1. LEGAL INFORMATION & ACCEPTANCE OF TERMS
1.1 The website at www.chopard.com (the “Website” or the “Site”) is operated on behalf of Chopard USA Ltd., a New York corporation and subsidiary of Le petit-fils de L.U. Chopard & Cie SA, a Swiss corporation (“Chopard”, “it”, “its”, “we”, “us”, “our”), and use thereof is governed by the following terms of use ( “Terms of Use” or “Terms”). We have drafted these Terms to tell you how you may use our Website, our products, and other services we provide you (collectively, “Services”).
1.2 Please take the time to read these Terms of Use carefully before you access our Website or use any of our other Services. If you disagree with any clause of these Terms of Use, please exit the Website immediately and do not use our other Services.
1.3 Chopard may from time to time revise, change, modify and/or remove part of these Terms of Use at its sole discretion. The new dated version of these Terms of Use takes effect as soon as it is published on-line.
1.4 These Terms, together with our Privacy Policy, govern Chopard’s relationship to you in relation to this Website.
2. DESCRIPTION OF SERVICES
2.1 Chopard provides its Website and Services to help bring its quality, sustainable luxury goods to Chopard’s customers, and sharing information about one of the last family-run watchmaking and jewelry maisons, its members, news, events, services and other corporate information to its Website users and others.
2.2 Please note that all features, content, specifications of our Site or other Services, and any products or prices described or depicted, are subject to change without notice. Also, the inclusion of any product or service does not imply or warrant that it will be available at any time.
2.3 While we strive to ensure that our Services and all other information we provide are complete, accurate, and current, some information provided may sometimes be inaccurate, incomplete, or out-of-date. We make no representation regarding the completeness or accuracy of any Services, or other information, content, advice, or recommendations made through the Site or Services. We also do not make any representations or warranties regarding the quality or safety of any products or Services, or third party products or services offered or made available.
3. YOUR USE OF OUR SERVICES
What We Grant You
3.1 Chopard grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and limited license to access and use our Services, for the sole purposes of letting you, the user, use and enjoy the benefits of the Website for a personal non-commercial use as permitted by these Terms and our other policies. Please see Section 7, “Use of the Website,” below for more information on how we permit you to use our Website.
What You Grant Us
3.2 In using our Services, you may provide us with or otherwise allow us to use certain content or other information from you– for instance, when you provide us photos or other information about your experience with Chopard watches, jewelry, and more. In doing so, you grant Chopard an unrestricted, irrevocable, worldwide, royalty-free, perpetual, sub-licensable, and transferable license to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute the content or other information you provide. Consistent with our Privacy Policy, we may use any content or other information that you provide in a number of ways, including but not limited to facilitating your Chopard experience and for operating, developing, providing, promoting, and improving the Services, as well as for researching and creating new Chopard services.
3.3 In addition, you understand that any questions, comments, suggestions, ideas, testimonials, endorsements, drawings, concepts, photos or feedback (collectively, “Submissions”) you provide are not confidential, and become our sole property. If you provide feedback, suggestions, or any other Submission, including but not limited to business ideas and original works, you are granting Chopard a worldwide, royalty-free, perpetual, fully sub-licensable, and irrevocable right to use, distribute, reproduce, modify, adapt, display, create works from and otherwise utilize such Submissions. This means we can use the ideas you provide to us without compensating you or mentioning you.
3.4 Though we are not required to do so, we may, in our sole discretion, monitor or review the Website, and access, review, screen, remove, and delete content at any time and for any reason, including if we believe that content violates these Terms.
Your Behavior
3.5 You are ultimately responsible for all content provided and activity by you or that otherwise occurs under your account (even if that content or activity occurs from other individuals who have accessed the Site and other Services through your account).
3.6 By using our Services, you agree that:
- You will not use the Site or any Services for any purpose that is illegal or otherwise prohibited in these Terms.
- You will not use any automated means – such as any robot, spider, etc. – to access the Services or extract other users’ information.
- You will not copy, modify, distribute, sell, or lease any part of our Site or Services.
- You will not reverse engineer or attempt to extract the source code of the software.
- You will not use or develop any third-party applications to interact with the Site or Services or other users’ content or information, unless you have our written consent.
- You will not use the Site or any Services in a way that could interfere with, disrupt, negatively affect, or inhibit other Chopard users in fully using the Services, or our ability to maintain our Services.
- You will not use the Site or any Services in a way that could damage, overburden, or impair the functioning of the Services.
- You will not use or attempt to use another Chopard user’s account without their permission.
- You will not solicit other users’ login credentials. You will not create an account using the name of another person with the intent of impersonating the other person, or create an account using any name that is offensive, vulgar, or obscene.
- You will not provide content that is offensive or that contains pornography, graphic violence, threats, hate speech, or incites violence, or promotes any unlawful activity.
- You will not use the Services in any way that violates Chopard’s rights or those of any third party.
- You will not use the Services to harass, abuse, defame, stalk, or threaten others, including other users.
- You will not compromise the security of the Services, including but not limited to uploading viruses or other malicious code.
- You will not attempt to circumvent any content-filters or content-filtering techniques used by Chopard.
- You will access only those areas or features of the Services that we have authorized you to access, and you will not attempt to access any areas or features that you are not authorized to access.
- You will not probe, scan, or test the security or vulnerability of our Services, including any Chopard system or network.
- You will not send unsolicited or spam emails to other users or to Chopard.
- You will not engage in any activity that violates these Terms, and you will not encourage any acts that violate these Terms.
3.7 Chopard allows you to share information about yourself with Chopard – including your photos showing your experiences with our products. We also allow you to communicate with us – for instance, to ask questions, provide feedback and suggestions, and the like. Any communication or other material that you send to us through the Internet is and will be deemed to be non-confidential. Chopard has no obligation of any kind with respect to such information provided. Consequently, any Personal Information (as defined in our Privacy Policy) or other sensitive information that you choose to share may be viewable to others. You agree that any information you share may be viewable by others. Please do not share information that you would not want to be viewed by others, or otherwise be publicly available, such as your Personal Information (as defined in our Privacy Policy).
3.8 There may be times when we ask you for your Personal Information in order to facilitate certain Services – for instance, when you make a purchase or contact us with feedback or questions, we may ask for your contact information so that we can contact you further if needed. When communicating with us, please do not share your Personal Information with Chopard unless we specifically request it. Additional information regarding our use of Personal Information can be found in our Privacy Policy.
4. ORDERING PRODUCTS OR SERVICES
4.1 Chopard provides you with information about and access to luxury goods – including watches, jewelry, leather goods, accessories, fragrances and more – for you to purchase. If you choose to purchase any products or services made available to you through the Services (a “Transaction”), you may be asked to supply certain information relevant to your Transaction. Such information may include your name, your payment card information, and your billing and your shipping address, among others.
4.2 We take reasonable and appropriate technical, organizational and administrative security measures to protect any Personal Information data we process from loss, misuse, unauthorized access, disclosure, alteration and destruction. Nevertheless, even if we strive to protect your Personal Information as much as possible, no transmission system or data network can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of the information you transmit on the Website when transferred through the Internet on unsecured networks. You therefore acknowledge that there are data security and privacy limitations inherent to the Internet, and that the security, integrity, and privacy of any and all information exchanged between you and Chopard, and between you and other Chopard users, cannot be guaranteed and we cannot be held liable. For more information about how we use and protect your information please view our Privacy Policy.
4.3 You are responsible for obeying all applicable local, state, federal, and international laws regarding any products or services you purchase through our Services. You represent that any products, or services you order from us or through our Services will be used only in a lawful manner.
5. PRIVACY
5.1 Your privacy is important – both to you and to us. Please view our Privacy Policy to learn how your information is handled when you register for and use our Services.
6. COPYRIGHT & INTELLECTUAL PROPERTY RIGHTS
6.1 The name and mark Chopard, the Chopard logos and all other Chopard-related marks depicted in this Website, whether registered or unregistered, are trademarks or service marks of Chopard, Le petit-fils de L.U. Chopard & Cie SA and its subsidiaries and affiliates in the United States and other countries. Nothing contained herein or on this Website shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark or other intellectual property of Chopard, Le petit-fils de L.U. Chopard & Cie SA, or any of its subsidiaries or affiliates.
6.2 The information, photos, text, graphics, videos, audio, tools, images, and all other content and materials provided by or made available on this Website (“Content”), and the Website itself, are protected by copyrights, trademarks and/or other intellectual property rights. This Content is owned or licensed by Chopard, Le petit fils de L.U. Chopard & Cie SA or its subsidiaries or affiliates, or used with permission of their owners. This Content is provided for your personal, non-commercial, and informational purposes only. This Content also includes, but is not limited to the text, graphics, photos, interactive features, trademarks, service marks, trade dress, and logos in our Services (“Marks”). You may not use, manipulate, copy, reproduce, transmit, distribute, broadcast, display, sell, or otherwise use our Content and Marks for any purpose whatsoever not permitted by these Terms. All rights are reserved, worldwide.
6.3 We respect the intellectual property rights of others – including copyrights – and prohibit our users from using our Services in a way that violates those rights. Some of the content available through our Services comes from other users and third parties. All other content, trademarks and copyrights that appear through our Website are the property of their respective owners. You agree that you will not use the Services in a way that violates or infringes upon someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights.
6.4 You may not use the Content, Marks, or Services, or the content of others, in ways that are not authorized by these Terms. We may terminate your use or prohibit you from using our Services if we believe that you are violating the intellectual property rights of others in your use of our Site or Services.
6.5 We also have the right to disclose your identity to any third party who is claiming that any content shared or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible or liable to any third party for the content or accuracy of any content posted by you or any other user of our Site. We have the right to remove any posting you make on our Site in our sole discretion. The views expressed by other users on our Site do not represent our views or values.
6.6 As part of our respecting the copyrights of others, under the U.S. Digital Millennium Copyright Act (“DMCA”) copyright owners can file a complaint where they believe materials infringe on their copyright. If you believe that materials on the Services infringe on your copyright, please provide notice to our designated agent at:
Chopard USA Ltd.
Attn: Digital Marketing and E-commerce Department
75 Valencia Ave.
Suite 1200
Coral Gables, FL 33134
USA
Email: contact@chopard.com
Toll free: 1-800-CHOPARD
6.7 Any DMCA notice filed with our designated agent must contain the following:
- Information identifying the copyrighted work that is claimed to have been infringed, such as the copyrighted work’s title, author, URL, or other information.
- Sufficient information allowing us to identify and locate the allegedly infringing material.
- Your contact information, including your address, telephone number, and email address, so that we may contact you.
- A personal statement that you have a good-faith belief that the use of allegedly infringing material is not authorized by the copyright owner, its agent, or the law.A s
- tatement, under penalty of perjury, that the information in your notification if accurate and that you are authorized to act on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
6.8 We recommend that you speak to a legal advisor before filing a DMCA notice with our designated agent to assess your r+B35+B37
7. USE OF THE WEBSITE
7.1 The materials, information and Content contained on the Website is presented for information and promotion purposes only.
7.2 The materials, information and Content provided is for your personal use only. You may download, display or print the materials, information and Content appearing on the Website exclusively for personal and non-commercial purposes, provided that the copyright notice is retained on each copy and you do not change any trademark or other notification of ownership. Downloading or reproduction of any document or software gives you no right, title or interest with respect to said document or software.
7.3 Any other use, including reproduction for purposes other than personal non-commercial use, modification, dissemination, publication, distribution, transmission, creation derivative works form, or broadcast of the materials, information and Content of the Website, in whole or in part and by any means, is strictly prohibited, except with Chopard’s prior written consent. +B35+B37
8. INFORMATION DEEMED NON-CONFIDENTIAL AND SUBMISSIONS
8.1 Any personal identification or information sent via the Internet to the Website is protected and treated according to Chopard’s Privacy Policy. Chopard invites you to read the Privacy Policy carefully before sending any such personal identification or information.
8.2 You hereby accept that all Submissions and any other documents communicated or entrusted to Chopard through its Website, in connection with the Website, or by any other means will be considered non-confidential, non-proprietary and not personal either to you or to anyone else.
8.3 As noted in Section 3 above, any Submission made by you becomes our sole property. However, you will be responsible for any Submission made by you that infringes on the rights of a third party, with respect to copyright, registered trademarks, patents, trade secrets, private life or any other personal or property rights.
8.4 Chopard enjoys a worldwide reputation for both the design and manufacture of high quality watches, jewelry and other luxury products. To this end, it possesses its own sources of creativity, in particular highly skilled teams of designers who conceive and perfect Chopard’s creations. As a result, Chopard will not agree to or accept being the receiver of unsolicited proposals of collaboration and it is possible that Chopard may already be working on similar ideas. Consequently, you are advised that Chopard is not interested in receiving ideas or other proposals.
9. DISCLAIMER OF WARRANTIES
9.1 Any materials, information or Content on the Website are supplied “as is” in terms of their availability, and with no guarantee of any sort, express or implied, including, amongst others, implied warranty of merchantability or suitability for any particular purpose.
9.2 Chopard carries no liability and cannot guarantee that the Content on the Website is accurate, complete and up-to date, or that the Website contains no defect and that any existing defects will be corrected. By using this Website, you agree to do so at your own risk and assume full responsibility for any problems inherent in using it, any loss of data and costs related to any assistance or repair to any hardware and/or software used by you for connecting to the Website, and you agree that Chopard bears no liability whatsoever for any damage that may be caused by, result from or be connected to your use of the Website.
9.3 While Chopard takes reasonable and appropriate technical, organizational and administrative security measures to protect the information we are entrusted with, if you communicate with us by e-mail, you should note that the security of Internet e-mail is uncertain. By sending sensitive or confidential e-mail messages, you accept the risk inherent to such uncertainty and possible lack of confidentiality over the Internet.
10. LIMITATIONS OF LIABILITY
10.1 You access, use, browse and navigate on the Website at your own risk.
10.2 You accept that, to the fullest extent permitted by applicable regulations, neither Chopard nor any of its affiliates shall, under any circumstances, be held liable for actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, even if Chopard was previously informed of the possibility of such damage, whether during a contractual action, a prejudice or any other theory, resulting from, or connected to the use, incapacity to use or execution of information, products or documents, or other Contents or Services, on this Website.
10.3 All materials, information or Content downloaded or obtained in any other manner during the use of the Website are at your own risk. Chopard takes no responsibility for any damage or virus which might affect your computer equipment or other property by reason of your access to, use of, or downloading of any materials, information or Content from its Website or for any illegal intrusion or intervention in the IT system.
10.4 Chopard reserves the right to interrupt or discontinue any or all of the functionality of its Website. Chopard accepts no responsibility or liability whatsoever for any interruption or discontinuing of any or all functionality of its Website resulting from actions or omissions of Chopard or any third party.
11. CHANGE OF INFORMATION
11.1 The Content of the Website may contain inaccuracies or typographical errors. Chopard reserves the right to make changes, corrections, and/or improvements to such Content at any time without prior notice but does not assume any responsibility to do so.
11.2 The style, drawing and colours of Chopard products featured on the Website may be modified without prior notice.
12. AVAILABILITY OF PRODUCTS AND SERVICES
12.1 The products featured on the Website are representative of Chopard’s collection. However, not all Chopard products are featured on the Website.
12.2 The Website may contain information on Chopard products and services, not all of which are available in every location. A reference to a product or service on the Website does not imply that such product of service is or will be available.
12.3 Products and services described on this Website are available while supplies last. The product images on this Website are representative and are not necessarily photographs of the actual product you will receive. Chopard reserves the right to discontinue the production of any product, and to discontinue the offering or sale of any product or service at any time, without notice. Chopard will not guarantee that any particular product or service displayed on this Website will be available at any particular location, even if that location has been indicated as a source for that product or service. In the rare case in which a product may become unavailable after you have received confirmation of an order for it, Chopard will contact you, offering you the opportunity to order another product or to cancel your existing order.
12.4 While every effort is taken to try to ensure that the color, design, style, reference number, description, size and pricing of the products featured on the Website are representative of the original products, variation may occur. As such, product and service descriptions on this Website may vary from time to time, and typographical errors may occur, with the result that product and service descriptions, including but not limited to pricing, may not be complete, current, or accurate. Chopard will not be liable for any error or inaccuracy in the description, reference, pricing and in the photographs or graphical representations of products displayed on the Website, and is under no obligation to deliver the products and/or pay any damages whatsoever. Any questions about products can be directed to the Chopard Customer Service Department via our online “Contact Us” page.
13. CHOPARD'S RETAIL PRICE
13.1 Chopard reserves the right to change the prices of products and services featured on this Website at any time, without notice. If you place an order online, you will be charged the price indicated on the Online Store of this Website at the time of your online order (except if pricing errors as noted in Section 13.4 above). All prices shown on the Online Store are in U.S. Dollars. Payment for online orders is processed at the time of ordering. Chopard accepts most major credit cards. No checks, cash or money-order payments will be accepted for online purchases. An order placed will only be processed and shipped after all the information supplied is deemed verified and approval from the credit-card company has been received.
Existing merchandise credits or gift certificates from Chopard or any of its affiliated entities may not be used for online purchases.
14. LINKS
14.1 The Website may contain links to other third party Internet websites that are not operated or controlled by Chopard. Those addresses or links are provided solely as aids to assist you to locate other Internet websites that may be of interest. Chopard provides links as a convenience and does not endorse the proprietors or content of any linked Websites, including any linked website of any company related to Chopard, in control of it, or under common control with it.
14.2 Chopard has not reviewed any of the websites which link to the Website. Chopard shall not be held liable for the availability or content of such websites or any article contained on or obtained through such websites. Please note that following any link to any third party website is at your own risk.
15. JURISDICTION & CHOICE OF LAW
15.1 The present Terms of Use embody the full agreement concluded between Chopard and yourself concerning the access and use of the Website and its Content.
15.2 These Terms of Use, as well as your use of the Website and any agreement between us, shall be governed by and construed in accordance with the laws of Florida, United States of America, without giving effect of conflicts of law principles. Any dispute, controversy or claim arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the United States District Court for the Southern District of Florida, and the parties agree and submit to the personal and exclusive jurisdiction and venue of this court.
16. SEVERABILITY
16.1 If any portion of these Terms is found to be unenforceable, that provision will be severed from these Terms, and will not affect the validity and enforceability of the remaining Terms.
17. COMPLETE TERMS
17.1 Please note that these Terms, along with any other documents incorporated by reference, make up the entire agreement between you and Chopard. We reserve all rights that are not expressly granted to you. You may not transfer any rights given or obligations borne to you under these Terms without our express consent. We do not waive any provision under these Terms even if it is not enforced. These Terms remain in effect until such time as modified or terminated by us.
19. CONTACT US
If you have any questions regarding these Terms or our practices, you can contact us via our online “Contact Us” page or at:
Chopard USA Ltd.
Attn: Digital Marketing and E-commerce Department
75 Valencia Ave.
Suite 1200
Coral Gables, FL 33134
USA
Email: contact@chopard.com
Toll free: 1-800-CHOPARD
Effective date: 10.04.2019