the end of this document) and review any changes since the last version. If at any time you do not agree to these Terms
of Use, please do not use this Site.
This Web site is operated by Swatch a division of The Swatch Group (US) Inc. ("Swatch").
"us" and "our"
refer to Swatch. Swatch offers this Site, including all information, content, materials, tools, products 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. Your continued use of this Site constitutes your
We respect your privacy. Our Privacy Statement, located at http://store.swatch.com/privacy-policy
, is incorporated into and
as it describes, among other things, how we collect, use, share, transmit, 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, text, design, graphics, logos, icons, images, audio clips,
downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property
of and owned by Swatch, its licensors or its content providers and is protected by copyright, trademark and other
applicable laws. You may access, copy, download and print the material 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 material you access, copy, download or print. Any other use of content on the Site, including but not
limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing,
reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software,
products or services obtained from the Site, or use of the Site for purposes competitive to Swatch or The Swatch Group
(defined below), is expressly prohibited. Swatch 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. Swatch,
or its licensors or content providers, retain full and complete title to the material provided on the Site, including all
associated intellectual property rights, and provide this material to you under a license that is revocable at any time in
Swatch’s sole discretion. Swatch neither warrants nor represents that your use of materials on this Site will not
infringe rights of third parties not affiliated with Swatch.
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; (iv) frame this Site or use The Swatch Group’s proprietary
marks, or any mark, word, term or slogan likely to be confused therewith, as meta tags or anything else, without our
duly authorized prior written consent. These marks include, but are not limited to, BALMAIN, BLANCPAIN, BREQUET,
CERTINA, ENDURA, FILK FLAK, GLASHUTTE, HAMILTON, JAQUET DROZ, LEON HATOT, LONGINES, MIDO, OMEGA,
RADO, SWATCH and UNION GLASHUTTE; (v) use frames or utilize framing techniques or technology to
enclose any content included on the Site; or (vi) utilize any Site content in any meta tags or any other "hidden text"
techniques or technologies.
Swatch reserves the right, in its 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 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 Swatch or The Swatch
Group may be entitled, at law or in equity. Swatch reserves all rights not expressly granted in and to the Site and its
TRADEMARKS AND COPYRIGHT
All Swatch 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 The Swatch Group (US), Inc. or its affiliates or each of its/their respective ultimate
corporate parent (collectively, “The Swatch Group”). Nothing on this Site shall be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the
Site without the owner’s prior written permission, 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 permitted herein) or misuse of the trademarks, copyrights or any other intellectual property of The Swatch
Group is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and
publicity and communications regulations and statutes. Please be advised that The Swatch Group actively and
aggressively enforces its intellectual property rights to the fullest extent of the law.
Swatch prides itself in providing exclusive, quality merchandise. Availability of merchandise may vary at Swatch stores
and on store.swatch.com. Some featured items may be available only in limited quantities or only while supplies last.
Once an item is no longer available or out of stock, we may attempt to, respectively, remove the item promptly from
display on store.swatch.com or list it as “out of stock.” Display of an item on store.swatch.com is not a guarantee that
the item is currently available or in stock or that it will be available on our Site when you visit again. If you are unable
to locate a particular item that caught your attention on a previous visit to our Site or if you have any questions
concerning the availability of a particular item, please contact our Customer Services group via email at
email@example.com or calling 1-866-379-2824 or via snail mail to: THE SWATCH GROUP (U.S.) INC.,
DIVISION SWATCH CUSTOMER SERVICE, 1200 HARBOR BOULEVARD, WEEKHAWKEN, NJ 07086. We will make every
commercially reasonable effort to fulfill your requests whenever possible.
Swatch will make every reasonable effort to display its merchandise on store.swatch.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. Swatch is not responsible for the display of any color, texture or detail of
its merchandise on your computer screen and cannot guarantee the accuracy thereof. However, if you are dissatisfied
with any item you purchase from store.swatch.com, you can return or exchange it to us. For more information
regarding Swatch’s return and exchange policy and procedures, please visit the Customer Service page on our Site.
ORDERS, PROHIBITION ON RESELLING, AND PRICE
The information 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 this Site for resale by you or any other person, and
you may not resell any item purchased from 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.
We truly value your interest in our Online Store. However, please note that store.swatch.com can only ship to the U.S. at
this time. We do, however, encourage our international visitors to stay tuned for updates on our shipping practices and
other Site development.
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 Swatch immediately.
Swatch may assume that any communications Swatch 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 Swatch
receives notice otherwise.
Any comments, suggestions, ideas, materials and other submissions ("User Submissions") that you send, provide or
convey to or on behalf of Swatch are provided on a non-confidential and non-proprietary basis. By submitting User
Submissions, you are granting Swatch and The Swatch Group an irrevocable, royalty-free, perpetual, worldwide, and
fully sub-licensable license to reproduce, publish, modify, adapt, translate, 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 Swatch and The
Swatch Group 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
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 you to 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 you to the Site will be or contain material that is offensive, harmful, unlawful, threatening, libelous,
defamatory, obscene, abusive, hateful, inflammatory, pornographic 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 Swatch websites 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 Swatch or
The Swatch Group 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.
any other reason and in our sole discretion without prior notice.
LINKS TO OTHER WEBSITES
When you access a non-Swatch website, please realize that it is independent of Swatch. Linking to any off-site pages is
at your own risk. Swatch makes no warranties or representations about any non-Swatch 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 Swatch websites. None of such links should be deemed to imply that Swatch endorses such third party
websites or any content therein.
ACCURACY, COMPLETENESS AND TIMELINESS ON INFORMATION ON THIS SITE
We are not responsible if information made available on this Site is not accurate, complete or current. The material 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 material 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
contents of this Site at any time (including after you have submitted your order), but we have no obligation to update
any information on the Site. You agree that it is your sole responsibility to monitor changes to the Site.
You agree to promptly defend, indemnify and hold Swatch and The Swatch Group, 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 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 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 cooperate with the
Indemnified Parties in the defense of such matter.
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SWATCH AND THE SWATCH GROUP 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 SWATCH
OR THE SWATCH GROUP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SWATCH
AND THE SWATCH GROUP 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 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 INFORMATION, PRODUCTS OR SERVICES
ADVERTISED IN OR OBTAINED THROUGH THE SITE, SWATCH’S REMOVAL OR DELETION OF ANY MATERIALS
SUBMITTED OR POSTED ON 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 SWATCH 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
governed, construed and enforced according to the laws of the State of New York, U.S.A., without giving effect to: (i)
New York’s 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
located in New York County, New York, 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 and Conditions is English.
ENTIRE AGREEMENT AND ADMISSIBILITY
understanding between you and Swatch 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.
The waiver of any provision of the Entire Agreement shall not be considered a waiver of any other provision or of
Swatch's or The Swatch Group’s 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
you and you may not transfer, assign or delegate them to anyone without the express written permission of Swatch.
Any attempt by you to assign, transfer or delegate the Entire Agreement without the express written permission of
Swatch will be null and void. Swatch and The Swatch Group have the right to transfer, assign and delegate the Entire
Agreement to one or more third parties without your permission.
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 data, content, materials and information available at
or through the Site.
Last updated November 16, 2011