General Conditions of Use of the website luxury-watch-store.ch
Applicable from 07/15/2021
(In case of contradiction with the French version, the French version prevails)
ARTICLE 1. PARTIES
These general conditions of use are applicable between Luxury Watch Store, a brand of Certezza Mdp - Morselli, Chemin des Vaulx 14, 1228 Plan-les-Ouates, Switzerland, telephone: +41 (0) 78 300 47 37, email : email, hereinafter "the Merchant" and any person, natural or legal, under private or public law, registered on the Site to purchase a Product, hereinafter "the Customer"
ARTICLE 2. DEFINITIONS
" Client ": any person, natural or legal, under private or public law, registered on the Site.
" Site Content" : elements of any kind published on the Site, whether or not protected by intellectual property rights, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
" The Merchant ": Luxury Watch Store, a brand of Certezza Mdp - Morselli, taken in its capacity editor of the Site.
" Internet user ": any person, natural or legal, under private or public law, connecting to the Site.
" The Watchmaker ": the seller who offers his Product through the Site.
" The Partner ": the seller, watchmaker or not, who offers his Product through the Site.
" Product ": goods or service of any kind sold on the Site by the Merchant to Customers.
“ Site ”: website accessible at the URL www.luxury-watch-store.ch, as well as the related sub-sites, mirror sites, portals and URL variations.
ARTICLE 3. SCOPE OF APPLICATION
The Site is open and free to all Internet users. Browsing the Site implies acceptance by all Internet users of these general conditions of use. The simple connection to the Site, by any means whatsoever, in particular by the intermediary of a robot or a browser, will imply full and complete acceptance of these general conditions of use. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.
The Internet user acknowledges by the same fact to have taken full knowledge of them and to accept them without restriction.
Checking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet user. The Internet user recognizes the value of proof of the Merchant's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
These general conditions of use are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.
The acceptance of these general conditions of use supposes on the part of Internet users that they enjoy the legal capacity necessary for this, or failing that they have the authorization of a tutor or a curator if they are incapable, of their legal representative if they are minors, or if they are holders of a mandate if they are acting on behalf of a legal person.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is to sell the Products of Watchmakers or Luxury Watch Store Partners to Customers.
ARTICLE 5. CUSTOMER SERVICE
The Site's customer service is accessible from Monday to Friday from 10:00 to 17:00 at the following non-surcharged telephone number: +41 (0) 78 300 47 37, by email at: firstname.lastname@example.org or by post to the address indicated in article 1 of these conditions of use. In these last two cases, the Merchant undertakes to provide a response within 24 working days.
ARTICLE 6. PERSONAL SPACE
6.1. Creation of personal space
The creation of a personal space is a prerequisite for any order from an Internet user on the Site. To this end, the Internet user will be asked to provide a certain amount of personal information. Some of this information is deemed essential for the creation of personal space. The refusal by an Internet user to provide said information will have the effect of preventing the creation of the personal space as well as, incidentally, the validation of the order.
When creating the personal space, the Internet user is invited to choose a password. This word of pass constitutes the guarantee of the confidentiality of the information contained in the personal space. The Internet user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the Merchant cannot be held responsible for unauthorized access to the personal space of an Internet user.
The Customer agrees to carry out a regular verification of the data concerning him and to proceed online, from his personal space, with the necessary updates and modifications.
6.2. Content of personal space
The personal space allows the Customer to consult and follow all his orders made on the Site.
The pages relating to personal spaces are freely printable by the account holder in question, but do not constitute admissible evidence by a court. They are for informational purposes only, intended to ensure efficient management of their orders by the Customer.
The Merchant undertakes to keep in a secure manner all the contractual elements whose conservation is required by the law or the regulations in force.
6.3. Removal of personal space
The Merchant reserves the right to delete the account of any Customer who contravenes these terms. general conditions of use, in particular when the Customer provides inaccurate, incomplete, false or fraudulent information, as well as when a Customer's personal space has been inactive for at least one year. Said deletion will not be liable to constitute a fault on the part of the Merchant or damage to the excluded Customer, who will not be able to claim any compensation for this fact.
This exclusion is without prejudice to the possibility for the Merchant to take legal action against the Client, when the facts have justified it.
ARTICLE 7. PERSONAL DATA
As part of its service, the Merchant will be required to process the personal data of its Customers.
7.1. Identity of the controller
The person responsible for the collection and the data processed on the Site is the Merchant.
7.2. Identity of the Data Protection Officer
7.3. Data collected
7.3.1. Data collected from customers
Within the framework of its contractual relations, the Merchant may be required to collect and process information of its Customers, namely: Email, Name and first name, Telephone, Address, state, province, postal code, city, Bank details, Contract history .
7.3.2. Purposes of the collection of personal data
The data collected during the contractual relationship is subject to automated processing for the purpose of:
- fulfill contractual commitments;
- contact Customers;
- avoid any illicit or illegal activity;
- enforce the general conditions of use;
- initiate legal proceedings;
- verify the identity of Customers;
7.3.3. Legal bases of the processing
The data collected has a contractual relationship as a legal basis.
7.3.4. Data recipients
The data collected can only be viewed by the Merchant within the limits strictly necessary for the execution of contractual commitments.
This data, whether in individual or aggregated form, is never made freely viewable by a third natural person.
7.3.5. Retention period of personal data
The personal data collected is kept for the duration of the contractual relationship, and during the time during which the responsibility of the Merchant can be engaged.
After the retention period, the Merchant undertakes to permanently delete the data of the persons concerned without keeping a copy.
7.3.6. Security and confidentiality of personal data
Personal data is kept under secure conditions, using the current means of the technical, in compliance with the provisions of the General Data Protection Regulation and Swiss legislation in force.
7.3.7. Data minimization
The Merchant can also collect and process any data voluntarily transmitted by its Customers.
The Merchant guides his Customers to provide strictly personal data necessary for the execution of contractual commitments.
The Merchant agrees to keep and process only the data strictly necessary for his professional activities, and will delete any data received that is not useful for his activities as soon as possible.
7.4. Respect for rights
The Merchant's Customers have the following rights regarding their personal data, whether they can exercise by writing to the Merchant's postal address or by completing the contact form by line.
7.4.1. Right of information, access and communication of data
The Merchant's Customers have the possibility to access their personal data.
Due to the obligation of security and confidentiality in the processing of personal data which is the responsibility of the Merchant, requests will only be processed if Customers provide proof of their identity, in particular by producing a scan of their valid identity document (in the event of a request using the dedicated electronic form) or a signed photocopy of their valid identity document (in the event of a written request), both accompanied by the words "I certify on my honor that the copy of this identity document conforms to the original. Done at… on… ”, followed by their signature.
7.4.2. Right of rectification, deletion and right to forget data
The Merchant's Customers have the possibility of requesting the rectification, updating, blocking or even erasure of their personal data which may prove to be inaccurate, erroneous, incomplete or obsolete, if necessary.
The Merchant's Customers can also define general and specific directives relating to the fate of personal data after their death. If necessary, the heirs of a deceased person may demand that the death of their relative be taken into account and / or to make the necessary updates.
7.4.3. Right to object to data processing
The Merchant's Customers have the possibility to object to the processing of their personal data.
7.4.4. Right to data portability
The Merchant's Customers have the right to receive the personal data they have provided to the Merchant in a transferable, open and readable format.
7.4.5. Right to restriction of processing
The Merchant's Customers have the right to request that the processing of their personal data by the Merchant is limited. Thus, their data can only be kept and no longer used by the Merchant.
7.4.6. Response times
The Merchant undertakes to respond to any request for access, rectification or opposition or any other request for additional information within a reasonable period of time which may not exceed 1 month from receipt of the request.
7.4.7. Complaint to the competent authority
If the Merchant's Customers consider that the Merchant is not complying with his obligations with regard to their personal data, they can submit a complaint or request to the competent Swiss authority.
7.5. Transfer of collected data
7.5.1. Transfer to partners
The Merchant uses authorized service providers to facilitate the collection and processing of its Customers' data. These providers may be located outside the European Union.
The Merchant has previously ensured the implementation by its providers of adequate guarantees and compliance with strict conditions in terms of confidentiality, use and data protection, for example via the US Privacy Shield.
7.5.2. Transfer on requisition or court order
Customers also consent to the Merchant communicating the data collected to any person, upon request from a state authority or by judicial decision.
7.5.3. Transfer as part of a merger or acquisition
If the Merchant is involved in a merger, sale of assets, financing transaction, liquidation or bankruptcy or in an acquisition of all or part of its activity by another company, the Customers agree that the data collected be transmitted by the Merchant to this company and that this company carries out the processing of personal data referred to herein. General conditions of service in lieu of the Merchant.
ARTICLE 8. INTELLECTUAL PROPERTY
8.1. Legal protection of Site Content
The Contents of the Site are likely to be protected by copyright and database rights data. Any representation, reproduction, translation, adaptation or transformation, integral or partial, carried out illegally and without the consent of the Merchant or his successors in title or successors in title constitutes a violation of intellectual property and may give rise to legal proceedings for infringement.
8.2. Contractual protection of Site Content
The Internet user undertakes contractually with the Publisher not to use, reproduce or represent, in any way whatsoever, the Content of the Site, whether or not they are protected by a intellectual property right, for a purpose other than that of their reading by a robot or a browser. This prohibition does not apply to indexing robots whose sole purpose is to scan the content of the Site for indexing purposes.
ARTICLE 9. FINAL STIPULATIONS
9.1. Applicable law
These general conditions of use are subject to the application of Swiss law.
9.2. Modifications of these general conditions of use
These general conditions of use may be modified at any time by the Merchant. The general conditions applicable to the Customer are those in force on the day of his order or of his connection to this Site, any new connection to the personal space entailing acceptance, if applicable, of the new general conditions of use.
Any disputes which may arise in connection with the execution of these conditions of use and for which a solution cannot be found amicably between the parties beforehand must be subject to Swiss law.
The nullity of one of the clauses of this contract will not entail the nullity of the other clauses of the contract or of the contract as a whole, which will keep their full effect and scope. In such a case, the parties must, as far as possible, replace the canceled stipulation with a valid stipulation corresponding to the spirit and the object hereof.
The absence of exercise by the Merchant of the rights which are recognized to him by the present can in no case be interpreted as a waiver of the assertion of said rights.
9.6. Languages of these general conditions of use
These general conditions of use are available in French.
9.7. Unfair terms
The stipulations of these general conditions of use apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.