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Terms and Conditions

Use of Site

Accessing, browsing or otherwise using the site indicates your agreement to all the Terms and Conditions in this agreement, so please read this agreement carefully before proceeding. If you do not agree to any of these terms, then please do not access or use the adidas Watches website.

These Terms of Use apply to all users of the adidas Watches website, including users who also may be contributors of text, content, information, and other materials or services on the Website.

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of interacting with adidas Watches site content and shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

You understand that when using the adidas Watches website, you will be exposed to User Submissions from a variety of sources, and that Nixon is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Nixon with respect thereto, and agree to indemnify and hold Nixon, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

The adidas Watches website may contain links to third party websites that are not owned or controlled by Nixon. Nixon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Nixon will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly waive Nixon from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the adidas Watches website, to read the terms and conditions and privacy policy of each other website that you visit.

Intellectual Property

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Nixon or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Nixon or its affiliates. All software used on this Site (the "Software") is the property of Nixon, its affiliates or its Software suppliers. Brand logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Nixon, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

Privacy Policy

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices.

International Access

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.

Ability to accept terms of use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Applicable Law

This site is created and controlled by Nixon in the State of California, USA. As such, the laws of the State of California will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.

Terms and conditions of sale

These Terms and Conditions of Sale apply to the purchase in Europe of adidas Watches branded products made by Nixon on the European website adidaswatches.com. Nixon Europe SARL (referred to hereinafter as “the Seller”) is a French company with a share capital of 13 660 000 EUR, whose French branch is based in Soorts Hossegor (40150), 185 Avenue de Pascouaou, registered on the Registry of Trade and Companies of Dax under number 431 951 425, whose intra-community VAT number is GB 152 1447 37, the Siret number is 431 951 425 00047, the telephone number is +33 (0)5 58 43 59 17, represented by Mrs PERTL Laura.

Article 1 – Object

The object of this agreement is to define the terms of sale of adidas Watches sold on the website adidaswatches.com (referred to hereinafter as “the Website”) between Nixon Europe, the Seller, and any person aged over 18 and/or having the capacity to enter into a contract (referred to hereafter as “the Customer”) and wishing to make a purchase for his/her strictly personal reasons, excluding any professional or commercial purpose (referred to hereinafter as “the Parties”). It is expressly agreed between the Parties that the Terms and Conditions of Sale in effect on the date of purchase and accepted by the Customer govern their dealings exclusively. If a particular matter is not provided for in these Terms and Conditions of Sale, current practices in the sector of distance selling involving companies with their head office in France will be applied. This agreement is available in French, English, German, Spanish and Italian. The Parties agree that in the event of contradiction between the different language versions, the French version will prevail.

Article 2 – Details of products
2.1. Description of products

Products available for sale on the Website are represented by high quality photographs and accompanied with a description of their key features. Products are described and presented as accurately as possible. However, given the computer technology used, products delivered may sometimes have minimal differences compared to the photographs on the Website, particularly differences in colour.

2.2. Prices
Prices

Prices are indicated in Euros (€), Pounds Sterling (£), Swiss Francs (CHF), Swedish Krona (SEK) and Danish Krona (DKK) including taxes. Prices include Value Added Tax (VAT) applicable as of the date of the order in the country where the Customer is based and where the order is delivered. The Seller is free to change the sale price of its products at any time. However, the prices indicated at the time of purchase are the prices applicable to this purchase and cannot be modified once the Customer’s order has been confirmed. The price of products does not include delivery costs of the order which remain payable by the Customer, the amount of which will be indicated when checking the ‘cart’ as well as on the order before it is confirmed. By confirming an order, the Customer agrees to pay the full price previously indicated. In the case of an obvious error in the price of a product, the Seller reserves the right to cancel the purchase of this product, at no charge for the Customer.

Shipping costs

The exact amount of shipping costs depends on the country to which the order is shipped. For more details on the shipping costs per country, the Customer is asked to refer to the «shipping policy» section of the Website. The total price indicated on the final screen of the payment process and in the confirmation of receipt of the order includes taxes and shipping costs.

Article 3 - Order
3.1 – Placing orders

The Customer has to complete different stages to place an order on the Website:

Select products
Add products to cart
Check/Change order
Select delivery and billing options
Read and accept the Terms and Conditions
Pay
Confirm order
Receive an order confirmation*

*The Seller can put an order on hold for fraud management purposes. The customer will be informed of any change in the order status within a maximum of one working day.

The Customer can make changes to his/her cart prior to final confirmation. Once the Customer checks the required box and clicks on “Complete Order” at the end of the ordering process, he/she is bound by the order and accepts the adidas Watches terms and conditions of sale. Once the order is recorded, a confirmation message will be automatically displayed on the Website, indicating the order number and details of the products purchased. After receiving the order, the Seller will e-mail the Customer a detailed acknowledgement of receipt for his/her order indicating the products ordered and the amount billed (including taxes and shipping costs). By issuing this receipt, the Seller accepts the order placed by the Customer. By placing an order, the Customer accepts the prices and descriptions of products purchased as well as the Terms and Conditions of Sale in effect on the date of the order. For any exceptional orders (due to quantities ordered or delivery address in particular), the Customer must contact the Customer Service.

3.2 – Prior acceptance of Terms and Conditions of Sale

Prior to ordering anything from the Website, the Customer is required to read the Terms and Condition of Sale. By clicking on the “Complete Order” button the Client agrees to our Terms and Conditions of Sale. The Customer can save and print the Terms and Conditions of Sale in effect on the date of his/her order via the acceptance window or using the “Terms and Conditions” section of the Website. These Terms and Conditions of Sale can be changed at any time. However, the Terms and Conditions of Sale applicable to an order are those in effect on the date this order is placed.

3.3 – Refusal or freezing of order by Seller

In the case of a difficulty or dispute on a previous order, the Seller reserves the right to freeze the Customer’s order until the problem is resolved.

The Seller can also refuse or cancel an order in the following situations:

the Customer’s bank details are unusable (incorrect or non-verifiable),
the payment has been refused by the Customer’s bank or was not made in the set time,
the delivery address provided by the Customer is incorrect or does not exist,
the Customer is presumed not to have the capacity to contract or not to be ordering for his/her strictly person purposes,
the price indicated was clearly incorrect,
the order is identified by security systems as being unusual or fraudulent,
the Customer has violated these Terms and Conditions of Sale,
or for any other legitimate reason.

The Seller can then carry out some additional checks and ask the Customer for the documents or information required to fulfil the order. The Seller cannot be held liable for any damages or costs incurred following this refusal or freezing of an order.

3.4 – Availability of products

Orders are only honoured if stock is available. Products offered and prices are valid when they are visible on the Website at the time the Customer is placing an order, according to available stock. If a product is not available after the Customer places an order, the Seller will inform the Customer by e-mail as soon as possible. The amount of the order will be recalculated and the Customer will be reimbursed for the value of the products not available or the whole of the amount of the order if it is completely unavailable, at the latest within 14 days after the Customer has placed the order. If the Seller cancels the order due to the unavailability of the products, the Customer is not entitled to any compensation. However, if a product is unavailable, the Seller can supply a product of an equivalent quality and price if the Customer agrees. The return costs resulting from exercising the right of withdrawal related to the substituted product are, in this case, paid by the Seller.

Article 4 – Payment
4.1 - Currency

For the countries of the European Union to which the Seller agrees to deliver the products, orders are payable in Euros (€), Pounds Sterling (£), Swiss Francs (CHF), Swedish Krona (SEK) and Danish Krone (DKK). If the local currency of the Customer differs from the currency in which the prices appear on the Website, the Customer’s bank will apply the exchange rate in effect on the date of the order (unless a different rate is applied on a discretionary basis by the Customer’s bank). Consequently, changing the country of delivery can change the price of the products given the change in currency.

4.2 – Terms of payment

The customer can pay for his/her orders on the secure payment server by Visa card, Mastercard or American Express card indicating his/her card number, expiry date and the last three figures on the back of the card. The customer’s account is debited as soon as he/she places the order. The customer can also pay for his/her orders with PayPal.

4.3 – Protection of payments

The Seller has set up a process for the protection of transactions with a view to ensuring the security, integrity and confidentiality of payments made on its Website. Credit card numbers are not stored in the Seller’s systems. When purchasing, the bank details and payment details of the Customer are encrypted using the SSL protocol (Secure Socket Layer) from when they are entered by the Customer until the end of the transaction. None of the Customer’s bank information goes through the Website or is recorded on a public server or on the Seller’s servers. The Customer’s bank details will therefore be requested again for each new order on the Website. However, the Seller cannot be held liable for damages resulting from events outside its control related to the use of electronic means of communication (failure or delay in the transmission of electronic communications/data, interception or manipulation of electronic communications by third parties and/or computer viruses).

4.4 – Reservation of title

The Seller reserves title to the products until it has received payment in full for the products.

4.5 - Promotional codes

With discount deals (promotional codes, discount vouchers, etc), the Customer is eligible for an exceptional discount on the purchase of a single product or on an order for several products during the period of validity. These discount deals are only valid during the period of validity and are limited to the number of products and stocks available indicated on the deal concerned. Discount deals are personal, not transferable to a third party in any way whatsoever and can only be used for on-line purchases on the Website. Discount deals cannot be combined nor can they be combined with another special offer or promotion, unless stated otherwise in the deal. Discounts cannot under any circumstance be exchanged for cash. Discounts are deducted from the amount including tax of the product concerned or the order, excluding delivery costs which are paid by the Customer.

Article 5 – Shipping and Delivery
5.1 – Delivery territory

Orders can be delivered in the countries listed below. If the Customer requires delivery to a territory other than those listed, he/she can contact Customer Service. However, the Seller can only meet this request if it is technically possible and the Customer agrees to bear all the resulting costs which will have been indicated by the Seller in advance.

We offer express and standard shipping to the following countries:

ZONE 1*:	Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom.
ZONE 2:	Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Romania, Slovakia, Slovenia.
ZONE 3:	Andorra, Iceland, Norway, Switzerland.

*Excludes Åland Islands, Azores, Canary Islands, DHL Packstation, DOM-TOM (Martinique / Guadeloupe / Guyana / Réunion / Mayotte / French Polynesia / St Barthelemy / St. Martin / Saint Pierre and Miquelon / Wallis and Futuna / New Caledonia), Faroe Islands, Greenland, Guernsey and Jersey (The Channel Islands), Hong Kong.

5.2 - Shipping rates and delays

From Monday to Friday, orders confirmed before 4 p.m. (CET) are handled during that day. If you have confirmed your order after the deadlines indicated above, it will be handled on the first working day after the date of the order. If your order is confirmed on Saturdays, Sundays or public holidays in France, it is going to be handled on the Monday or first working day after. Please note that the delivery times are expressed in working days and vary according to the destination (working days are days actually worked in the company, which excludes Saturdays, Sundays and public holidays). Delivery delays are estimated once parcels have been dispatched from our warehouse. If the delivery time indicated by the Seller when placing the order is not respected, the Customer can cancel his/her order. When the order is cancelled, the Seller reimburses the Customer immediately and, in any case, no later than within 7 days after the termination of the contract, for any sums paid in accordance with the contract. The standard shipping method applies for all free deliveries unless indicated otherwise on adidaswatches.com.


	STANDARD (2/3d)*	EXPRESS (1/2d)*

ZONE 1	Free	5.95€, 4.95£, 39DKK, 49SEK

ZONE 2	Free	6.95€

ZONE 3	9.95€, 14.95CHF / Orders >100€/CHF Free	13.95€, 19.95CHF

5.3 – Terms of delivery

The Seller has appointed different carriers to transport products ordered. The Customer must sign the delivery note issued to him/her by the carrier on delivery. If it is not possible to deliver the order to the Customer (Customer not in, address wrong or cannot be found, Customer has not provided necessary entry codes, inability to access delivery address, etc.) the carrier leaves to the Customer a note stating that he attempted to deliver the parcel and indicating the procedure to retrieve the parcel. Moreoften, carriers attempt to deliver the parcel 2 or 3 more times at the delivery address and/or indicate the closest depot to the delivery address from which the parcel may be picked up. If the delivery is still impossible, the parcel is returned to the Seller and kept by him for 30 calendar days at the Customer’s disposal. Partial deliveries can be made if, for example (but not only in this case), certain products are unavailable. In this case, the Seller will inform the Customer by e-mail to the address provided to it when ordering. The Seller will propose a new delivery time for the products that are unavailable and the Customer will be free to accept this or not. The Seller will bear the additional shipping costs which will not be billed to the Customer. If the Customer refuses the new delivery date, the Seller will reimburse the Customer for the products not delivered at the latest within 7 days after receipt of the Customer’s written refusal.

5.4 – Inspection on delivery

On delivery, the Customer shall inspect the products and packaging to check whether the products are damaged or not. If the products are damaged, the Customer shall refuse the delivery and the Seller will reimburse him/her for the full price of the damaged products as well as the delivery costs within 7 days after the Seller has received the damaged products and recorded their return.

5.5 – Transfer of risks

The risk of loss or damage of products ordered is transferred to the Customer when he/she, or a third party designated by him/her, takes physical possession of the products ordered. However, the risks are transferred to the Customer at the time of delivery (on the agreed date) if the Customer, or a third party appointed by him/her, clearly does not take the reasonable measures necessary to take physical possession of the products ordered.

5.6 – Tracking of order

When ordering, the Customer is given an order tracking number. With this number, the Customer can obtain information about the progress of the delivery of the order via the website of the carrier nominated by the Seller, in the section for tracking parcels. The Customer is given the address of the carrier’s website in the order confirmation e-mail. The Customer can also contact the Customer Service if he/she has any questions relating to the tracking of his/her order.

Article 6 – Right of withdrawal

The Customer has a period of 30 days from the date on which he/she takes physical possession of the product(s) ordered on adidaswatches.com to return the product(s) free of charge. Returns from Andorra, Iceland or Switzerland are not free. The returned product(s) have to be sent at the latest on the 30th day after which he/she took physical possession of the product(s) ordered on adidaswatches.com. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. All product(s) have to be securely enclosed in a package as Nixon cannot accept damaged product(s). The returned product(s) have to be intact and complete, not stained or dirty and must not have been washed or worn, and in the original undamaged packaging. Rejected returns will be sent back to the customer. In the case of partial deliveries (several products ordered at the same time by the Customer and delivered separately), the withdrawal period starts from the delivery of the last product ordered. When the product consists of batches or several items, the withdrawal period starts from the delivery of the last batch or last item. The right of withdrawal is not applicable to sensitive products from a hygiene point of view, such as underwear, swimsuits, earrings, piercing, etc. when the Customer has removed the protection or opened the packaging. The Customer informs the Seller of his/her decision to return the products before the end of the withdrawal period by sending the products back to the Seller along with the withdrawal form attached to the delivery note. The sending of either the withdrawal form or the products before the expiry of the withdrawal period must be provable (for example in the form of a postal receipt). Concerning items on sale or on free promotion, the Customer has a period of 14 days to return the products after the day on which he informed the Seller. The Seller will reimburse the Customer for the full price of the products returned, including the delivery costs (standard mode), using the payment method utilized to place the order as soon as possible and at the latest within 14 days after the date on which the Seller received the Customer’s withdrawal notice and the product(s). The period begins when the Seller receives the notice of withdrawal or the products. In general, for the computation of time, the day of receipt of the notice of withdrawal or the products shall not be counted as part of the period. If the last day of this period falls on a public holiday, a Saturday or a Sunday, the period shall end on the first working day thereafter. However, reimbursement will only be made when the products returned have been received by the Seller.

Return Process :

Pack all product(s)* that you wish to return in a box.

Attach the prepaid shipping label to the parcel and call DHL (${UPSphone}**) to schedule the pick up of your return.

We send you an email once the parcel has been received at our warehouse. You will receive a second email confirming your refund once it has been processed.

If you are returning product(s) from Andorra, Iceland or Switzerland, simply send the parcel and 3 hard copies of your invoice in a plastic sleeve attached to the outside of the box to: Tigers - Nixon Returns, Shannonweg 64, 3197 LH Rotterdam, Netherlands For security and peace of mind, Nixon strongly suggests sending insured registered post as we are not liable for loss of returned parcels.

*Any product that is returned without the promotional item(s) included with the original transaction (gift with purchase) will have the initial value of the promotional item deducted from the refund amount..

**Call charges may apply.

Article 7 – Conformity guarantee and guarantee for hidden defects

The products are covered by a conformity guarantee and a guarantee for hidden defects, enabling the Customer to return defective products or products that are not as ordered. The Customer has a period of 2 years from the effective delivery of the product to make a claim under the conformity guarantee. To this end, the Customer informs the Seller that the product is not as ordered within a period of 2 months from the date this is noted. Unless proved otherwise, any problem that appears within 6 months after delivery to the Customer is presumed to exist at the time of delivery; after this time, the Customer must provide proof that the problem existed on the date of delivery of the product concerned. In such circumstances, the Customer can claim the repair or replacement of the product, or, if this proves impossible or disproportionate for the Seller (for example, if the costs are excessive compared to a reduction of price or cancellation of the contract), the Customer can obtain an appropriate reduction of the price and keep the product concerned, or get a full refund with the return of the product concerned to the Seller (cancelling the order is not possible in the case of a minor problem). The Customer also has a means of redress for hidden defects (articles 1641 to 1649 of the French civil code) allowing him/her to either return the defective product and get a refund, or keep it and be reimbursed for part of the price. This action must be brought by the Customer within a period of 2 years from the discovery of the defect. The Customer can make claims by contacting the Customer Service and/or by sending the products back to the Seller along with the form attached to the delivery note. In all cases, if the Customer’s claim is justified and achievable, the Seller will, if applicable, repair or replace the product concerned for free, offer an appropriate reduction of the price or reimburse the Customer for the full purchase price of the product concerned as well as the delivery and return costs. Reimbursements are paid using the payment method utilised to place the order as soon as possible and no later than within 14 days after the date on which the seller received the claim from the Customer and the product. However, reimbursement will only be made when the product returned has been received by the Seller. If the Customer’s claim is not justified, the Seller will inform the Customer of the reasons for its refusal and, as chosen by the Customer, the product will be made available in the Seller’s warehouse or shipped to the address indicated by the Customer, at the Customer’s cost, within 30 calendar days after receipt by the Seller of the product returned by the Customer.

Article 8 – Commercial guarantees

When a product is covered by a commercial guarantee, terms of this special guarantee are set out directly in the description of the product concerned. Commercial guarantees do not deprive the Customer from his/her rights resulting from the conformity and hidden defects guarantees mentioned above or any other action of a contractual or extra-contractual nature which he/she is recognized to have by law.

Article L 211-4 of the French consumer code

The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefore or had it carried out under his responsibility.

Article L 211-5 of the French consumer code

To conform to the contract, the product must:

1. Be suitable for the purpose usually associated with such a product and, if applicable:

correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;

2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.

Article L 211-12 of the French consumer code

Action resulting from lack of conformity lapses two years after delivery of the product.

Article 1641 of the French civil code
A seller is bound to a warranty on account of the latent defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lesser price for it, had he known of them.

Article 1648 al 1 of the French civil code

The action resulting from redhibitory vices must be brought by the buyer within a period of two years following the discovery of the vice.

Article 9 – Customer Service

For any question related to orders made on the Website, the Customer can contact the Customer Service team

By phone from Monday to Thursday, 8:00am - 5:00pm PST and Friday 9:00am - 5:00pm PST at (833) 339-0272

By e-mail at : adidas-us@adidaswatches.com (response within 2 working days)

By post - response within 4 working days (+ delivery time by Post) – at :

Attention Customer Service Adidas Watches
185 Avenue de Pascouaou
40150 Soorts-Hossegor Cedex
France

Article 10 – Personal data

Customers’ data are collected and processed by Nixon Europe on behalf of Nixon Inc. via its server in the USA. The Customer can refer to the «Privacy Policy» section of adidaswatches.com to have details about the Privacy Policy and to be informed of the use of his/her data and the way they are collected and secured. Customers’ data are communicated to the Seller only to process their orders in Europe. These data are strictly confidential and intended for the Seller only and companies nominated by it to perform the contract of sale. It is handled strictly in accordance with the provisions of the data protection act in France (law n°78-17 of January 6th 1978 modified). In accordance with this act, the Customer has a right to access, correct, amend and remove information held about him/her. The Customer can exercise his/her right at any time by contacting the Customer Service indicating his/her name, address and e-mail address or by writing directly at:

Attention Customer Service adidas Watches
Nixon Europe
185 Avenue de Pascouaou
40150 Soorts Hossegor
France

The Customer is informed that this automated processing of information had been declared to the CNIL (French data protection authority) under the number 1628368 v 0 dated 2012-11-06. The Seller reserves the right to contact the Customers to confirm their personal data. However, to preserve the confidentiality and security of Customers’ personal data, the Seller does not directly solicit the confirmation of the complete bank details. The Seller may, in cases of suspected fraud to the credit card, ask the Customer a colour photocopy or a scan of his/her passport or identity card and a colour photocopy of the front of his/her card banking by masking the first 12 digits of card number. If the Customer does not wish to disclose these documents, he/she may cancel his/her order without charge.

Article 11 – Proof and archiving of transactions

The Customer and the Seller agree that any digital element exchanged between them (data, information, files, dates and times of logging onto website, etc) constitute admissible, valid, useable and probative proof. The Seller stores electronic documents relating to orders for a period of 10 years from the order being placed. Archives are kept on a reliable and durable medium in accordance with the current law. The Customer can request access to and/or a copy of the archived documents at any time by contacting the Customer Service.

Article 12 – Liability

The Seller accepts its liability for damages caused to the Customer following the violation by the Seller of its legal or contractual obligations. On the other hand, the Seller’s liability cannot be incurred in the case of non-fulfilment of its legal or contractual obligations attributable either to an unforeseeable and insurmountable act on the part of a third party to the contract, or to a case of force majeure as defined by French case law, or due to the act or fault of the Customer. Similarly, the Seller’s liability cannot be incurred for any inconvenience or damage related to the use of the Internet, in particular an interruption in the availability of the Website, a break in service, an outside intrusion or the presence of computer viruses, damages or alterations of data or files or for any indirect damage, whatever the causes and consequences. The Website may contain links to third party websites not published or controlled by the Seller which therefore declines all liability as to their content and as to the relations the Customer might enter into with these third party websites.

Article 13 – Entirety and validity of Terms and Conditions of Sale

If one of the clauses of this contract becomes null and void due to a change in regulations or a legal decision, this would not in any case affect the validity and respect of the other provisions of these Terms and Conditions of Sale. The Terms and Conditions of Sale applicable are those in effect on the date of the sale.

Article 14 – Applicable law and jurisdiction

Subject to more favourable public policy provisions of the law of the country in which the Customer has his/her usual residence, these Terms and Conditions of Sale as well as relations and/or disputes resulting from sales on the Website are governed by French law. In the case of a dispute that cannot be resolved amicably, the Customer can choose to bring an action before the courts of the country where the Seller is based or before the courts of the country where he/she is resident.

Version 01.02.2018

Privacy Statement & Policy

GLOBAL PRIVACY STATEMENT AND POLICY

WHAT TYPES OF DATA DO WE COLLECT?

Personal Information

Nixon may collect Data in a variety of ways, such as when You provide it to Us: (a) through Our Sites or social media channels, (b) in Our retail stores, (c) via telephone, e-mail or text message; (e) at Our events; (f) by signing up to receive the Nixon Newsletter; or (g) through the use of Our “smart” wearable devices. The types of personal information we may collect through these means include:

Your name, date of birth, billing and shipping addresses, e-mail addresses, and telephone numbers.
Your username and password used on Our Sites
The content of any e-mail messages, text messages, or posts on social media sent by You to Us, together with any resulting correspondence with You (for additional information on this please see Section 8 below).
Your customer service information, such as repair history, inquiries and comments.
Your purchase and transaction history with Us.

Signing Up as Member on Nixon Sites.

If You sign up as a Nixon.com (or other related Site) member, and You expressly opt-in to receive personalized communications by email, We will use Your personal information to create a user profile. In this context, We may combine the information You give Us online with other information from Nixon sources, transactions and communications collected or processed by Nixon or its third-party partners. This may include Data from the Nixon Sites, store locations, or Nixon licensee affiliate sites. Once You become a Nixon.com member, the personal information actively submitted by You will be registered in the central Nixon database in the United States. If You publicly post about Nixon, or communicate directly with Nixon, on a social media website, We may collect and process the Data contained in such posts or in Your public profile for the purpose of addressing any customer services requests You may have and to monitor public opinion about Nixon.

Anonymous Data

Through Your use of Our Sites, We may also gather certain Data that does not identify You personally (“Anonymous Data”). We collect and store Anonymous Data automatically whenever you interact with Our Sites. For example, We collect your IP address, and location and browser information every time You visit Our Sites. We also collect Data regarding customer traffic patterns and Site usage. This Data is used to analyze and improve Our Sites to give You the best Nixon online experience possible. For more information on the collection of Anonymous Data by visiting Our Sites, please see the “Use of Cookies” section below.

HOW DO WE COLLECT DATA?

USE OF COOKIES

Cookies help personalize Your experience on Our Sites, help Us remember the webpages You have visited, measure the effectiveness of marketing initiatives, and identify and resolve website errors. The only personal data a cookie can contain is data You supply yourself. Cookies cannot harm Your computer and We do not store personally identifiable information such as credit card details. We may use information gathered from cookies to help improve Your experience on Our Sites, for instance remembering delivery addresses to save You time when placing repeat orders. Generally, cookies work by assigning a unique number to the user that has no meaning outside the assigning site. A cookie cannot read data off Your hard disk or read cookie files created by other sites. This random number lets Us keep track of consumer behavior without knowing who those customers are. We do have relationships with selected suppliers who may also set cookies during Your visit to be used for remarketing purposes. Nixon cannot control the use of cookies or the resulting information by advertisers or third-parties hosting data for Us. Most web browsers have cookies enabled automatically. However, You may disable cookies as described immediately below.

How can I disable cookies?

If You do not want information collected through the use of cookies, most browsers allow You to enable or disable the cookie feature. Please refer to your browser’s help section for specific instructions on how to manage cookies. Because cookies are used throughout Our Sites, disabling them may prevent You from using certain parts of the Site. To learn more about cookies, visit http://www.allaboutcookies.org/.

Cookies and citizens of the EU

The European Union Directive 2009/136/EC, amending Directive 2002/58/EC on Privacy and Electronic Communications (otherwise known as the e-Privacy or Cookie Directive), and laws in EU countries implementing such directive, may require user consent before a site may place cookies and other similar technologies on Your browser or to use such technologies to access information on Your browser. Where required, We provide notice to You of Our cookie practices upon visiting Our Sites, and by using Our Sites You agree to the use of cookies in Europe, as detailed immediately below.

Types of Cookies Used By Nixon:

Session cookies
These cookies are temporary and expire once You leave the Site. Examples of Session cookies’ functions are to identify a specific language/locale, initially based on the geography, but then by user choice, and to enable You to browse Our Sites and use their features (e.g., add items to Shopping Cart).
Permanent cookies
These cookies may stay on Your computer long after an individual Site session has ended and may hold such data as login details, contact information and account numbers so that You do not have to re-type them everytime You visit Our Sites.
First-party cookies
These are cookies issued from the website You have actually access (e.g., Nixon.com). They serve to give memory to the website abou Your data and preferences
Third-Party Cookies.
There are several third-party cookies that get loaded when using Our Sites. Cookies from Twitter, Google, Adroll and Facebook are the primary cookies that load. Other third-party cookies may include other advertising tracking and interest-based advertising, and web analytics cookies.

WHY DO WE COLLECT, AND HOW DO WE USE, THE DATA?

SHARING DATA WITH THIRD PARTIES

RETENTION, SECURITY, AND TRANSFER OF DATA

ACCESS TO YOUR DATA & YOUR RIGHT TO OPT-OUT

Access and Corrections To Your Data

We believe it is important to provide consumers with clear information about the Data available in Our databases. If Your Personal Data changes, or if You no longer wish Us to store and use Your Data, You may correct, delete or ask to have Your information removed by contacting Us support@nixon.com or by visiting www.nixon.com/contactus.html.

Opting-Out

We maintain contact lists to communicate electronically or otherwise with Our customers and those who visit Our Sites. Individuals must affirmatively ask to join one or more of Our contact lists by registering on Our Sites or through other means. All messages sent using these lists include an opportunity to unsubscribe or opt-out of future messages. You may also request to be removed from future messages by contacting Us at support@nixon.com or by visiting www.nixon.com/contactus.html.

You can also opt-out of relevant advertising through the following means:

U.S. Visitors
You may visit the Network Advertising Initiative (“NAI”) to learn more about its program and to opt out of the Interest-Based Advertising delivered by NAI members on web pages using cookies by visiting: http://www.networkadvertising.org/choices/.

We adhere to the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Principles. You can visit the DAA to learn more about its program and to "opt out" of the online behavioral advertising delivered by its participants on web pages using cookies by visiting: http://www.aboutads.info/.
European Union Visitors
We support the European Digital Advertising Alliance’s (“EDAA”) Self-Regulatory Principles. You can visit the EDAA to learn more about its program and opt out of the online behavioral advertising delivered by its participants on web pages using cookies by visiting: http://www.youronlinechoices.eu.
Canadian Visitors
We support the Digital Advertising Alliance of Canada’s (“DAAC”) Self-Regulatory Principles. You can visit the DAAC to learn more about its program and opt out of the online behavioral advertising delivered by its participants on web pages using cookies by visiting: http://youradchoices.ca/choices/.

Please note that these opt-outs operate by placing a cookie on Your device that is unique to the browser You use to opt out. If you change browsers or computers, or delete the cookies on Your computer, You will need to opt out again.
Mobile Opt-Out
You can learn more about how to opt-out of the use of information for relevant advertising on Your mobile application device, such as Apple iOS, by visiting this page: http://www.networkadvertising.org/mobile-choices.
“Do Not Track” Feature on Web Browsers.
Some browsers have a “do not track” feature that lets You tell websites that You do not want to have Your online activities tracked. These features are not yet uniform. Please refer to Your browsers documentation for more information.

SENSITIVE INFO / USE OF OUR SITES BY CHILDREN

USER CONTENT SUBMISSION TERMS

The following terms and conditions (hereafter “Terms”) govern any and all Submissions (as defined herein) of User Content (as defined herein). You acknowledge that You shall be solely responsible for any information, profiles, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) that You submit, upload, post or otherwise provide or make available to Us or Our vendors, on or through Our Site or otherwise (“Submission(s)”), including User Content You agree to allow the use of that is on third party companies’ websites, for example Instagram, Twitter, Facebook, Pinterest and Google+, that are associated with hashtags related to Nixon, including, for example, #Nixon. Nixon expressly disclaims any and all liability in connection with Submissions. Such Submissions may be used on the Site and/or on other Nixon marketing materials, including emails, social media and store signage. By making a Submission, You represent and warrant that You are at least eighteen (18) years old and that You have read, understand and agree to be bound by these Terms. If Your Submission is selected by Nixon to be used, it may be displayed for other users to see, together with Your name and associated Instagram, Twitter, Facebook (if applicable) profile information (such as your handle and profile picture). You acknowledge and agree that Nixon is under no obligation to display, feature or use any Submission, but We may do so at Our sole discretion.

Any Submission will be treated as non-confidential. Any Submission also will be treated as non-proprietary, except as specifically set forth herein. By making a Submission, You hereby grant, and You represent and warrant that You have the right to grant, to Nixon, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works of, distribute, perform and display any Submission, as well as Your name, Instagram, Twitter, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to You. You also acknowledge that Your Submission may not be returned and We may use Your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. For clarity, You retain all of Your ownership rights in your Submissions.

If You make a Submission, You represent and warrant that You own or have the necessary licenses, rights, consents, and permissions to make the Submission and to grant to Nixon the license rights contained in these Terms; that any Submission You make will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless You have the necessary licenses, rights, consents, and permissions from the rightful owner of the material or are otherwise legally entitled to make the Submission and to grant to Nixon the license rights contained in these Terms; and that Your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that Your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which You are subject, including Instagram’s, Twitter’s, Facebook’s, Pinterest’s and Google+’s Terms of Use.

You further represent and warrant that Your Submissions do not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead Us as to the origin of any Submission. You agree to indemnify Nixon, our vendors, and third-parties such as Instagram, LLC, Twitter Inc., Facebook, Inc.,.Pinterest, Inc. and Google Inc. and any of Our or their respective parents, affiliates, licensees, licensors, and each of Our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of Your or any other person’s or entity’s name, Instagram, Twitter, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by You of any of these Terms or applicable laws.

Nixon does not guarantee any confidentiality with respect to Submissions made and such Submissions may be made available to the general public, and may be used by Nixon without restriction. Anyone who submits User Content further irrevocably waives any rights of publicity and privacy, any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that may exist under any applicable law or under any legal theory.

Nixon reserves the right, at its sole discretion, to edit any Submission and to choose to include or not include such Submission on the Site or otherwise use the Submission. You acknowledge and agree that all editorial decisions regarding the use of Your Submission are solely at Nixon’s discretion, and that Nixon may combine, format, configure and otherwise edit your Submission in its sole discretion. You hereby waive any right to inspect or approve Your Submission before it is used. The Site may include the opinions, statements and other content of third parties. Nixon is not responsible for screening, monitoring or verifying such content, including such content’s accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third-parties and not of Nixon, including its licensors and/or vendors, and Nixon does not endorse any such opinions, statements, or materials. Nixon reserves the right to remove Submissions at any time without prior notice.

To the fullest extent permitted by applicable law, You hereby release, hold harmless, and forever discharge Nixon from any and all claims, actions, causes of action, demands, rights, damages, costs, and expenses (collectively, “Claims”) arising out of, related to, or in any way connected with the exercise by Nixon of the rights granted herein, including, without limitation, any and all Claims for invasion of privacy, infringement of Your rights of privacy and/or publicity, infringement of Your intellectual property rights, defamation, or portrayal in a false light. If You are a California resident, You waive Your rights with respect to California Civil Code Section 1542, which provides “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor,” as well as under any statute or common law principle of similar effect which restricts the release of claims which the releasing party does not know or suspect at the time of the release, which if known would have materially affected the decision to agree to release.

You acknowledge and agree that Nixon has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third-party of any Submission.

CHANGES TO POLICY

QUESTIONS ABOUT THE POLICY?

Effective Date: May 8, 2018

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