Legal

Vacheron Constantin

The Hour Club Terms of Use

Last updated: November 2015

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 edited by Vacheron Constantin.

These Terms of Use govern your use of Vacheron Constantin websites 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 at the registered address above and its affiliates.

Please read these Terms of Use carefully before using the Platform. By using the Platform, 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 Platform. 

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 Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use the Platform, 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 Richemont International SA 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.

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 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 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. By sending communications to Vacheron Constantin, you automatically grant Vacheron Constantin a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that you transmit may be used by Vacheron Constantin and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products using such information.

The world’s oldest watch manufacturer in continuous operation since 1755 and founder of the spirit of technical and precious Haute Horlogerie, Vacheron Constantin has been making horological history for over 260 years. 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 does 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 is 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 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 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 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 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.

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

Register of Companies for Switzerland: No. CH-660.0.002.8870-4

Vacheron Constantin
Tel. +41 (0)22 930 2005
E-mail: concierge.europe@vacheron-constantin.com

 

Privacy Policy

Last updated: March 2018

About Vacheron Constantin and this Privacy Policy

Vacheron Constantin, branch of Richemont International SA has its registered offices at Chemin du Tourbillon 10, 1228 Plan-les-Ouates, Switzerland.  In this Privacy Policy, 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, our affiliates and our boutiques.

Please take a moment to read the following policy that explains how we collect, use, disclose and transfer the personal information that you provide to us on our websites, mobile applications and other digital platforms (together referred to as the “Platforms”), when you visit a Vacheron Constantin boutique, contact the Vacheron Constantin concierge by telephone, or when you interact with us over social media platforms. It also explains how we collect information through the use of cookies and related technologies when you use our Platforms.

Where we offer our products for sale online or by phone through the Vacheron Constantin Client Relations Center, you must read the applicable Conditions of Sale, which will govern the terms and conditions of any such purchases made in this way.  

General Data Protection Regulation Representative

For the purpose of the General Data Protection Regulation in the European Union, we have appointed the following entity as our legal representative:

Data Protection & Privacy Team
RLG EUROPE B.V.
Herengracht 436
1017BZ Amsterdam
The Netherlands

Updates to this Privacy Policy

From time to time we may update this Privacy Policy. When we do, we will publish the changes on this Platform.

Information you provide to us and how we use it

We collect the information from you as detailed below:

·                To access certain areas of our Platform, you will need to register with us.  During the registration process you will be asked to submit personal information about yourself (including your name and address, date of birth, e-mail address and telephone number).  By entering your details in the fields requested, you enable Vacheron Constantin to provide you with the services you select;

·                When you purchase products online or by phone, we collect information such as your purchase details and relevant payment information.  In addition, we will also collect personal information from you when you correspond with us (for example, if you contact us with a query about one of our products or services), when you provide your details when you visit a Vacheron Constantin boutique or contact the Vacheron Constantin concierge by telephone.  Please note that phone calls will on occasion be recorded for security, training and development purposes;

·                If you choose to interact with Vacheron Constantin via a social media platform or other third party service, we will collect the information you have provided to us through that platform;

·                We also collect certain information automatically about visitors to our Platform, described in the section headed "Cookies and other information that we automatically collect", below; and

·                We will collect information about your location to the extent that we provide any location services, described in the section headed “Location services” below.

We will use the information we collect from you to:

·                Manage and fulfil purchase and repair orders, facilitate delivery, and to provide after-sales services;

·                Manage our accounts and records;

·                Deal with your enquiries and requests;

·                Send service related communications, including announcements and administrative messages such as order confirmation;

·                Identify products and services we think you might be interested in based on your information, such as your purchase history and your previous interactions with us;

·                Send you marketing communications (including e-mails and social media audience matching) relating to us and other third party partners and that we think may be of interest to you where we have a legitimate basis to do so (please see the “Your choices” section below for further information about how you can control these updates);

·                Conduct market research so that we can continuously improve the services we provide to our customers;

·                Undertake credit checking, prevention of fraud and other prohibited or illegal activities as part of our efforts to keep our Platform and services secure; and

·                Understand how our Platform is used so that we can continuously improve our Platform and services and other offerings.

Where you have agreed to a particular use of your information, we process it on the basis of your consent. You may withdraw that consent at any time (for example, for us to send you marketing communications) by contacting us (see the section headed “Contact us” below). We also process your information where this is necessary for the performance of a contract with you or where it is necessary for our legitimate interests of operating, protecting and improving our business.

Cookies and other information that we automatically collect

Like most platforms, Vacheron Constantin logs IP addresses and uses cookies and similar technologies that allow us to recognise you and to customise your experience, and provide us with information about the way our visitors access our Platform. You can find out more about how we use cookies and related technologies below.

What is a cookie?

Cookies are text files, containing small amounts of information, which are downloaded to your computer or mobile device when you visit a website or mobile application. They are used to recognise your computer as you move between pages on a website, or when you return to a website or mobile application you have visited previously. Cookies are widely used in order to make platforms work, or to work more efficiently, as well as to provide information to the owners of the platform.

We use cookies to enhance the online experience of our visitors (for example, by remembering your language and/or product preferences) and to better understand how our Platform is used. Cookies will tell us, for example, whether you have visited our Platform before or whether you are a new visitor. They can also help to ensure that adverts you see online are more relevant to you and your interests.

There are two broad categories of cookies:

·                First party cookies, served directly by Vacheron Constantin to your computer or mobile device. They are used only by Vacheron Constantin to recognise your computer or mobile device when it revisits our Platform.

·                Third party cookies, which are served by a third party service provider on our Platform, and can be used by the service provider to recognise your computer or mobile device when it visits other platforms. Third party cookies are most commonly used for platform analytics or advertising purposes.

Cookies can remain on your computer or mobile device for different periods of time. Vacheron Constantin uses both 'session cookies' and ‘permanent cookies’. Session cookies exist only while your browser is open and are deleted automatically once you close your browser. Permanent cookies survive after your browser is closed, and can be used to recognise your computer or mobile device when you open your browser and browse the internet again.

What cookies does Vacheron Constantin use?

The Platform serves only the following types of cookies to your computer or mobile device:

Type of Cookie

Purpose

Cookies necessary for essential purposes

These cookies are essential to provide you with services available through this Platform and to use some of its features, such as access to secure areas. Without these cookies, services you have asked for, like transactional pages and secure login accounts, would not be possible.

Functional Cookies

These cookies serve a variety of purposes related to the presentation, performance and functionality of this Platform. Their overall purpose, however, is to enhance visitors’ experience and enjoyment of this Platform.

For example, some of these cookies enable visitors to specify language, product or other platform preferences.

Performance Cookies

These cookies are used to collect information about how visitors use our Platform.

The information gathered does not identify any individual visitor and is aggregated. It includes the number of visitors to our Platform, the platforms that referred them to our Platform and the pages that they visited on our Platform.

We use this information to help run our Platform more efficiently, to gather broad demographic information and to monitor the level of activity on our Platform.

Advertising Cookies

When you visit our Platform or click on advertisements or promotional areas on the Platform these cookies are used to deliver adverts more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help to evaluate the effectiveness of advertising and promotion.

They are usually placed by advertising networks with our permission. They remember that you have visited a platform and this information is shared with other organizations such as advertisers./p>

Social Cookies

These cookies enable users to share pages and content through third party social media and other platforms. The companies that serve these cookies may also use your information to serve targeted advertising on other platforms.

Further detailed information about the specific cookies used on this Platform and the third parties who serve them can be found in our cookie consent tool.  You can use this cookie consent tool to control your cookie preferences.

How to control or delete cookies

We use non-essential cookies on the basis of your consent. You have the right withdraw that consent and refuse the use of cookies at any time and we have explained how you can exercise this right below. However, please note that if you choose to refuse cookies you may not be able to use the full functionality of our Platform.

You can set your cookie preferences by using our cookie consent tool or by changing your browser settings so that cookies from this Platform cannot be placed on your computer or mobile device. In order to do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” facility).

Further information about cookies, including how to see what cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.eu.

IP addresses

We will collect information about your computer or mobile device, including where available your IP address, operating system, log-in times and browser type. We use this information to better understand how visitors use our Platform and for internal reporting purposes. We will anonymise and share this information with advertisers, sponsors or other businesses.

Location services

Some of the services that we provide are able to use information about your location. For these services, which are typically available on mobile devices or applications, you are provided with the opportunity to provide your consent to the use of location services, which, for example, process information deriving from GPS, sensors, beacons or Wi-Fi access points in order to allow you to benefit from a more personalised service. Your device will have settings that allow you to turn off these services should you no longer wish to benefit from them.

Sharing your information

We do not share personal information about you with other people or non-affiliated companies except under the following circumstances:

·                we will disclose your personal information to third party providers for the purposes of providing online and other payment services, handling credit checks and fraud prevention, and any other services required in order for us to use your information for the purposes specified in the section entitled “Information you provide us and how we use it”;

·                we will disclose your personal information to any law enforcement agency, court, regulator, government authority or other third party where we believe this is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights or the rights of any third party;  and

·                we will disclose your personal information to any third party that purchases, or to which we transfer, all or substantially all of our assets and business. Should such a sale or transfer occur, we will use reasonable efforts to try to ensure that the entity to which we transfer your personal information uses it in a manner that is consistent with this Privacy Policy.

International transfers

We have implemented standard contractual clauses to ensure adequate safeguards are in place to protect your information where it is transferred to our affiliated companies and boutiques in territories outside the European Economic Area and Switzerland.  Where we share your information with a third party service provider outside of the European Economic Area and Switzerland (as detailed in the section entitled “Sharing your information”), we contractually oblige the third party service provider to implement adequate safeguards to protect your information.

Protecting your information

We want you to feel confident about using our Platform, and we are committed to protecting the personal information we collect. We limit access to personal information about you to employees who reasonably need access to it, to provide products or services to you or in order to do their jobs. We have appropriate technical and organisational physical, electronic, and procedural safeguards to protect the personal information that you provide to us against unauthorised or unlawful processing and against accidental loss, damage or destruction. However, where we ask you to choose a password in order to access certain parts of our Platform, you are responsible for selecting a secure password and keeping that password confidential. You should choose a password which you do not use on any other site, and you should not share it with anyone else.

Retaining your information

We keep your information for only as long as is necessary for our purposes, and in particular to protect ourselves in the event of a legal claim (for example, information relating to a contract with you will be kept for the lifetime of the contract and up to ten years after). After this period it will be deleted or in some cases anonymised. Where we sought your consent to process your personal information and we have no other lawful basis to continue with that processing, if you subsequently withdraw your consent we will delete your personal information.

If you request that we no longer send you direct marketing communications, we will keep a record of your request and contact details to ensure that your request is respected.

Your choices

You have the right to ask for access to any personal information that we hold about you in our records, to correct any inaccuracies and to update any out-of-date information. In some circumstances, you have the right to request the erasure of your personal information or a restriction of its use.

You have the right to object to us processing your personal information in some cases. In particular, you can ask us to stop sending you direct marketing communications at any time (however please note that we may continue to send you service-related (i.e. non-marketing) communications, such as e-mail updates on your order status). If you wish to exercise any of these rights, please write to us at the address listed below.

You may unsubscribe from e-mail marketing communications at any time by e-mailing the address below in the section headed “Contact us” or clicking on the ‘unsubscribe’ link in any Vacheron Constantin marketing e-mails.

If you have a concern about how we use your information, as a first step please contact us using the details set out below and we will do our best to resolve your concern. After investigating your concern, we will respond to you in writing within a reasonable time setting out our proposed remedial action. If you think we have processed your personal information in a manner which is unlawful or breaches your rights you also have the right to complain to a European Data Protection Authority in your place of residence or work, or the jurisdiction in which the processing took place.

Contact us

If you have any questions or comments about this Privacy Policy, or privacy matters generally, please contact us at the address provided below. You can also use this address if you wish to request access to the personal information we hold about you or to unsubscribe from any further e-mail marketing communications.

If you have any questions about this Privacy Policy or the manner in which your information may be processed, please contact us at :

Email: concierge.europe@vacheron-constantin.com