WEBSITE TERMS OF USE
1.1 These terms of use (the “ Terms of Use ”) together with the documents to which they refer or which are referred to in them, govern your use of the website www.tellus-watches.com and www.maison-tellus.com (the “ Website ”). In these Terms of Use, the terms "TELLUS", "we", "us" and "our", designate our House, namely the company Tellus Watches SAS, a company incorporated under French law with its registered office at 20 rue Fortuny 75017 Paris as well as its affiliates, known as Maison Tellus.
Please read these Terms of Use carefully before you start to use our Website, as they apply to your use of it.
1.2 By using our Website, you signify your unconditional agreement to these Terms of Use, that you will comply with them in all respects and are bound by them. If you do not agree to these Terms of Use, you are not authorized to continue using the Website.
1.3 Our Terms of Use refer to our privacy policy (the " Privacy Policy "), which is available on the Website and also applies to your use of our Website. Our Privacy Policy, which we invite you to read, provides information on how we use your personal data.
Customers purchasing products online or by telephone through TELLUS customer services are subject to the TELLUS general conditions of sale governing the terms of such purchases (the " General Conditions of Sale ") which it is their responsibility to read beforehand. The provisions headed “Limitation of Liability” in Section 7 below do not cover the sale of products online or by telephone. We invite you to refer to the General Conditions of Sale to find out about the exclusions and limitations of liability applicable to online or telephone purchases.
2. UPDATE TO THE TERMS OF USE
TELLUS reserves the right, at any time, to modify these Terms of Use at its sole discretion and without notice. We therefore invite you to consult them regularly in order to stay informed of updates. The latest version of these Terms of Use will always be the one available on the Website and will take effect as soon as it is published on the Website . By continuing to use the Website, you agree to be bound by the terms of such successive updates and modifications.
3. WEBSITE HOSTING
3.1 Our Website hosting services are provided by Shopify International Ltd in Ireland. Mobile applications may be hosted by us or by other companies.
3.2 As mobile applications may be hosted by us or by other companies, please refer to the host's terms of use.
4. USE OF WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
4.1 The Contents of the Website are intended to provide you with information about our House and its products for your personal use only. You may download one copy or print one copy of the materials made available to you on the Website for private or household, non-commercial purposes only, provided that the proprietary notices, including intellectual property notices, such as copyright ©, Trademarks™, are kept intact and are not deleted or altered.
4.2 All marks and slogans which appear on the Site are registered, unregistered or otherwise protected as TELLUS marks or are licensed by third parties for use by TELLUS, and nothing in these Terms of Use or other documents TELLUS shall not be construed as granting any license or right of use without the prior written consent of TELLUS.
4.3 Unless expressly stated otherwise, your use of the Website does not give you any rights to any content on the Website (whether images, photos, including any person depicted in the photos, illustrations, icons, texts and/or documents, video clips, music, etc) (the " Contents ") as well as the general appearance and/or design of the Website, and you must consider that they are protected by the legal provisions around the world and applicable international treaties protecting copyrights, designs and trademarks.
4.4 Any unauthorized use of the Website and/or the Content and in particular, and without limitation, the reproduction for public or commercial purposes, the modification, publication, distribution, transmission, creation of derivative or second-hand works, the representation or communication on any other website or platform, is prohibited. Any unauthorized use of the Website and/or the Content is likely to infringe the laws relating to copyright, intellectual property or the protection of the private sphere.
5. YOUR COMMENTS, SUGGESTIONS AND OTHER CONTRIBUTIONS
This Section 5 covers communications sent to TELLUS, excluding any communication of personal information to TELLUS relating to customer inquiries, use of services or purchase of products by telephone or through the Website which are governed by the rules set out in our Privacy Policy available on the Website.
5.1 Any comments, suggestions, questions, responses, feedback or other contributions, and generally any unsolicited communication or material that you send to TELLUS via the Website, social media, email or otherwise, is and will be treated by TELLUS as non-confidential and non-proprietary.
5.2 . By sending such communications to TELLUS, you automatically grant TELLUS a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display such communications. , alone or as part of other works, in any form, media or technology now known or hereafter developed, and the right to assign such rights to any person.
5.3 Such communications you transmit may be used by TELLUS for any purpose without consideration, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. , or developing, manufacturing and marketing products based on such information and you confirm that you irrevocably waive all "moral rights" in the Contributions to the extent permitted by law.
5.4 By submitting such communications, you also warrant that you are the owner of the material and content in question, that it is not defamatory and that its use by TELLUS will not infringe the rights of any third party or any applicable law. . Nothing herein shall obligate or compel TELLUS to use the Submitted Communications. TELLUS will remain at all times the sole decision maker of whether or not to use said submitted communications without having to justify it.
5.5 In addition, TELLUS enjoys a worldwide reputation for both the design and manufacture of high quality luxury watches, and has its own creative sources for this purpose, including highly skilled designer teams who design and perfect TELLUS creations. Consequently, TELLUS cannot agree or accept to be the recipient of spontaneous proposals for collaboration and it is possible that TELLUS is already working on similar ideas or projects. For this reason, we inform you that TELLUS is not interested in receiving ideas or other proposals relating to creations that you would like to present.
6. DISCLAIMER OF RELIABILITY WARRANTY
6.1 Although TELLUS strives to update the Website regularly and to ensure that the information provided on the Website is accurate and complete, we cannot guarantee, either expressed or implied, that all Content is accurate, exhaustive , reliable, complete or up to date or that the use of the Contents would not infringe the rights of third parties.
6.2 Similarly, although TELLUS endeavors to display accurately on the Website the colour, design, style etc. of its products, slight variations, distortions and/or differences may appear compared to the original product, without TELLUS being held liable in this regard.
6.3 Despite our constant efforts to ensure the security and reliability of our Website, TELLUS makes no warranty of any kind that the Website will be secure or free from bugs or viruses.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.1 TELLUS cannot guarantee either constant access to or uninterrupted operation of the Website and/or its Content (as this term is defined in article 4 below) or that the latter would be error-free, or that any defects will be corrected. We cannot therefore be held liable to you for any temporary or permanent unavailability of our Website.
7.2 The Website and its Content are provided "as is" and "as available", and therefore, within the limits of the applicable legal provisions, TELLUS does not give any express, implicit, legal or other guarantee, including, but without limitation, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose, reasonable care and knowledge, or non-infringement. TELLUS and its suppliers make no warranties with respect to the Content and/or the Website, software, text, download, graphics or link.
Similarly, TELLUS provides, within the limits of the applicable legal provisions, no warranty of any kind, express or implied, on the information, data, data processing services, availability time or uninterrupted access, as well as any warranties as to availability, accuracy, usefulness, content, and any warranties of ownership, non-infringement, merchantability, or fitness for a particular purpose.
7.3 Unless otherwise required by law, TELLUS cannot therefore be held liable for direct or indirect damage, of any nature, cause, origin or consequence whatsoever, resulting from the use of the Content and/or the Site or in connection with the use of such information, or held liable for any loss of use, business interruption, loss of profits or data, regardless of the form of the action, even though TELLUS has been advised of the possibility of occurrence of such damage.
7.4 TELLUS advises that in some jurisdictions consumer protection laws may not allow certain exclusions or limitations of warranties or liability referred to herein and therefore some of the above exclusions and limitations may not apply.
8. TRADEMARKS
8.1 The trademarks, logos and trade names which appear on the Website, and in particular "TELLUS", "Parenthèses", "Brackets", "le temps entre Parenthèses", "time between Brackets" and the TELLUS logo (together the " Tellus Marks ”) are registered, unregistered or otherwise protected marks of TELLUS or are used by third parties under license to TELLUS.
8.2 Other marks are proprietary marks and have been registered by their respective owners. Nothing contained on the Platforms should be construed as granting, either implicitly or explicitly, any license or right to use any trademark without the prior written permission of TELLUS or the third party owner of the trademark.
9. LINKS AND LINKING
9.1 . The Website may contain links to other sites or platforms operated by third parties not affiliated with TELLUS, it being specified that in this case these links are provided for information purposes only. These websites apply their own privacy policies and terms of use, it is your responsibility to read them before accessing them. The inclusion of links to third party sites and/or platforms does not imply endorsement by TELLUS of such sites and/or platforms.
If you choose to click on any link to off-Website pages or to third-party sites, you do so at your own risk. TELLUS has not reviewed the entire content of these linked sites and is not responsible for their content(s), accuracy or function of these other platforms.
9.2 No image from our Website shall appear on any third party site without the express written consent of TELLUS.
9.3 Any link from a third-party site or platform to the Website requires the prior written authorization of TELLUS.
10. TERMINATION AND SUSPENSION
10.1 In the event of your breach of any of the obligations imposed on you hereunder, whether with respect to TELLUS, its affiliated companies or a third party, TELLUS reserves the right to terminate or suspend automatically and with immediate effect your access to the Website, without prejudice to its other rights and without possible recourse on your part in any capacity whatsoever.
10.2 The provisions of articles 6 (“Exclusion of guarantee of reliability”), 7 (“Exclusions of guarantee and limitation of responsibility”) and 11 (“General provisions”) will nevertheless continue to apply and produce their effects after the end of these Terms of Use.
11. GENERAL PROVISIONS
11.1 These Terms of Use and their successive updates, constitute the entire agreement between TELLUS and yourself regarding the use of the Website. They supersede and extinguish all prior agreements, draft agreements, arrangements, undertakings or ancillary contracts entered into by the parties, of whatever nature, whether oral or written, relating to the use of the Website. .
11.2 If one or more stipulations of these Terms of Use are declared invalid or considered as such pursuant to a law, regulation or final decision of a competent jurisdiction, they will be deemed unwritten and the other stipulations will remain in force.
11.3 Failure by TELLUS to enforce its rights under any provision of these Terms of Use or any other right under these Terms of Use shall not (i) in any way affect the validity of these Terms of Use (ii) nor be interpreted or considered as a waiver of its rights to invoke the application of the said provision or of the said right whether for the past or for the future.
12. APPLICABLE LAW
12.1 These Terms of Use are governed and interpreted in accordance with the provisions of French law, except for the application of mandatory provisions of the jurisdiction to which you are subject.
12.2 Any dispute, controversy or claim arising out of or in connection with these Terms of Use, including those relating to their validity, invalidity, breach or termination, shall be subject to the exclusive jurisdiction of the competent courts of the registered office of TELLUS Watches SAS.