TERMS AND CONDITIONS OF USE

This website https://www.mauricelacroix.com/ (the “Website”) is operated by Maurice Lacroix SA, branch of Medinova AG, a company incorporated under the laws of Switzerland with its registered address at Rue des Rangiers 21 2350 Saignelégier Switzerland (“Maurice Lacroix"), company registration number CHE-236.667.906, VAT number CHE-116.286.044. Throughout the Website, the terms “we”, “us” and “our” refer to Maurice Lacroix SA.

The Website’s publishing director is Maurice Lacroix. It is hosted by Salesforce Commerce Cloud.

PLEASE READ THE FOLLOWING TERMS OF USE OF THE WEBSITE (the “ToU”) CAREFULLY BEFORE USING THE WEBSITE.

These ToU applies to your access to, and use of, the Website, and the services available through the Website (“Services”). These ToU apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

By accessing and visiting the Website and using the Services, you agree to be bound by these ToU. If you do not agree to be bound by these ToU, you must cease using the Website or the Services.

We reserve the right to amend or update all or part of these ToU from time to time at our discretion. We will always post the most current version of these ToU on the Website and display the ”Last Updated” date to reflect the date of the changes. Please consult these ToU from time to time to take notice of any changes we made, as they are binding to you.

1.1. You may register for, or subscribe to, our Website and Services as available from time to time on the Website. When registering for, or subscribing to, the Website and the Services you agree to provide accurate, true and up to date information in all respect and at all times. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and to prevent Maurice Lacroix from inadvertently contacting third parties. If you registered for a Service requiring prior authentication (e.g. Account, Wish list), you are solely responsible for maintaining the confidentiality of your password and any and all use of your account or password (the “Account Details”) and accept sole risk for all activities that occur under them (including the activities of persons who access our Website using your Account Details). Maurice Lacroix is authorized to rely upon any acts or communications it receives under your Account Details as if such acts or communications have been made by you unless Maurice Lacroix receives explicit prior notice otherwise. You agree to notify us immediately if you suspect any unauthorized use of your Account Details .

1.2. The Services are generally not intended for person under the age of eighteen (18) years (or age of majority of the individual's relevant jurisdiction) or for adults under guardianship. You represent that you are at least this age, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website. If you are under this age, please do not view, use, register for, or subscribe to, the Website or the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your jurisdiction (or fraudulently misrepresented your age during the registration or subscription process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you the Services. We advise parents or guardians of minors or guardians of adults under guardianship using the Website that is important that they communicate with such minors or adults under guardianship, as applicable, about their safety online and potential risks on them.

2.1. You agree that in using the Website, you will not:
• provide false or otherwise misleading information or impersonate another person;
• use anyone else’s Account Details without the permission of the account holder;
• use the Website in any way that interrupts, causes or may cause damage to the Website, impairs the Website’s availability or accessibility or renders the Website less efficient;
• circumvent or attempt to circumvent the Website’s security measures and tamper with the technology that forms part of the Website;
• obtain or attempt to obtain any information, materials or documents not purposely made available through the Website through any means (such as personal data, financial or other confidential or sensitive information);
• breach any applicable law;
• use the Website for any unlawful purpose or in a way which infringes the rights of any third parties;
• upload, post or otherwise transmit via the Website any content that:
o is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise inappropriate;
o constitutes unauthorized disclosure of personal data or confidential information;
o infringes the intellectual property rights of any party;
o contains viruses or other form of malware.

2.2. Maurice Lacroix may immediately terminate your registration or subscription, or suspend it, at any time and at its sole discretion, in case of any material breach by you of these ToU, without prejudice to any other remedies provided by the applicable law. Maurice Lacroix will notify you about the termination or suspension, as applicable, by e-mail or postal mail and your Account Details, if any, will be deactivated. The obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes. Your registration for, or subscription to, one or more Services will be effective upon successful completion of the relevant process.

2.3. You may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail to info@mauricelacroix.com. We will send an email or other communication confirming your cancellation of your registration or subscription.

3.1. Your submission of personal information through the Website is governed by our Privacy Policy. Before uploading or providing any personal data to the Website, please read carefully our Privacy Policy, click here.

3.2. The Website uses cookies to monitor browsing preferences. If you have allowed cookies to be used, please consult our Cookie Policy to find out the type of personal data that may be processed by us [insert link to Cookie Policy].

4.1. Certain parts of the Services may require the Services to be provided through electronic communication channels, such as e-mail, text messages, or phone calls. You agree that we may contact you for Services – related issues – by SMS, e-mail or other electronic technology and you acknowledge that, in some jurisdictions, use of the mobile services may result in charges imposed on you by your network provider and that you will be responsible for such charges.

5.1. The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation and use of the Website, layout, structure and organization of the content of the Website, the collection and organization of data and information, video clips, musical compositions, audio clips, designs, devices, domain names and URLs, or any other material (collectively, “Contents”) are either owned or licensed by us, and are protected by applicable copyright, trademark, patent or other intellectual property laws around the world. Any use of the Contents not expressly permitted by these ToU is a breach of these ToU and may violate copyright, trademark, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works in any form or by any means without the prior written permission from Maurice Lacroix.

6.1. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you acknowledge and agree that such Submissions will be considered non confidential and non-proprietary. You retain all of your ownership rights in the Submission, but by uploading it, you hereby grant us a worldwide, irrevocable, free of charge, non-exclusive license to use, operate, store, copy, reproduce, modify, publish, distribute and make it available to third parties, in any form and media for any purpose, including advertising, promotional or products development or other commercial purposes.

6.2. You acknowledge and agree that Maurice Lacroix is not and shall not be under no obligation (1) to maintain any Submission in confidence; (2) to pay compensation for any Submission; or (3) to respond to any Submission.

6.3. Whenever you upload content or Submissions to our Website, or make contact with other users of our Website, you must comply with the “Use of the Services” provisions set out above in Section 2.1. You are fully responsible for the content or accuracy of any Submission or any postings you make. Maurice Lacroix may, but has no obligation to, monitor, edit or remove the Submission made to this Website by a user. If notified by a user of a Submission allegedly in violation of these ToU, Maurice Lacroix may investigate the allegation and determine in good faith and at its sole discretion whether to remove such Submissions. Maurice Lacroix will have no liability or responsibility to users for performance or nonperformance of such activities. 6.4. We reserve the right to reject or delete any Submission or remove any postings you make on the Website, for any or no reasons, including if such Submission or postings, in our judgment, violate these ToU.

7.1. The Website may include links to third-parties’ websites that are not affiliated with us (“Linked Sites”). We are not responsible for examining or evaluating the content or accuracy of Linked Sites and we do not warrant and will not have any liability or responsibility for any third-party Linked Sites, or for any other materials, products, or services of third-parties.

7.2. If you choose to access Linked Sites, you do this at your own risk. Your use of Linked Sites is subject to the terms and conditions of the third parties operating and providing them. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Linked Sites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

7.3. You are not permitted to frame the Website or its Content on any other website, or to link to our Website, any page of it and/or to the Content, without our prior written consent.

8.1. We work to ensure that the information made available through the Website is accurate and up to date. However, we are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website 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 more timely sources of information. Any reliance on the material on this Website is at your own risk.

8.2. This Website 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 Contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.

8.3. The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the User's viewing device or display could affect the accuracy of the colors of products portrayed.

8.4. Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order).

8.5. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

8.6. This Website, its Content and Services are provided free of charge on an “as-is” and “as available” basis. Although we make all reasonable efforts to ensure that the Website is accessible at all times (except during maintenance) and secure we exclude, all warranties or guarantees in connection with this Website, its Content or Services, to the extent permitted by law. By way of example, we do not guarantee that the Website will always be available, without interruption or errors in functioning, or that it will be safe from malicious programs (such as viruses, bugs, malware or similar), or that it is suitable for any particular purposes, and expressly declines and such warranties.

9.1. We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.

9.2. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

9.3. You agree that from time to time we may remove any of the Services for indefinite periods of time or cancel any of the Services at any time, without notice to you.

9.4. You expressly agree that your use of, or inability to use, the Services is at your sole risk. The service and all products and services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

9.5. To the maximum extent permitted by law, you also undertake that you will not claim any possible compensation from us, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors, in any form, including but not limited to:
(i) losses and damages not caused by our breach;
(ii) indirect losses and damages;
(iii) losses or damages arising out or resulting from the use of the Website, the Services, the Content, any Linked Site or the inability to use the same, or in connection with any failure of performance, delay in operation and transmission, interruption, error, omission, virus or Website failure;
(iv) losses or damages which you may incur, including without limitation as a result of:
o your failure to safeguard your Account Details,
o any reliance placed by you on the accuracy and completeness of the Website, the Content or the Submission, or
o any changes we may make to the Website, the Services and the Content, or
o any temporary interruption or permanent cessation in the provision of the Services and Content;
(v) failure to meet any of our obligations under these ToU where such failure is due to a Force Majeure Event.
For the purpose of this clause Force Majeure Event shall mean an event or change of circumstance beyond the control of and not caused by the Maurice Lacroix, whether foreseeable or unforeseeable, including, but not limited to, State or governmental action, riots, disturbance, war, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, epidemics, pandemics (including the Covid-19 pandemic), fire, flood, hurricane, typhoon, earthquake, lightning and explosion or other similar event or condition.

9.6. To the maximum extent permitted by law, in no case shall Maurice Lacroix, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website and/or any of the service or any products procured using the Services, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of the service or any Content (or product) posted, transmitted, or otherwise made available via the Services or the Website, even if advised of their possibility.

9.7. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

9.8. Nothing in these ToU limits or excludes our liability for (i) death and personal injury caused by our negligence; (ii) for fraud, fraudulent misrepresentation and gross negligence or (iii) for any other liability which cannot be limited or excluded by applicable law.

10.1. To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Maurice Lacroix and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (i) your breach of these ToU or the documents they incorporate by reference; and/ or (ii) any breach of your representations and warranties under these ToU; and/or (iii) any Submissions you made during Services’ transmissions; and/or (iv) your violation of any law or the rights of a third-party.

10.2. We reserve the right to assume and delegate the exclusive defence and control of any claims, demands, and actions arising in connection with this indemnity and you agree to cooperate with us and our designees in the defence of these claims, demands and actions.

11.1. In the event that any provision of these ToU is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these ToU, such determination shall not affect the validity and enforceability of any other remaining provisions.

12.1. The failure of us to exercise or enforce any right or provision of these ToU shall not constitute a waiver of such right or provision.

12.2. These ToU and any policies or operating rules posted by us on this Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the ToU).

12.3. Any ambiguities in the interpretation of these ToU shall not be construed against the drafting party.

13.1. These ToU and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with substantive laws of Switzerland (without regard to its conflict of law provisions), except otherwise provided under mandatory local legislation of your place of residence.

13.2. All disputes arising out of or relating to these ToU or any non-contractual obligations arising out of or relating to the ToU shall be submitted to the exclusive jurisdiction of the courts of Zurich, Switzerland or the jurisdiction of the courts of your place of residence, if so provided under the applicable law.

14.1. If you have any questions about these ToU, the Website or the Services, you can contact us in one of the following ways:

By post at: Maurice Lacroix, branch of Medinova AG, Rue des Rangiers 21, CH-2350 Saignelégier, Switzerland

By email at: info@mauricelacroix.com

You may also go to the Contact Us page on the Website to leave a message, we will reply to you via email.