BEAUREGARD joaillerie mécanique SA, a Swiss “Société anonyme”, with a share capital of CHF 100’000.--, with a registered office situated rue des Délices 29-31, c/o "Fiduciaire Losmaz", 1203 Geneva, Switzerland (hereinafter “BEAUREGARD”).
Editing Director : Alexandre Beauregard, President
Contact by e-mail: email@example.com
or by mail: BEAUREGARD joaillerie mécanique SA, rue des Délices 29-31, c/o "Fiduciaire Losmaz", 1203 Geneva, Switzerland
2 Rue Kellermann, 59100 Roubaix, France
3. DESIGN & PRODUCTION
Strategy: Julia Michel Roubaud — firstname.lastname@example.org
Creative Direction: Dominique Picone — email@example.com dominiquepicone.com
Interactive Developer: Romain Avalle — firstname.lastname@example.org romainavalle.com
Project Management: We Are Digital Producers — wadp.paris
4. TECHNICAL INFORMATION
You are reminded that privacy of correspondence is not guaranteed on the Internet and that each Internet user should take all appropriate measures to protect his or her own data and/or software from contamination of viruses circulating on the Internet.
TERMS AND CONDITIONS
The website located at www.beauregard.ch (the "Website" or “Site”), and any associated e-commerce platforms, services, tools, modules, and applications collectively (the “Services”) is operated by BEAUREGARD joaillerie mécanique SA, a Swiss “Société anonyme”, with a share capital of CHF 100’000.--, with a registered office situated rue des Délices 29-31, c/o "Fiduciaire Losmaz", 1203 Geneva, Switzerland (hereinafter “BEAUREGARD” or “us/we/our”).
1. GENERAL INFORMATION
By using the Services (including by conducting transactions using the Website), you fully agree to these T&Cs without any reservations or limitations.
We do not guarantee the availability or accessibility of the Services, the content provided by the Services or the products offered for sale by the Services. We further do not guarantee that provision of the Services will be uninterrupted, timely or error-free.
For any reason, including technical maintenance and/or security reasons, BEAUREGARD may be obliged to partially or totally suspend access to the Services with or without notice. By accepting these T&Cs, you accept any such technical interruptions.
We reserve the right to update the Services at any time, at solely our discretion.
3. GUARANTEES AND RESPONSIBILITY
We make no guarantee that access to the Service will be available at all times. BEAUREGARD has no obligation or liability to you for any inconvenience or damage arising from your use of the Services, including any damages resulting from internet outages, service denials, external intrusion or presence of computer viruses or any other incident of force majeure, according to law and jurisprudence.
Documents, details, descriptions and information related to the products published on the Service are not covered under any guarantee, express or implicit, except the guarantees provided by law.
Any complaints shall be made to our customer service using our email address email@example.com
4. FORCE MAJEURE
In the event of a force majeure event, the party concerned shall notify the other within fifteen (15) days from the occurrence of the event.
Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the course of jurisprudence and Swiss courts, total or partial strikes, lockouts, riots, boycotts or other actions in industrial or disputes commercial, civil disturbance, insurrection, war, bad weather, epidemics, blockage of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal changes or regulatory forms of marketing, computer failure, telecommunications blocking, including wired and wireless telecommunications networks, and other cases independent of the will of the parties preventing normal execution of the contractual relationship.
All obligations of the parties shall be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned shall be terminated automatically without indemnity to one or other of the parties.
The Services and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, program code or software that resides or is viewable, submitted or otherwise discoverable on on or by the Services (collectively, the "Content") is owned by us. We have Copyright rights in the Services and Content. We may change the Content and features of the Services at any time.
So long as you adhere to the terms of this agreement, we grant you a limited, revocable, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view or use the Services and Content as permitted by these Terms and Conditions. As a condition precedent, you agree that you will not:
- Create similar or competing sites, applications, services, or products using information, data, code or materials obtained from the Services or Content;
- Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any actions conduct with or through the Services;
- Link to any portion of the Services other than the URL assigned to the home page of our Site or a URL for user storage located within the Service;
- "Frame" or "mirror" any part of the Services;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services;
- Remove any copyright, trademark or other proprietary rights notices contained on/in the Services;
- Use any robot, spider, offline reader, search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents, including with respect to any CAPTCHA or other account registration system provided or displayed on the Services. Where relevant, operators of public search engines may use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Reproduce, modify, display, publicly perform, distribute or create derivative works of the Services or the Content;
- Use the Services or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Services and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
The license granted herein is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Services or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section or exceeds the scope of the license granted to you herein, constitutes unauthorized use, reproduction, display, or creation of unauthorized derivative versions of the Services and Content, and infringes our copyrights, trade secrets, and other rights we may have in the Services and Content.
You will not acquire any ownership rights by using the Services or the Content. The registered and unregistered trademarks, logos and service marks displayed on the Services or as part of the Content are owned by us or our licensors.
You may not use our trademarks, logos and service marks or other Content in any way without our prior written permission.
Without prejudice to us, your authorization to access and utilize the Services and Content is revoked immediately upon:
a. Use the Service for any purpose that is unlawful in any applicable jurisdiction or prohibited by these Terms;
b. Use any Service other than for personal, non-commercial use;
c. Any attempt to reproduce, duplicate, copy, sell, trade, resell, distribute, exploit, modify, adapt, translate or create derivative works based upon any portion of the Services, including any Content;
d. Any attempt to interfere with, damage, impair, or disable the operation of the Services by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
e. Any attempt to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services;
f. Any attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through hacking, password mining or any other means;
g. Any attempt to interfere with the proper working of the Services or any activities conducted on the Services;
h. Any attempt to obtain any materials or information through any means not intentionally made available through the Services;
i. Any attempt to modify the Services in any manner or form, or use modified versions of the Services, for any reason including without limitation to obtain unauthorized access to the Services;
j. Use any automated means to access the Services for any purpose without the express written consent of the applicable Service Provider, or bypass robot exclusion headers or other measures used to prevent or restrict access to the Services;
k. Use any of any names, logos, graphics, or trademarks in any manner, including without limitation through framing techniques, meta tags, or “hidden text”, without express written consent;
l. Remove, alter, or obscure any trademarks or any intellectual property or proprietary rights notices from any Service, including any copy thereof;
m. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any Service or any part thereof, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
n. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available an application, or any features or functionality of an application, to any third party for any reason, including without limitation by making an application available on a network where it is capable of being accessed by more than one device at any time.
We appreciate hearing from our customers and welcome your comments and suggestions regarding the Services and the products offered thereby, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person, or otherwise mislead us as to the origin of any comment or suggestion.
If you do submit comments or suggestions, you should be aware that our policies do not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those that we have specifically requested. We value your feedback on our products and our services, but request that you be specific in your comments and not submit creative ideas, inventions, suggestions or materials. Any feedback, comments or suggestions that you do send will become the property of BEAUREGARD and shall not be subject to any obligation of confidentiality on the part of BEAUREGARD. We shall not be liable for any use or disclosure of any such feedback, comments or suggestions and shall be entitled to unrestricted use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information.
We may, in our sole discretion and for any or no reason, terminate your access to the Services at any time, with or without notice, without liability to you or any third party. Furthermore, you agree that any attempt to access the Services subsequent to: (1) a notification of violation of these Terms or termination of access; (2) engaging in Prohibited Uses of the Services; or (3) knowledge that such attempt is in violation of these Terms; shall constitute unauthorized access.
We may investigate any violation of these Terms and Conditions, including unauthorized use of the Services. We may take any legal action that we feel is appropriate. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief for your violation of these Terms. If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your Account and prevent you from accessing the Services at any time without notice to you. If that happens, you may no longer use the Services or any Content. You will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Services or to your account or any related information, and we will not be required to make the Services or your account or any related information available to you.
You agree that your abusive use of the Services may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses. You also agree that monetary damages for your abusive use of the Services are difficult to determine and that you, and those acting with you, will be jointly and severally liable for liquidated damages.
You agree that your failure to abide by these terms may cause irreparable harm to us, which harm cannot be adequately compensated for by money damages. It is further agreed by you that an order of specific performance or for injunctive relief against the you in the event of a breach or default under the terms would be equitable and would not work a hardship on the you, your business interests or activities. Accordingly, in the event of a breach or default by you of any term provided hereunder, BEAUREGARD, without any bond or other security being required and in addition to whatever other remedies are or might be available at law or in equity, shall have the right either to compel specific performance by, or to obtain injunctive relief against you, with respect to any obligation or duty herein or breach thereof.
7. DISCLAIMERS; NO WARRANTIES
To The Fullest Extent Permitted By Applicable Law, We Disclaim All Warranties, Statutory, Express Or Implied, Including, But Not Limited To, Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Title, And Non-infringement. No Advice Or Information, Whether Oral Or Written, Obtained By You From Us Or Through The Services Creates Any Warranty Not Expressly Stated Herein. This Disclaimer Extends To Our Officers, Directors, Employees, Shareholders, Agents, Suppliers, Licensors, Affiliates And Subcontractors. The Use Of The Services, And Any Goods Or Services Obtained Through The Services, Is At Your Own Risk. The Services And Any Third-party Media, Content, Software, Goods, Services Or Applications Made Available In Conjunction With Or Through The Services Are Provided On An “as Is” And “as Available” Basis And Without Warranties Or Representations Of Any Kind, Either Express Or Implied.
We And Our Suppliers, Licensors, Affiliates, And Partners Do Not Represent Or Warrant
(a) That The Materials, Services, Or Any Other Information Offered On Or Through The Services Will Be Uninterrupted, Or Free Of Errors, Viruses Or Other Harmful Components, Or That Any Of The Foregoing Will Be Corrected;
(b) The Use Or The Results Of The Use Of The Services In Terms Of Correctness, Accuracy, Reliability, Or Otherwise; Or
(c) That Any Application Will Meet Your Requirements, Achieve Any Intended Results, Be Compatible, Or Work With Any Other Software, Applications, Systems, Or Services, Operate Without Interruption, Meet Any Performance Or Reliability Standards Or Be Error-free, Or That Any Errors Or Defects Can Or Will Be Corrected. You Use, Access, Or Otherwise Obtain Information, Materials Or Data Through The Services At Your Own Discretion And Risk And Are Solely Responsible For Any Damage To Your Property (including Your Computer System And Mobile Device) Or Loss Of Data That Results From The Download Or Use Of Such Material Or Data.
8. LIMITATION OF LIABILITY
To The Fullest Extent Permitted By Applicable Law, In No Event Will We, Our Affiliates, Or Our Licensors, Service Providers, Employees, Agents, Officers, Or Directors Be Liable For Damages Of Any Kind, Under Any Legal Theory, Arising Out Of Or In Connection With Your Use, Or Inability To Use, Any Service, Any Websites Linked To It, Any Content On The Services Or Such Other Websites, Including Without Limitation Any Direct, Indirect, Special, Incidental, Consequential, Or Punitive Damages, Personal Injury, Pain And Suffering, Emotional Distress, Loss Of Revenue, Loss Of Profits, Loss Of Business Or Anticipated Savings, Loss Of Use, Loss Of Goodwill, Loss Of Data, And Whether In Tort (including Negligence), Contract, Or Otherwise, Even If Foreseeable.
If anyone brings a claim against us related to your use of the Services, or your violation of these Terms and Conditions, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defences.
10. PARTIAL INVALIDITY
If any provisions of these T&Cs are held to be invalid or declared such under any law, regulation or following a final decision of a competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted and the other provisions shall remain in full force and scope.
11. APPLICABLE LAW AND JURISDICTION
These Terms and Conditions are governed by the laws of Switzerland.
In the event of a dispute between the customer and BEAUREGARD concerning the interpretation, performance or termination of these T&Cs, BEAUREGARD strongly encourages the customer to contact the company in the first instance to attempt to resolve the disagreement amicably. BEAUREGARD hereby notifies the customer that there are alternative dispute settlement options such as mediation.
If no amicable solution to the dispute is found, BEAUREGARD and the customer agree to refer the dispute to the Swiss courts. The terms of this article do not deprive consumers of their right to take legal action, or to defense in the event of legal action, in their country of residence or domicile, or of their right to consumer protection measures as set out in the legislation applicable in their country of residence.
If you have any questions about these T&Cs, please do not hesitate to contact us at firstname.lastname@example.org
13. LAST UPDATE
These Terms & Conditions were last updated on 12 October 2018.
1. GENERAL INFORMATION
BEAUREGARD joaillerie mécanique SA (“BEAUREGARD”) is committed to respecting the privacy of your personal information.
2. INFORMATION WE COLLECT
When subscribing to our newsletter via MailChimp, BEAUREGARD collects personal data that you submit to us, including: title, first name, last name, email.
We may collect information about the way you interact with our Services, content and advertising. This may include, but is not limited to, device ID, device type, machine ID, geo-location information, computer and connection information, present and former actions taken using sites or accounts linked to the Account, statistics on page views, traffic to and from our websites, IP address, MAC address, ad data, standard web log information, and any telephone number you provide us or from which you may call or otherwise contact us.
3. WHERE WE STORE YOUR PERSONAL DATA
The data that we collect from you are stored by MailChimp server, newsletter subscription service. By submitting your personal data, you agree to this storing or processing. We will take all reasonable steps to see that your data is treated securely and in accordance with this Policy.
Unfortunately, the transmission of information via the internet is not completely secure. Third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the site. Although we strive to protect your personal data, we cannot guarantee the security of your data transmitted to the Website: any transmission is at your own risk.
We retain information as long as it is necessary and relevant for our operations. In addition, we may retain personal information from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our agreements and take other actions permitted by law.
4. USE OF THE INFORMATION
Our primary purpose in collecting personal information is to provide you with a safe, efficient and customized experience. We may use the information we collect to:
• provide, test, or enhance the functionality of the Services;
• resolve disputes and troubleshoot problems;
• prevent, detect and investigate potentially prohibited or illegal activities, and enforce our Agreements;
• customize, measure and improve our Services and advertising;
• contact you tell you about our Services and those of our corporate family, service updates, targeted marketing and promotional offers based on your communication preferences; by way of sending newsletters, special offers and other e-mails;
• compare information for accuracy and verify it with third parties; and/or comply with applicable laws;
· manage orders, deliveries and billing;
• manage registration and/or sharing of information through third-party services; and
5. DISCLOSURE OF YOUR INFORMATION
OWe share information between our systems and that of third parties, such as with third-party license partners, or licensors, in order to test, develop, market or deploy new products. Such third parties may use the information to develop and market new products. Likewise, we may share information if we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets. Additionally, if BEAUREGARD or substantially all of its assets are acquired by a third party, we may transfer any personal information as part of the assets acquired.
We make every attempt to remove user identifiable information from the data that we collect and share with third parties. However, for some services information like names, user type, email address and other data might be shared. We may also disclose personal information to respond to legal requirements (for example, in response to requests by authorities, including tax authorities, subpoenas, court orders or other legal process) or in the good-faith belief that disclosure is legally required, to enforce our policies, to establish or exercise our legal rights or protect anyone's rights, property or safety.
Subject to the foregoing, we will not disclose sensitive personal information to any other person without your prior express written consent.
6. YOUR RIGHTS
You have the right to ask BEAUREGARD not to process your personal data for marketing purposes. You can exercise your right to prevent or end such processing by checking certain boxes on the forms we use to collect your data.
You have the right to receive information about which personal data concerning you is processed and in which manner the data is processed. You are also entitled to request correction or deletion of your personal data, or to withdraw at any time your consent to our use or processing. Any such requests should be made in writing to email@example.com
You have the right not to consent to our use of certain cookies. Please see the Cookies section below for more information on this.
We may send you targeted and relevant promotional communications from us. If you wish to stop receiving any such communications, please either email us at firstname.lastname@example.org or click the "unsubscribe" link in any email from us.
8. COOKIES, GOOGLE ANALYTICS, AND FACEBOOK
By using the Services, you consent to the processing of your data in the manner and for the purposes set out above.
9. CONTROLLER OF PERSONAL DATA
BEAUREGARD joaillerie mécanique SA
Rue des Délices 29-31, c/o "Fiduciaire Losmaz"
Contact by e-mail: email@example.com
10. CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 entitles California customers to request information concerning whether a business has disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. California customers who wish to request further information about our compliance with this law or have questions or concerns about our privacy practices and policies may contact us at the contact details provided below to request such information.
11. THIRD PARTIES
14. LAST UPDATE