FREDERIQUE CONSTANT SA a Swiss company based in Geneva with VAT number CHE-109.099.577. (hereinafter “FREDERIQUE CONSTANT”), creates, manufactures and markets watches (hereinafter the “Products”) in the world which can be purchased online at https://frederiqueconstant.com.
Through the website https://smartwatch-vitality.com (hereinafter the “Website”)., FREDERIQUE CONSTANT is offering a new Product named “Smartwatch Vitality” (hereinafter the “ Vitality”) with an exclusive additional service proposed to the buyers (hereinafter the “Customer”) of tailor-made configuration.
The Vitality will be available on the Website only in pre-sale.
The Customer can choose several limited configurations of the Vitality proposed by FREDERIQUE CONSTANT on the Website in relation to the case, the hands, the face and the strap of the Vitality (hereinafter the “Components”).
These terms and conditions (hereinafter the “TC”) apply to all users of the Website owned and operated by FREDERIQUE CONSTANT.
The TC apply to all individuals, persons or companies using (including registration, submitting comment, entering a competition) the Website (hereinafter the «User») and making a pre-order (hereinafter the « Pre-order ») for themselves or anyone else according to the conditions stipulated in the TC.
Please note that these terms and conditions may be amended or updated at any time and without notice. If the User have any queries concerning our conditions of service, he should contact the customer service team.
The Website may contain links to third party websites that are not owned or controlled by FREDERIQUE CONSTANT. FREDERIQUE CONSTANT have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, FREDERIQUE CONSTANT will not and cannot censor or edit the content of any third-party site. By using the Website, the User expressly relieve FREDERIQUE CONSTANT from any and all liability arising from the use of any third-party website.
All information contained in the Website can be modify at any time and without notice.
Conclusion of the sales agreement and payment
2.1 Identification with an account registration
Registration is required to Pre-order and purchase the Vitality and enjoy certain services or features made available to the User through the Website. When the User register, he must provide his/her own details such as his/her username or email address and password (hereinafter collectively referred to as “Personal Data 1”).
The User/Customer guarantees the veracity and accuracy of his/her Personal Data 1. If the User’s Personal Data 1 change after the registration, he/she must inform FREDERIQUE CONSTANT immediately using the contact form found on the “contact” page of the Website. The password created by the User for his account must be unique and stored safely. The User must inform FREDERIQUE CONSTANT if the security of his account is compromised or of any unauthorized use.
The User/Customer shall ensure that his/her Personal Data 1, which are strictly personal to him/her, are kept secret and safe at all times. (S)he therefore undertakes never to communicate them to third parties.
Under no circumstances may FREDERIQUE CONSTANT be held liable for any fraudulent use, loss or theft of the Customer’s account (including his/her Personal Data 1) resulting from its access to by a third party. In all of the aforementioned situations, the Customer undertakes to notify FREDERIQUE CONSTANT in writing immediately.
Details which are recorded by the Website shall constitute evidence of all transactions between FREDERIQUE CONSTANT and the Customer. In the event of a dispute between FREDERIQUE CONSTANT and the Customer over a transaction which has been made on the Website, the details recorded by FREDERIQUE CONSTANT shall be regarded as valid and conclusive evidence of the content of the transaction.
The User/Customer can deactivate his/her account at any time by sending a request to this effect by email to customer services. After his/her account has been deactivated, the Customer shall be free to create a new account at any point in time.
To Pre-order and purchase the Vitality from the Website, the Customer must be over 18 years of age and have a valid debit or credit card. In placing a Pre-order, the Customer warrant that all details she/he provides are true and accurate, that she/he are the authorized user of the credit or debit card used to place the Pre-order and that sufficient funds are available to complete the Pre-order. FREDERIQUE CONSTANT reserves the right to refuse any Pre-order.
This offer is limited to some countries only. Please check the list below to see the countries included in this offer.
Finland, France, Germany, Liechtenstein,Luxembourg, Monaco,
Netherlands, Norway, Portugal, Spain, Sweden, Switzerland.
All other countries are excluded from the possibility to buy the watches offered by FREDERIQUE CONSTANT within this special promotion. Thus, any shipment and purchase will be impossible for a person outside the authorize countries, even if the website might be accessible and seen by that person
2.3 Pre-order process
The Customer can place a Pre-order by adding the Vitality in his/her shopping cart on the Website and by following the “Check out” procedure which will lead to the payment process.
The Vitality pre-ordered shall correspond to the configuration chosen by the Customer based on the range of customization (choice of Components) proposed by FREDERIQUE CONSTANT on the Website.
The Customer, who shall have pre-ordered Vitality, then has to provide to FREDERIQUE CONSTANT his/her billing details, such as his/her first name, last name, or company name, address and email address (hereinafter collectively referred to as “Personal Data 2”).
The Customer guarantees the veracity and accuracy of his/her Personal Data 2, undertakes to update them and to inform FREDERIQUE CONSTANT by email of any change there to. FREDERIQUE CONSTANT shall not be held responsible in case of in accurate or wrong information shared by the Customer even if the updated information has been shared.
In order to pay the Vitality, the Customer shall be invited to confirm his/her acceptance of the TC, which govern access to and use of the Website.
The TC are those in force on the date of his/her Pre-order every time the Customer pre-orders and purchases an Vitality on the Website. The TC can be accessed by the Customer before pre-ordering and purchasing and when (s)he is asked to confirm his/her acceptance of the TC on the Website.
By ticking the box provided, the Customer acknowledges that (s)he has read, understood and accepted without reservation the TC of the Website.
By following the here above process, the Customer place a Pre-order.
2.4 Acknowledgement of receipt of Pre-orders by FREDERIQUE CONSTANT
Once the Customer has placed his/her Pre-order on the Website and payed the price of the Pre-order, (s)he shall receive from FREDERIQUE CONSTANT an acknowledgement of receipt of the Pre-order by email, which shall state the details of his/her Pre-order. The acknowledgement of receipt of the Pre-order, which shall serve as an invoice, shall include a reference number assigned by FREDERIQUE CONSTANT, which the Customer shall be asked to store in a safe place (hereinafter the “Reference Number”). This Reference Number shall be useful for any subsequent requests or searches for information concerning the Customer’s Pre-order. This acknowledgement of receipt of the Pre-order by FREDERIQUE CONSTANT shall not constitute an acceptance of the Pre-order.
2.5 Confirmation of Pre-orders by FREDERIQUE CONSTANT
If FREDERIQUE CONSTANT accepts the Customer’s Pre-order, FREDERIQUE CONSTANT shall confirm the Pre-order by email and shall stipulate the total amount of the Pre-order, the quantity of Vitality pre-ordered and details of the delivery costs and delivery time to the address communicated by the Customer. In this respect, FREDERIQUE CONSTANT shall take into account additional information provided by the Customer in the “Pre-order notes” tab in the billing section.
After FREDERIQUE CONSTANT have sent the Customer the confirmation of the Pre-order, and once FREDERIQUE CONSTANT shall have received the Customer’s payment for the Vitality, FREDERIQUE CONSTANT shall carry out the usual security and anti-fraud checks and shall then process the Pre-order.
FREDERIQUE CONSTANT reserves the right to reject or cancel a Pre-order from a Customer with whom FREDERIQUE CONSTANT is in dispute with regard to a previous order, or if FREDERIQUE CONSTANT reasonably believes that the Customer has breached the TC or has been involved in fraudulent activity, or for any other legitimate reason.
2.6 Availability of Vitality
The Vitality and prices offered by FREDERIQUE CONSTANT shall be those which appear on the Website at the time of the Pre-order. Considering the tailor-made character of the Vitality, the confirmation of the Pre-order may depend on the availability of Components. All Vitality will be produced after the payment by the Customer and the confirmation of the Pre-order.
If one or more Component(s) is/are unavailable after a Pre-order has been placed, the Customer shall not receive a confirmation of his/her Pre-order and be informed by customer services by email as soon as possible. Should this occur, the Customer will be invited either to choose another Component for his/her tailor-made Vitality or order another Product presented on the website https://frederiqueconstant.com/ as a substitute, or to cancel his/her Pre-order.
In case, FREDERIQUE CONSTANT cannot manufacture the Vitality with another Component chosen by the Customer or if (s)he refuses to order another Product or cancel his/her Pre-order, FREDERIQUE CONSTANT will refund to the Customer the price of the Pre-order.
FREDERIQUE CONSTANT shall not be liable if the Vitality Pre-ordered are unavailable.
FREDERIQUE CONSTANT reserves the right to modify at any time the Vitality and prices on the Website without notice.
2.7 Inappropriate use of Products (including Vitality)
FREDERIQUE CONSTANT shall not be held liable for damage caused by any inappropriate use of its Vitality.
It is made clear that FREDERIQUE CONSTANT poster campaigns and promotions (by their nature intended to showcase the attractive and innovative nature of FREDERIQUE CONSTANT Products (including the Vitality), and which may sometimes depict FREDERIQUE CONSTANT Products (including the Vitality) in unusual situations or usage) are not to be considered representative of the normal use of FREDERIQUE CONSTANT Products (including the Vitality) which could be claimed as such by the end user.
All prices for the Vitality on the Website are in Swiss Francs (CHF). The prices displayed in other currencies are converted from their base prices in Swiss Francs (CHF), which does mean that prices displayed in foreign currencies may vary.
The exchange rate with Customer’s local currency at check-out will be determined by the Customer credit card company or bank, according to their general terms & conditions. FREDERIQUE CONSTANT is not responsible for additional charges that the credit card company may charge its customers.
For purchases to be delivered in the authorized countries, prices include DDP (Delivery Duty Paid). Watches are delivered VAT included.
The Vitality campaign is available for the following countries ; Belgium, Finland, France, Germany, Liechtenstein, Luxemburg, Monaco, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland.
FREDERIQUE CONSTANT reserves the right to modify its prices at any time. Nevertheless, the price displayed on the Website on the day of the Pre-order will always be the only one applicable.
From time to time FREDERIQUE CONSTANT may offer discount codes to the Customers; such codes are governed by the terms and conditions explicitly applied to.
2.9 Secure payment
Payment can be made by any credit card listed during the pre-ordering process as explained in article 2.2. Full Payment must be made before the delivery of any Vitality can occur.
All credit card holders will be subject to a validation check carried out by the issuer of the card, who must also authorize the holder to use the card. The Personal Data 2 required for this check may be exchanged with third parties. FREDERIQUE CONSTANT cannot be held responsible for any delays or the non-delivery of the Pre-order in case the issuer of the card does not authorize the payment.
Upon receiving the Customer Pre-order, FREDERIQUE CONSTANT will conduct standard pre-authorization checks on the Customer payment card to ensure that enough funds are available to fulfil the transaction. The Customer card will be debited once the Pre-order has been confirmed by FREDERIQUE CONSTANT.
2.10 Period of delivery
The period of delivery may vary and is subject to availability of stock. FREDERIQUE CONSTANT will not be held responsible for services supplied by third parties or delays within the postal network or production. The Vitality value and shipping costs will not be refunded for packages refused by customs/shipping company due to delay or any other reasons.
2.11 Transfer of risks and transfer of ownership
The transfer of risks (including risk of loss, theft or damage) passes from FREDERIQUE CONSTANT to the Customer when the Vitality, its original case and the warranty card are delivered to the Customer.
The transfer of ownership of the Vitality ,its original case and the warranty card from FREDERIQUE CONSTANT to the Customer shall only take place, and therefore come into effect, once the Vitality is fully paid and once the amount of the purchase of the Vitality is credited on FREDERIQUE CONSTANT’s bank account.
If the Vitality, its original case and the warranty card have been delivered and if the payment for that Vitality shall not have been received or is cancelled while being processed, the Customer must immediately return the Vitality ,its original case and the warranty card to FREDERIQUE CONSTANT , Chemin du Champ-des-Filles 32, 1228 Plan-les-Ouates, Geneve, Switzerland, as soon as (s)he is required to do so by FREDERIQUE CONSTANT.
In case of the return of the Vitality, its original case and the warranty card by the Customer, the transfer of risks (including risk of loss, theft or damage) passes from the Customer to FREDERIQUE CONSTANT when the Vitality ,its original case and the warranty card are handed over to FREDERIQUE CONSTANT , Chemin du Champ-des-Filles 32, 1228 Plan-les-Ouates, Geneve, Switzerland by the Customer.
Discrepancy between the Vitality Pre-order confirmation and the Product delivered :
In case the Vitality delivered to the Customer does not correspond to the one confirmed by FREDERIQUE CONSTANT in the Pre-order confirmation, the Customer shall inform by email directly the customer services and point out the discrepancy(ies).The watch should remain in perfect condition and not be worn.
Once the customer services confirm the discrepancy(ies), the Customer shall immediately, at FREDERIQUE CONSTANT expenses, sent back the Vitality, its original case and the warranty card to FREDERIQUE CONSTANT at FREDERIQUE CONSTANT , Chemin du Champ-des-Filles 32, 1228 Plan-les-Ouates, Geneve.
Upon receipt of the concerned Vitality, its original case and the warranty card, FREDERIQUE CONSTANT shall sent to the Customer the Vitality, with its original case and the warranty card corresponding to the Pre-order confirmation depending on the availability of the stock.
If the Vitality corresponding to the Pre-order confirmation cannot be manufactured by FREDERIQUE CONSTANT, the article 2.6 of the TC hereabove shall apply.
Guarantee against defects :
FREDERIQUE CONSTANT scrupulously ensures that each Vitality is in strict keeping with its quality criteria and that they will pass all technical and esthetic checks.
The warranty period for the Vitality is 2 years since the date of delivery.
The Vitality is considered to be defective if it is damaged upon receipt or if a manufacturing fault is reported in accordance with and within the warranty period.
If the Customer’s Vitality is defective upon receipt or the Customer discovers a fault within the guarantee period of 2 years from the date of delivery, The Customer will have the option to return the Vitality for repair.
Any requests under guarantee or for repair, even in cases requiring replacement, will not lead to the extension of the warranty period.
The Vitality damaged through normal wear and tear will not be deemed.
Returns under warranty can only be made after agreement with FREDERIQUE CONSTANT aftersales service.
In case of accepted return by FREDERIQUE CONSTANT, the Customer shall sent back the Vitality, its original case and the warranty card to FREDERIQUE CONSTANT at FREDERIQUE CONSTANT , Chemin du Champ-des-Filles 32, 1228 Plan-les-Ouates, Geneve, Switzerland.
The shipping costs to FREDERIQUE CONSTANT are to be paid by the Customer. FREDERIQUE CONSTANT takes in charge the costs of the return to the Customer after repair.
The guarantee against defects is not applicable in the following cases:
- damage due to normal wear and tear and aging of the watch;
- damage due to non-compliant assembly;
- damage resulting from maintenance, repairs or disassembly not performed by an after-sales service center approved by FREDERIQUE CONSTANT;
- damage due to non-compliant use of the watch, poor treatment, misuse, negligence, recklessness, deterioration caused by the use of the watch in improper conditions such as violent physical – shock, crushing, violent handling of the clasp…;
- damage due to moisture which could have entered the watch following a handling error (for example, the crown not being correctly in place);
- any watch with signs of impact or shock on the glass or the body);
- dissatisfaction with watch chosen and bought by the Customer on the Website;
- the proof of purchase of the watch (receipt, proof of transfer…) or the warranty card is missing;
- the serial number engraved on the watch case is illegible or has been falsified;
- the warranty does not cover straps, glass of the watch.
FREDERIQUE CONSTANT warranty will be limited only to defects on the Vitality that appear following what is considered normal and habitual use of the Vitality (cf. article 2.7) for what is notably considered as an inappropriate use of the Products including the Vitality.
FREDERIQUE CONSTANT does not proceed with any refunds or accepts any returns resulting of the Customer’s dissatisfaction of the tailor-made customization (s)he chose and made himself on the Website (cf. article n°7 hereabove).
FREDERIQUE CONSTANT reserves the right to not follow up on the Customer request for legitimate reasons, upon analyzing the information in the request for the return of a defective Vitality (warranty period expired, defect not covered by the warranty, inappropriate use of the Vitality …).
Within the scope of the applicable warranty, FREDERIQUE CONSTANT offers to repair or replace defective Vitality insofar as possible. In case the Vitality cannot be replaced or repaired, and if the same tailor-made Vitality is no longer available, a replacement with another Product might be proposed.
All returned Vitality must be accompanied with the original case, the warranty card and by the complete details of the Pre-order to facilitate their identification and accelerate their processing. Unidentified returns will be sent back to the sender.
Privacy and Security
5.1 General Privacy and Security policy
Regardless of the nature of the Personal Data 1 and 2 of the User/Customer which the latter has communicated to FREDERIQUE CONSTANT, either in accordance with the TC or during automated collection, FREDERIQUE CONSTANT undertakes to make every effort to process the Personal Data 1 and 2 of the Customer in the strictest confidentiality, to protect them and to use them strictly and exclusively for the purpose of meeting Customer requests or improving services which may be offered to the Customer on the Website.
The User/Customer can, however, exercise his/her right to access, rectify or oppose his/her Personal Data 1 and 2 at any time through his/her customer account or by sending an email to customer services. All requests relating to User/Customer Personal Data (1 & 2) as well as any request to cancel a registration for services offered by FREDERIQUE CONSTANT should be e-mailed to email@example.com or sent to FREDERIQUE CONSTANT, Chemin du Champ-des-Filles 32, 1228 Plan-les-Ouates, Geneve, Switzerland.
Except in the following cases, and unless otherwise explicitly mentioned on the Website, FREDERIQUE CONSTANT does not collect User/Customer personal information when they visit the Website, submit feedback or questions, enter a contest or expressly agree to it.
When the User/Customer submit feedback or questions via e-mail, or contact FREDERIQUE CONSTANT for information about the Website, FREDERIQUE CONSTANT will request their name and e-mail address. FREDERIQUE CONSTANT needs this information to respond to inquiries and may use it for marketing purposes. When the User/Customer enters a contest or other promotional feature, FREDERIQUE CONSTANT may ask for his/her name, address and e-mail address in order to administer the contest and notify the winner. FREDERIQUE CONSTANT may also use such information for marketing purposes.
FREDERIQUE CONSTANT commits not to share, rent or give any Personal Data (1 & 2) to any third party, excluded to other companies belonging to Frédérique Constant Company (Frédérique Constant, Ateliers de Monaco) (hereinafter the “Affiliates”), without the User/Customer written permission, except as provided by applicable law.
Any further information, materials, suggestions, ideas or comments sent to webstore.FREDERIQUE CONSTANT-watches.com will not be treated as confidential, proprietary or trade secret information and, by submitting such information, the Users/Customers are granting FREDERIQUE CONSTANT an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such information of any purpose whatsoever. Unless otherwise required by law, FREDERIQUE CONSTANT will not use Users/Customers name in connection with any information, materials, suggestions, ideas or comments without Users/Customers prior written consent.
If the User/Customer gives FREDERIQUE CONSTANT other personal information − such as first and last name, e-mail address, postal address (street, city, country), position within your company, phone number, gender and age range − in order to receive information in return from FREDERIQUE CONSTANT or authorized dealers – for instance catalogues or general information regarding FREDERIQUE CONSTANT – these information will be collected in a database for marketing purposes. These information enables FREDERIQUE CONSTANT to fulfill the User/Customer information request.
If the User/Customer review or download information, FREDERIQUE CONSTANT tracks the visit. This information are helpful, amongst other things, to provide the User/Customer with tailored information and to give FREDERIQUE CONSTANT information about which part of the Website is frequented. The stored information will only be used to improve the utility of the Website, e.g. to help with quick logins on the User’s/Customer’s favorite sites and to differentiate between Users/Customers and their individual data sets
FREDERIQUE CONSTANT does not sell or provide the information collected or stored to third parties who are not contractors, acting on FREDERIQUE CONSTANT’s behalf (as necessary to carry out their mission). These third parties are bound by strict contractual obligations that have been designed to protect and maintain the confidentiality of Users/Customers personal information that they are not authorized to use for any purpose other that the ones specified by the present TC. FREDERIQUE CONSTANT may share with FREDERIQUE CONSTANT Affiliates the User/Customer personal information collected on the Website to use these information as part of marketing operations in relation to FREDERIQUE CONSTANT activities to offer information about the Vitality, points of sales or boutiques openings and events.
5.2 Data Collection
As the User/Customer navigate through the Website, certain information may be passively collected (that is, gathered without actively providing the information). FREDERIQUE CONSTANT may collect information about the User/Customer computer and internet connection, including IP address, operating system and browser type, for system administration and to report aggregate information to the advertisers. This is statistical data about the users’ equipment, browsing actions and patterns, and does not identify any individual.
5.3 User Generated Content
Users/Customers may submit images, comments and reviews (hereinafter the “User-generated Content”) for publication on the Website. The User-generated Content is subject to the following terms and conditions:
By submitting User-generated Content to the Website the User/Customer automatically grants FREDERIQUE CONSTANT on the User-generated Content 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. The User/Customer also acknowledges that FREDERIQUE CONSTANT is not obliged to publish any material submitted and may remove any previously submitted materials from the Website at any time.
The Users/Customers are solely responsible for their own User-generated Content and the consequences of posting or publishing such User-generated Content. When submitting User-generated Content to the Website, the Users/Customers affirm that they own or hold the necessary licenses, rights and consents on the User-generated Content submitted.
In submitting User-generated Content, the Users/Customers agree that they will not: submit copyrighted materials for which they 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 FREDERIQUE CONSTANT or a third party.
FREDERIQUE CONSTANT does not endorse any opinion, recommendation, or advice expressed within User-generated Content, and expressly disclaims any and all liability in connection with the User-generated Content published on or through the Website. FREDERIQUE CONSTANT does not permit copyright infringing activities and infringement of intellectual property rights on the Website and will remove all User-generated Content if properly notified that such content infringes a third-party intellectual property rights.
FREDERIQUE CONSTANT reserves the right to remove or edit any User-generated Content that it deems in breach of the above TC, and/or to delete any user registered account related to such content.
In case, the User-generated Content damages the image of FREDERIQUE CONSTANT and its Affiliates, FREDERIQUE CONSTANT expressly reserves its rights against the concerned User.
The User/Customer must not interfere with the smooth running and operation of the Website. The User/Customer 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. FREDERIQUE CONSTANT will report any breach to the relevant legal authorities and will disclose all relevant information which could be used to ascertain the User/Customer identity.
The User/Customer agree that the use of the Website shall be at their sole risk. To the fullest extent permitted by law, FREDERIQUE CONSTANT, its officers, directors, employees, subsidiary companies and agents disclaim all warranties, express or implied, in connection with the Website and the use thereof.
FREDERIQUE CONSTANT makes no warranties or representations about the accuracy or completeness of the Website content or the content of any sites linked to the Website 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 the User’s/Customer’s access to and use of the Website, (iii) any unauthorized access to or use of FREDERIQUE CONSTANT 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 the 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, FREDERIQUE CONSTANT ,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, 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.
The Users/Customers agree to defend, indemnify and hold harmless FREDERIQUE CONSTANT, 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) the use of and access to the Website; (ii) violation of any term of these TC; (iii) violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of User-generated Content caused damage to a third party. This defense and indemnification obligation will survive these terms and conditions and the use of the Website.
The Users/Customers agree to comply with the above stated TC. Should the Users/Customers break these TC or incur liabilities as a consequence of using the Website, the Users/Customers will be held responsible for the costs and expenses that FREDERIQUE CONSTANT incurs as a result of such breach including legal fees (if applicable). The Users/Customers will remain liable if someone else uses your account or personal information unless the User/Customer can prove such use was fraudulent.
Governing law & jurisdiction
These TC 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 Swiss courts in Geneva.
What are cookies?
Cookies are small text files placed on your computer or device you use to access the Website or mobile applications. Cookies store information about your visit on the Website and allow us to provide you with a tailored experience on each visit.
What type of cookies do the Website use?
The following types of cookies may be stored on the User/Customer device when you access the Website.
Internal cookies are created directly and can only be read by FREDERIQUE CONSTANT. They can last the time of the User/Customer visit (session cookies) or be retained across visits (persistent cookies). For example, FREDERIQUE CONSTANT uses first party cookies to save the User/Customer language or country preference for subsequent visits to the Website.
Third-party cookies are cookies generated by third parties FREDERIQUE CONSTANT use for services embedded on the Website. They may be used for example to measure audience and improve the relevance of the content.
On your first visit on The Website, FREDERIQUE CONSTANT informs the User/Customer that cookies are stored on their browser.
If the User/Customer refuse permission for cookies to be stored or if those that are already stored are deleted, the User/Customer will no longer be able to use certain features of the Website. Also, FREDERIQUE CONSTANT and its service providers will be unable to identify the browser for technical compatibility purposes, to set the User/Customer language and display. FREDERIQUE CONSTANT cannot be held liable for the consequences of the online services functioning less efficiently because FREDERIQUE CONSTANT services are unable to store or read cookies required for it to operate where the User/Customer have rejected or deleted them.
There are several ways to manage cookies. Most internet browsers are initially set up to automatically accept cookies. The User/Customer can change the settings of his browser to block cookies systematically or based on their origin or to alert the User/Customer when cookies are being saved. The procedure for managing cookies is slightly different for each web browser. The User/Customer can check the steps for managing cookies in his browser’s help menu.
FREDERIQUE CONSTANT reserves the right to make any changes and updates to this policy. Please refer to this page from time to time to review this and new additional information.