Conditions of Use

 

Terms of Use

Before using the Web site (the "Site") www.Gergeswiss.com . By entering this Site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time. When changes are made, we will post them here. This site will be updated time to time. Terms of Use (which appear at the end of this document) and review any changes since the last version. If any reason you do not agree to these Terms of Use, please do not use this Site. This Site is operated by Gergé Swiss Timepieces Gergé Inc. (US) Terms of Use, the terms "we", "us" and "our" refer to Gergé. This Site, including all information, products, content, tools, materials, and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, statements and notices stated here. Continued use of this Site constitutes your agreement to these Terms of Use.

 

Privacy

Our Privacy Statement in this web www.gergeswiss.com/privacy-policy, is incorporated into and forms a part of these Terms of Use and is part of our agreement with you. Read our Privacy Statement carefully since it describes, among other things, how we collect, share, use, transmit, process, store, transfer, and secure information obtained when you access and use our Site.

 

Use Of Material On The Site

All content on this Site (including, without limitation, design, graphics, logos, icons, images, text , audio/video clips, downloads, material, Interfaces information, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Gergé Inc. (US), its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may only access, copy, download and print the content contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the content you access, copy, download or print. Any other use of content on the Site, including but not limited to the distribution, modification, transmission, performance, publication, broadcast, uploading, reverse engineering, licensing, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site, or use of the Site for purposes competitive to Gergé (defined below), is expressly prohibited. Gergé Inc. (US).reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Gergé Inc. (US), or its licensors or content providers, retain full and complete title to the content provided on the Site, including all associated intellectual property rights, and provide this content to you under a non-exclusive limited license that is revocable at any time at Gergé Inc. sole discretion. You or third parties acting on your behalf may not: (i) use contact information provided on the Site for unauthorized purposes, including marketing; (ii) use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site; (iii) interrupt or attempt to interrupt the operation of the Site in any way. Gergé Inc. reserves the right, in its/their sole discretion, to limit or terminate your access to or use of the Site at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination and are fully responsible for all of our costs for collection (including attorneys’ fees as incurred) of any such charges or other liabilities. Termination of your access or use will not waive or affect any other right or relief to which Gergé Inc. may be entitled, at law or in equity.Gergé Inc. reserves all rights not expressly granted in these Terms of Use.

 

Trademarks and Copyright

Gergé inc, (defined herein) trademarks, trade names, logo, slogan, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of Gergé Inc. (US), Inc. Nothing on this Site shall be construed as granting, by implication, or otherwise, any license or right to use any logo, trademark or service mark displayed on the Site without the owner’s prior written permission by a duly authorized representative, except as otherwise expressly described herein. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries. The use (except as explicitly permitted in these Terms of Use) or misuse of the trademarks, copyrights or any other intellectual property of Gergé Inc. prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes.

 

Merchandise Availability

Availability of merchandise may be Limited due to Limited production, our authorized retailers and on Gergeswiss.com. Display of an item on Gergeswiss.com does not a guarantee that the item is currently available or in stock or that it will be available on our Site when you visit, please contact our Customer Services group via email at info@Gergeswiss.com or by calling 1-800-620-4374 Monday through Friday from 9am to 5pm PST, excluding holidays, or via mail to: Gergé Inc., 629 S. Hill St. #900, Los Angeles CA 90014. We will do our utmost to fulfill your requests whenever possible. Merchandise Display Gergé Inc. will do it’s best to display its merchandise on Gergeswiss.com as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. Gergé Inc. cannot guarantee the accuracy thereof. However, if you are dissatisfied with any item you purchase from Gergeswiss.com, you can return or exchange it to us in accordance with our then current terms. For more information regarding Gergé’s return and exchange policy and procedures, please visit the Customer Service or Frequently Asked Questions page on our Site.

 

Orders, Prohibition On Reselling, and Price

 The content on this Site does not constitute a binding offer to sell products described on the Site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from or through this Site for resale by you or any other person, and you may not resell any item purchased from or through this Site. The prices displayed on the Site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. In the event we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

 

International Visitors

We truly value your interest in our Online Store. However, please note that Gergeswiss.com can only ship within the United States of America .The rest of the world has to go through our distributors worldwide.

 

Your Account

When and if you use the Site, it shall be your sole responsibility to provide true, accurate, current and complete information about yourself and maintain the confidentiality of your e-mail address, password and any other account identifiers related to any personal account you created on the Site (the "Account"), and for restricting access to your computer(s). You also agree to accept sole responsibility for any and all activity that occurs under your Account. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your e-mail address, password and any other account identifiers related to any personal account you created on the Site, notify Gergé immediately. Gergé may assume that any communications Gergé receives under your e-mail address, password and any other account identifiers related to any personal account you created on the Site have been made by you unless Gergé receives notice otherwise.

 

User Submissions

Any comments, suggestions, reviews, ideas, materials and other submissions ("User Submissions") that you send, provide or convey to or on behalf of Gergé are provided on a non-confidential and non-proprietary basis. By submitting User Submissions, you are granting Gergé irrevocable, royalty-free, perpetual, worldwide, and fully sub-licensable license to reproduce, translate, modify, publish, adapt, creative derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant Gergé the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify or attribute you in connection with any such use. You also agree that we and every other member of The Swatch Group will be free to use any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any further compensation to you. You represent that no User Submission made by or through you to or through the Site violates any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further represent that no User Submissions made by or through you to the Site will be or contain material that is offensive, unlawful, threatening, harmful libelous, obscene, defamatory, abusive, inflammatory, pornographic, hateful or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate the security of the Site or would otherwise violate the law. You agree that you will remain responsible for the content of any User Submissions you make and that you or any party acting through you will not seek to hold GERGÉ liable for the User Submissions of others. We may review, remove, reject, or revise User Submissions at any time, without prior notice, and in our sole discretion. We may remove, reject, or revise content that we believe violates these Terms of Use, is otherwise objectionable, or for any other reason and in our sole discretion without prior notice.

 

Links to Other Websites

Gergé makes no warranties or representations about any non-Gergé website and has no responsibility or liable to you for such websites or their content. In addition, certain third party sites may also provide links to Gergé websites. None of such links should be deemed to imply that Gergé endorses such third party websites or any content therein. Accuracy, Completeness And Timeliness Of Information On This Site We are not responsible if content made available on this Site is not accurate, complete or current. The content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the content on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the content of this Site at any time (including after you have submitted your order), but we have no obligation to update any content on the Site. You agree that it is your sole responsibility to monitor changes to the Site.

 

Indemnity

You agree to promptly defend, indemnify and hold Gergé inc., and each of its directors, officers, employees, agents, licensors, service providers, subcontractors, suppliers and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys' and professionals’ fees and court costs, each as incurred, (collectively, starting with the word “losses” “Claim”) in any way arising from, related to or in connection with your use of the Site, your violation of these Terms of Use or the posting or transmission of any materials or User Submissions on or through the Site by you. You shall not, without the prior written consent of the Indemnified Parties, settle or compromise any Claim, or permit a default or consent to the entry of any judgment in respect thereof, unless such settlement, compromise, or consent includes, as an unconditional term thereof, the giving by the claimant to the Indemnified Parties an unconditional release from all liability in respect of such Claim. The Indemnified Parties reserve the right, at its/their own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully cooperate with the Indemnified Parties in the defense of such matter.

 

Disclaimer

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE INDEMNIFIED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT CONTENT AND MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY CONTENT OR MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT AND MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GERGÉ INC. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. THE INDEMNIFIED PARTIES DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT AND MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE (ii) ANY INFORMATION OR OTHER CONTENT YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES; (iii) YOUR USE OF THE SITE IS AT YOUR OWN RISK; AND (iv) THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK OR CONDUIT FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, Gergé’S REMOVAL OR DELETION OF ANY MATERIALS OR USER SUBMISSIONS SUBMITTED OR POSTED ON OR THROUGH ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE INDEMNIFIED PARTIES IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND Gergé AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Jurisdiction and Applicable Law

Our Site is based in the United States of America (“U.S.A.”). If you access this Site from outside the U.S.A., you do so on your own initiative, at your own risk, and accept total responsibility for your conduct. These Terms of Use shall be governed, construed and enforced according to the laws of the State of California, U.S.A., without giving effect to: (i) California conflict of laws provisions; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna on April 11, 1980. You expressly agree that the exclusive jurisdiction for any claim or action arising from or relating to these Terms of Use of this Site shall be in state or federal court located in California, California , U.S.A., and you further agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action and expressly waive any objection to that venue. You also agree to comply, at your expense, with all applicable local, state, federal and international laws and regulations, including, but not limited to, U.S.A. export restrictions that relate to your use or activities on this Site. To the fullest extent permitted by law, the controlling language, at all times, for these Terms of Use is English.

 

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change, modify or otherwise alter these Terms of Use at any time by posting revised terms on the Site. Please review the terms of use periodically because it is your sole responsibility to check for any changes we may make to these Terms of Use. Your continued use of this Site following the posting of changes to these Terms of Use or other policies or statements will constitute your acceptance.

 

Entire Agreement and Admissibility

These Terms of Use and any policies, statements, notices or operating rules (individually and collectively, starting with the term “Terms of Use”, the “Entire Agreement”) posted on this Site constitute the entire agreement and understanding between you and Gergé Inc. (US). with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of the Entire Agreement shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Miscellaneous

The waiver of any provision of the Entire Agreement shall not be considered a waiver of any other provision or of Gergé Inc. (US )right to require strict observance of each of the terms herein or therein. If any provision of the Entire Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. The Entire Agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. Except for the Indemnified Parties, there are no third party beneficiaries of these Terms Of Use. The Entire Agreement is personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of an authorized representative of Gergé Inc. (US). Any attempt by you to assign, transfer or delegate the Entire Agreement or any portion thereof without the express written permission of an authorized representative of Gergé Inc.(US) will be null and void. Gergé Inc. (US) has the right to transfer, assign and delegate the Entire Agreement to one or more third parties without your permission.

 

Acknowledgement

You acknowledge that the Entire Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site and/or receipt of content available at or through the Site. The Gergé International Warranty and after-sales services are offered exclusively to customers in possession of watches sold through an authorized Gergé retailer. Any Gergé watch offered for sale by a non-authorized dealer (particularly over the Internet) may be counterfeit or may be stolen or defective. Therefore Gergé declines all responsibility.