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GENERAL TERMS OF USE (ToU)

Welcome to our BUCHERER website!

This website has been created and is operated by Bucherer SA whose registered office is in Switzerland, Langensandstrasse 27, 6005 Lucerne, registered in the commercial register of the Canton of Lucerne under no. CH-109.612.210. Bucherer France S.A.S., 12, boulevard des Capucines, 75009 Paris, France is responsible for the content and operation of the webshop (https://www.bucherer.com/fr/en). You will also find information about our subsidiaries based in Germany, Switzerland, Austria, the UK and Denmark on this website. Whenever reference is made to the Bucherer Group, it is deemed to extend to the companies listed in the legal notices (see legal information in Legal Notices).

The use of this site is subject to the following terms and conditions. If you do not accept these conditions, you are asked not to proceed or continue to use and access this site. By using this site, you expressly state that you have read and approved these terms and conditions. 

BUCHERER reserves the right to amend these ToU in full or in part, at any time and without notice. Unless expressly indicated otherwise, the new terms and conditions apply to all information, data, goods and services. By proceeding or continuing to use the BUCHERER site, you state that you accept these terms and conditions.

LIMITATION OF USE
You are solely responsible for using the BUCHERER website and you are therefore responsible for complying with the national legal and regulatory provisions of your country of residence applicable to your use of this site. This particularly applies in the case where the use of the BUCHERER website is forbidden in your country. 

CUSTOMER ACCOUNT
You can set up a password-protected customer account by indicating your e-mail address and choosing a password. In your customer account, you can change your contact details, manage your billing address and your delivery address in your address book and change your password. Each user may only create one account. The customer account is personal.

You are required to use your login details with care and make every effort to prevent any misuse of login details by third parties. Without the express consent of BUCHERER, the customer account may not be transferred to third parties and the use by third parties of login details to access the customer account is forbidden. 

You ensure that the data entered when the customer account is set up are accurate and complete. You warrant keeping these data up-to-date and altering them in the event of a change. The accuracy of the entered data must be justified at the request of BUCHERER.

In principle, you may access the customer account 24/7 except for any limitation of access beyond our control or for technical reasons or other legitimate reasons, especially maintenance work.

PROTECTION OF PERSONAL DATA
Whenever you access our website, some data are automatically entered (e.g. cookies, analyses via Google Analytics, etc.). Moreover, whenever you use particular functionalities of the website (e.g. use of a contact form, subscription to our newsletter, purchase of a product), you must submit personal data so that we are able to favourably process your request. As a result, the provisions on personal data protection and cookies apply to the access to and use of our website. For further information on the processing of your data, our commitments in this field and the rights at your disposal, you should read our privacy policy which is accessible here. This policy is an integral part of these ToU.

 

EXCLUSION OF WARRANTY/DISCLAIMER OF LIABILITY
In principle, you are responsible for any activities in the use of your customer account. You undertake to treat the login details of your customer account in confidence and not to authorise any third party to access your customer account.

Unless otherwise specified, BUCHERER may not, under any circumstances (explicitly or implicitly) be held responsible for any direct and indirect or special damage related to the use and content of the site, not least any financial or commercial loss, loss of programs or data from the user's information system. Under the same conditions, Bucherer does not accept any responsibility for punitive damages or for accidental loss or damage in connection with access to this site, its use or the establishment of links to other sites or services based on this site (including, but not limited to, in connection with direct requests or downloading of data or files including screen savers and other software available on the site) even if BUCHERER was advised of the possibility of such damage.
BUCHERER does not accept any responsibility and does not provide any guarantee that the functionalities, content, files and downloadable software are not affected by faults (including, but not limited to, computer viruses, Trojan horses, malicious codes that could disrupt the effective operation of any software, hardware or other equipment) or cannot be interrupted or that the faults can be repaired or that this site or server is free from such harmful effects. Access to the BUCHERER website may be interrupted or prevented at any time, especially during site maintenance or improvement works.

This disclaimer of liability and exclusion of warranty applies to all companies related to BUCHERER (see Legal Notices).
BUCHERER reserves the right to alter the information presented or proposed on this site relating to goods and services at any time and without notice, or to no longer offer particular goods or services. 

 

INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights (including, but not limited to, copyrights, trademark rights, rights relating to designs, patent rights) attached to the content of this site or the products and services of BUCHERER are reserved and remain the property of BUCHERER. Unless otherwise indicated, any images, texts, charts, software or other content or element, which are present on or downloadable from this website shall not be copied, downloaded or otherwise used. Any pages or parts of this site may be downloaded or printed provided that neither the copyright indications nor any other legally protected designation are removed and that the source is indicated. Whenever any data or programs are downloaded or copied in another way from this site, the ownership of the related intellectual property rights is retained by BUCHERER or any third-party assignee. The (full or partial) reproduction, transfer (electronic or otherwise), modification, establishment of a link or use of this site for advertising or commercial purposes is forbidden without the written consent of BUCHERER and without the full citation of the source. BUCHERER does not grant any right to the users of the BUCHERER website (in particular no intellectual property rights) except for the rights required to use the BUCHERER website in a lawful and authorised manner.

THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS
Bucherer maintains business relationships with various commercial partners (e.g. companies from the clock and watch/jewellery industry). Many illustrations on our website therefore belong to third parties. The provisions of the previous paragraph relating to our own intellectual property rights also apply to the intellectual property rights of these third parties. 

HYPERLINKS
The written consent of BUCHERER is required to establish links with pages of this website. The pages of this website may not be framed (i.e. reproduced on another site).

GENERAL PROVISIONS
In using this website, especially when setting up a customer account, you accept the terms of these general terms of use. The resulting user contract is concluded for an indefinite period. If these terms of use are breached or for any serious reason, BUCHERER reserves the right to deny access to your customer account or delete the customer account. 
Any information, offers, illustrations, etc. of goods and services on this website are presented merely for your information and may not be construed as an invitation or an offer, or even a recommendation to purchase goods or services. Only the products and services (including their price) proposed by the BUCHERER subsidiaries and other authorised partners and those proposed in the online BUCHERER store are valid.

Apart from the terms and conditions of the online store, BUCHERER is under no obligation to process any price offer or requests or to accept any orders placed based on information, data, illustrations etc. present on the website of BUCHERER. In particular, BUCHERER is not required to respond to requests by e-mail. Furthermore, BUCHERER does not accept responsibility for the receipt of requests, orders, an invitation to present a price offer or request, etc. sent by e-mail or in any other way.

Apart from these same terms and conditions, even if the use of this website is authorised for one person, it cannot be concluded that the goods and services presented on this site are effectively available in a specific State or territory or that they can be delivered to that location.

APPLICABLE LAW AND JURISDICTION
These provisions and the use of this website (including requests, offers, orders, etc. arising from the use of the site) are governed by French law, to the exclusion of its framework of conflict-of-law rules.

The courts with exclusive jurisdiction to rule on any dispute arising from the provisions above or the use of the website (including requests, offers, orders, etc. arising from the use of the site) are the courts of Lucerne, Switzerland, unless a more protective provision exists for the consumer. The consumer may refer any matter either to the territorially competent courts by virtue of the French Code of Civil Procedure, or to the court of the place in which he is based upon conclusion of the contract or occurrence of the harmful event.

Last update of these General Terms of Use: 29.04.2019