acquisition, merger or sale, re-organisation or liquidation, your Personal Information may be one of the transferred assets.
BAUME & MERCIER trusts that its Privacy Statement demonstrates its commitment to managing your Personal Information in accordance with current legislative obligations in such a way as to fully protect your privacy.
In addition, in the “My Favourites” section of the Web site, users can select and save favourite products from any given product page. To do this a temporary cookie is used to "save" the selected products during their visit. If a user does not accept cookies, no session will be saved.
Only those users who have retained the cookie will be able to see their favourite products in the My Favourites section on a return visit.
Disclaimer.The information on the Web Site is intended for general information purposes only. BAUME & MERCIER tries to ensure that the information provided is accurate and complete. However, BAUME & MERCIER does not warrant or represent that BAUME & MERCIER Material is accurate, error-free or reliable or that use of BAUME & MERCIER Material will not infringe rights of third parties. Use of the Web Site is at Users’ risk.
Furthermore, whilst considerable effort has been made to ensure that the photographs and other graphic representations of BAUME & MERCIER products displayed on the Web Site are representative of the colour, design and style etc. of the original products, slight variations, distortions and/or differences may be apparent when compared to the original product. This may be due to technical issues such as your browser or computer settings and other reasons. Accordingly, BAUME & MERCIER will not be liable for any apparent differences in the photographs or graphical representations of BAUME & MERCIER products displayed on the Web Site and the original products. Consequently we strongly advise users to visit one of our authorized retailers to inspect the item they are interested in www.baume-et-mercier.com/store-locator.
BAUME & MERCIER does not warrant that the functional and/or technical aspects of the Web Site or the BAUME & MERCIER Material will be error free or that this Web Site, BAUME & MERCIER Material or the server that makes it available are free of viruses or other harmful components. If use of this Web Site, or BAUME & MERCIER Material results in the need for servicing or replacing property, material, equipment or data, BAUME & MERCIER is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to Users "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, REASONABLE CARE AND SKILL, OR NON-INFRINGEMENT. BAUME & MERCIER and its suppliers make no warranties about the BAUME & MERCIER Material, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply.
In general, all trademarks, logos and service marks (collectively the "Trademarks") which appear on this Web Site are registered and unregistered BAUME & MERCIER trademarks or are licensed for use by BAUME & MERCIER by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Web Site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on this Web Site without the written permission of BAUME & MERCIER or such third party who owns the trademark. Misuse of any trademark displayed on the Web Site, or any other content on the Web Site, except as provided herein, is strictly prohibited.
All contents of this Web Site are either Copyright ©2009 BAUME & MERCIER or are licensed for use by BAUME & MERCIER. All rights reserved. Please refer to the section of these Terms on Use of Materials on this Web Site above.
Links to other web sites operated by third parties not affiliated to BAUME & MERCIER may be indicated on the Web Site. The inclusion of any link to such third party sites does not imply endorsement by BAUME & MERCIER of those sites. BAUME & MERCIER has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to this Web Site. Linking to any other off-site pages or third sites is at Users’ own risk.
BAUME & MERCIER does not authorise linking to its Web Site from a third party web site without its prior written authorisation.
Users agree that BAUME & MERCIER may terminate Users’ access to and use of the Web Site if BAUME & MERCIER reasonably believes that Users have violated or acted inconsistently with the letter or spirit of this Agreement, or violated the rights of BAUME & MERCIER or any third party, or for any reason with or without notice to User. Users agree that BAUME & MERCIER may modify or discontinue this Web Site, with or without notice to them. Users agree that BAUME & MERCIER will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled "Disclaimer," "Limitation of Liability," and "General Provisions" will survive termination of these Terms.
Limitation of Liability
Under no circumstances whatsoever shall BAUME & MERCIER be liable for any loss arising out of or in connection with the use of information available from this Web Site whether direct or indirect including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, or incidental, special or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if BAUME & MERCIER has been advised of the possibility of such damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not be operable.
Unless otherwise specified, the information and materials in the site are presented solely for the purpose of promoting the products and services of BAUME & MERCIER. BAUME & MERCIER makes no representation that BAUME & MERCIER Material is appropriate or available for use in every country of the world. Users use this Web Site at their own risk and are responsible for compliance with applicable local laws, keeping in mind that access to BAUME & MERCIER Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. Any cause of action a User may have with respect to this Web Site must be commenced within two years after the claim or cause of action arises. These Terms will be governed by and construed in accordance with the laws of Switzerland without regard to its conflicts of law provisions. All disputes will be submitted to the exclusive jurisdiction of the competent Swiss courts. The waiver by BAUME & MERCIER of a breach of any provision of these Terms will not operate to be interpreted as a waiver of any other or subsequent breach.
Date of Posting: January 2011