LEGAL TERMS AND CONDITIONS OF USE

Last updated: December 2021

About Vacheron Constantin and these Terms of Use

Vacheron Constantin, branch of Richemont International SA has its registered offices at Chemin du Tourbillon 10, 1228 Plan-les-Ouates, Switzerland. The Platforms are owned (and/or licensed to) and edited by Vacheron Constantin, branch of Richemont International SA and are operated with the technical support of Richemont International SA (the “Provider”).

These terms of use (“Terms of Use”) govern your use of Vacheron Constantin websites, the blockchain technology and associated mobile application (the “Blockchain Technology”) and mobile applications (together the “Platforms”). In these Terms of Use, we use the term Vacheron Constantin (and "we", "us" and "our") to refer to the head office of Vacheron Constantin, branch of Richemont International SA at the registered address above and its affiliates.

Please read these Terms of Use carefully before using the Platforms. By using the Platforms, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorised to continue use of the Platforms.

Updates to these Terms of Use

We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platforms. Any new version of these Terms of Use shall take effect and will govern the use of the Platforms and your relationship with us immediately upon the date of posting. By continuing to use the Platforms, you agree to be bound by the terms of these updates and amendments.

About our hosting services

Hosting services for our website is provided by the Provider in Switzerland.

Mobile applications may be hosted by us or by other companies and you should refer to the relevant conditions of such other company.

Our privacy policy

Our information collection practices on the Platforms, such as the types of information we collect regarding visitors to the Platforms and the ways in which we may use that information, are governed by the terms of our Privacy Policy and Cookie Policy. The Blockchain Technology does not collect any personal information.

Vacheron Constantin e-Boutique – Conditions of Sale and Return and Exchanges Policy

Customers purchasing products online or by phone through the Vacheron Constantin Client Relations Centre must read the Conditions of Sale and Return and Exchanges Policy, which will govern the terms and conditions of any such purchases. The provisions entitled "Limitation of liability" below do not cover the sale of products online or over the phone and please refer to the Conditions of Sale for the relevant exclusions and limitations of liability.

End User Licence Agreement

Full use of the Blockchain Technology requires compatible devices. You agree to use the Blockchain Technology only for lawful purposes and only in compliance with (i) all applicable local, national and international laws and regulations connected with the Blockchain Technology, (ii) these Terms of Use, and (iii) any reasonable instructions and guidelines that we may issue within the Blockchain Technology or otherwise in relation to the Blockchain Technology from time to time.

You acknowledge that all intellectual property rights in the Blockchain Technology anywhere in the world belong to us or our licensors, that rights in the software or firmware that form part of the Blockchain Technology are licensed (not sold) to you, and that you have no rights in, or to, the Blockchain Technology other than the right to use each of them in accordance with these Terms of Use.

The design, trademarks, service marks, logos and branding displayed in the Blockchain Technology and all content and information within it, belongs to Vacheron Constantin and its licensors, and are protected by intellectual property legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide and you must not use it except as strictly permitted by these Terms of Use.

In consideration of you agreeing to abide by these Terms of Use, Vacheron Constantin grants you a limited, non-transferable, non-exclusive licence to use the Blockchain Technology and its software or firmware, to install and use the mobile application on any supported mobile device for your own non-commercial, educational, private or domestic use only. Your download of the mobile application is subject to the terms of download imposed by the operator of the app store from which you download the mobile application. We reserve all other rights not expressly granted to you under these Terms of Use.

You may not:

use the mobile application on any device that you do not own or control;
rent, lease, sell, sublicense, redistribute, adapt, vary or modify the Blockchain Technology;
copy, reverse engineer, decompile, attempt (in whole or in part) to obtain the source code of, modify or create derivative works of the Blockchain Technology, or any updates except to the extent that you cannot be prohibited from so doing under applicable law; or
adapt or circumvent or disable any technological protection measures contained in or used to protect the Blockchain Technology.

You must not transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software.

Use of materials on the Platforms

Vacheron Constantin has created its various Platforms to provide information about its company and products for your personal use. Whilst considerable effort has been made to ensure that the visual representations of Vacheron Constantin products displayed on the Platforms 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, for example, be due to technical issues such as your browser or computer settings. Accordingly, Vacheron Constantin and the Provider cannot be held liable for any apparent differences in the product images represented on the Platforms and the original products. We strongly advise you visit one of our boutiques or authorised retailers prior to making a purchase online or by phone.

You may download one computer copy or print one copy of the material made available to you via the Platforms, or download the application on to your mobile device, for your own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, are preserved intact and are not modified, deleted or changed. Unless otherwise stated, you should assume that everything that you see or read on the Platforms (such as creations, products, images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) ("Vacheron Constantin Material") are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.

You are not authorised to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative or second hand works based on or use any Vacheron Constantin Material in any way for any public or commercial purposes. Furthermore, Vacheron Constantin Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever. In the event of breach of any of these Terms of Use, your permission to use Vacheron Constantin Material will automatically terminate and any copies made of Vacheron Constantin Material must be immediately destroyed. Any unauthorised use of Vacheron Constantin Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Your submissions and unsolicited communications

This section concerns communications sent to Vacheron Constantin. It does not concern the communication of personal information to Vacheron Constantin in relation to customer enquiries, the use of services or the purchase of products by phone or through the Platform. The latter is governed by the rules stipulated in the Privacy Policy.

Any unsolicited communication or material that you transmit to Vacheron Constantin via the Platforms or through social media, by electronic mail or otherwise, 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 Vacheron Constantin.

Furthermore, Vacheron Constantin enjoys a worldwide reputation for both the design and manufacture of high quality luxury items. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect Vacheron Constantin’s creations. As a result, Vacheron Constantin cannot agree to or accept to be the receiver of unsolicited proposals of collaboration. Indeed, it is conceivable that Vacheron Constantin may already be working on similar ideas and/or creations. Consequently, you are advised that Vacheron Constantin is not interested in receiving ideas or other proposals relating to creations you may wish to submit.

Limitation of liability

This section applies to the Platforms and not to the products that may be sold online or by phone by one of our local or regional markets.

Vacheron Constantin tries to ensure that the information provided is accurate and complete. However, Vacheron Constantin does not warrant or represent that Vacheron Constantin’s Material is accurate, error-free or reliable or that use of Vacheron Constantin Material will not infringe rights of third parties.

Vacheron Constantin and the Provider do not warrant that the functional and/or technical aspects of the Platforms or the Vacheron Constantin Material will be error free or that the Platforms, Vacheron Constantin Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Vacheron Constantin Material results in the need for servicing or replacing property, material, equipment, data or other element, Vacheron Constantin and the Provider are not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to you "AS IS" AND "AS AVAILABLE" AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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. Vacheron Constantin and its suppliers make no warranties about the Vacheron Constantin Material, software, text, downloads, graphics, and links, or about results to be obtained from using the Platforms.

To the fullest extent permitted by applicable law, Vacheron Constantin and the Provider shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Vacheron Constantin and/or the Provider has been advised of the possibility of such damages.

Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.

Trademark notice

In general, all trademarks, logos and service marks (collectively the "Trademarks") that appear on the Platforms are registered, unregistered or otherwise protected Vacheron Constantin trademarks or are licensed for use by Vacheron Constantin by third parties. Other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any licence or right to use any trademark without Vacheron Constantin’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.

Copyright notice

All content (including Vacheron Constantin Materials) on the Platforms are either Copyright © Vacheron Constantin or are licensed for use by Vacheron Constantin. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.

Links & linking

The Platforms may contain links to other platforms operated by third parties not affiliated to Vacheron Constantin. The inclusion of any link to such third party sites does not imply endorsement by Vacheron Constantin of those sites. Vacheron Constantin has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. If you choose to click through any link to off-site pages or third party sites then this is at your own risk.
Vacheron Constantin does not authorise linking to any of its Platforms from a third party platform without its express prior written authorisation.

Termination and suspension

You agree that Vacheron Constantin may terminate or suspend your access to and use of the Platforms if Vacheron Constantin reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Vacheron Constantin, its affiliated companies or any third party, with or without notice to you. You agree that Vacheron Constantin may modify or discontinue providing any of the Platforms, with or without notice to you. You agree that Vacheron Constantin and/or the Provider will not be liable to you or any third party as a result of such modification or discontinuation. The provisions entitled "Limitation of liability" and "General provisions" will survive termination of these Terms of Use.

General provisions

Unless otherwise specified, the information and Vacheron Constantin Materials presented on the Platforms are presented solely for the purpose of promoting Vacheron Constantin’s products and services and in certain cases to present products for sale via a variety of means. Vacheron Constantin makes no representation that Vacheron Constantin Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Vacheron Constantin Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.

If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.

These Terms of Use constitute the entire agreement between you and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.

The waiver by Vacheron Constantin of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.

Applicable law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland, without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination thereof, shall be adjudicated or arbitrated in accordance with said Terms of Use. Where the laws of Switzerland, are different to the mandatory consumer laws in your own country, we will afford you with similar protection.

Contact us

If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the address provided below. You can also use this address if you wish to request a copy of the personal data we hold about you.

Vacheron Constantin

Tel. +41 (0)22 930 2005

E-mail: concierge.europe@vacheron-constantin.com

Certain functionality provided via this website may be covered by U.S. Patent 5,930,474.

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LEGAL TERMS AND CONDITIONS OF USE