Cuervo y Sobrinos Terms & Conditions
Welcome to the public website of Cuervo y Sobrinos. We established this website to provide our services to our customers and these Terms and Conditions shall govern how you use it. when you utilise this Website, we consider that you have acknowledged and agreed to these Terms and Conditions. If you do not agree to them, you may not access or use this Website. These Terms and Conditions may be revised and updated at some point in the future, but no notice will be provided to Website users. All changes to the Terms and Conditions become effective as soon as they are published on the Website, and you will be considered to have agreed to these changes when you use the Website after they are posted.
1. Orders you place on our products and services
The products and services that you access while using this Website are meant for your personal and non-commercial utilization. You may place orders only if you are at least 18 years old. All the prices displayed on this Website are in Swiss Francs, unless stated otherwise. When you make a purchase on this Website, you agree to pay the price indicated for your order either by credit or debit card or other payment methods available on Cuervo y Sobrinos. You also agree to pay all applicable taxes on your orders. In case we do not receive payment from the issuer of either your credit or debit card, you agree to pay all of the amounts due when we ask you to do so. Note that some products or services available on this Website may have additional Terms and Conditions when you purchase them. We reserve the right to either cancel or decrease the quantity of your order, at our discretion and without sending notice, in which case you will only be charged for the quantities that are actually shipped to you.
2. Pricing and information
We strive to be as accurate as possible when it comes to information and prices related to our products, however, we cannot guarantee perfect accuracy of the product descriptions, images, prices, availability, materials, promotions, or any other information or content displayed on our Website. Any order that you place via our Website is not considered to be accepted until we have shipped that order. We retain the right to rectify any inaccuracy or mistake as well as update information and cancel orders if any information regarding our products and services is inaccurate. In case an order that you have been charged for is cancelled, rest assured that we will issue a credit equal to the amount you were charged.
3. Product colours
We do our best to ensure that the colours of any products displayed on our Website are completely accurate in regard to the physical products. That said, we cannot guarantee that the colour displayed on your monitor will be perfectly accurate.
4. Website content and licenses
Cuervo y Sobrinos and/or its licensors own all rights, titles, and interests in and to the Website, including every logo, text, graphic, image, audio, artwork, data, computer code as well as any other material present on the Website. The same applies to the look and feel of the Website and how content is organised on the Website, which includes but is not limited to copyrights, trademarks (see the definition provided in the next section), patent rights, and any other intellectual property rights within the Website. Note that using our Website does not give you ownership over any of the content present on our Website.
In accordance with these Terms and Conditions, Cuervo y Sorbinos gives you a limited and revocable license, which cannot be sublicensed or transferred, to utilise the Website as well as the materials for your personal and non-commercial use.
5. Trademarks owned by Cuervo y Sobrinos
Our Website, as well as the content available on it, displays trademarks, logos, service marks, and trade names that are registered and unregistered Trademarks of Cuervo y Sobrinos. These Trademarks may not be used without authorization of their respective owners. Any Trademark that is displayed on our Website or via it services and that is not the property of Cuervo y Sobrinos is the property of the individual or entity that owns it. Nothing that appears on our Website or via its services should be interpreted, either by implication, estoppel, or otherwise, as a license or right to use any trademark present on our Website without our or the third party trademark owner’s written permission. We firmly forbid any misuse of the trademarks presents on our Website.
6. Customer activity that we prohibit
You may not copy, reproduce, modify, distribute, transfer, input into a database, perform, create works derived from, sell, or exploit in any other way, in whole or in part, the contents on our Website without permission stated within these Terms and Conditions or our written agreement. If you exploit the contents on our Website in any way, we will immediately and fully enforce our intellectual property rights.
You shall not:
I. Perform acts of spidering, screen scraping, database scraping, harvesting of contact and/or personal information such as email addresses and wireless addresses, in addition to all other means of accessing, registering on, or logging into the Website or the features and services it offers, or acquiring lists of website users, or acquiring or accessing any other information or features on, from, or via our Website or the services offered on or via our Website, including the information within any server or database connected to our Website and its services.
II. Access or attempt to access, by any means and without authorization, the computer systems, information, materials, or any services that are accessible or or via our Website.
III. utilise our Website and the services it offers in any way for the purpose of interrupting, damaging, disabling, or overburdening the Website and its services, or preventing a third party from utilizing of the website in ways that include but are not limited to flooding the servers with a massive amount of requests or messages.
IV. Use the Website or the services and features it offers to violate the intellectual property rights and other legal rights of Cuervo y Sobrinos or any third party.
V. Use the Website or the services and features it offers to violate any applicable law.
You also consent that you may not attempt (or encourage and support another individual or entity to attempt) to bypass, reverse-engineer, decrypt, alter, impede, or make any other unauthorized use of the Website and the content within it. You may not acquire or attempt to acquire information and materials in ways that are not deliberately made publicly accessible on the Website.
7. Information relating to Website users
8. Comments, feedback, and other submissions made by Website users
Your feedback, comments, suggestions, ideas and other submissions (referred to hereunder as “submitted materials”) relating to our Website, its contents, as well as our products and services are welcome. That said, any time we receive from you submitted materials, you:
i. consent and guarantee that the submitted materials are originally yours and that any “moral rights” relating to them have been relinquished.
9. Links directing to and from our Website
When linking from another website to this website, that link will open the full version of this website in a new browser tab or window. You are prohibited from engaging in inline linking, where content that is hosted on our website would be displayed on another website via a link. You may not link from another website to this website in a way that makes it covered or framed by any sort of content or material. If such actions are taken, we will enforce our rights to suspend links directing to our website and revoke your right to use them.
You have the right to link from our website to third-party website, and these linked website have the right to link to our website as well. You acknowledge and consent that we bear no responsibility over the contents, advertisements, products, services, or any other materials displayed on these linked website, even if they belong to or are run by our affiliates. We do not endorse or sponsor the contents, advertisements, products, services, or any other materials displayed on linked sites. We also are not responsible for any content originating from a linked sites and that is transferred through our website.
10. Indemnification policy
You consent to defend, indemnify, and hold Cuervo y Sobrinos and its affiliates harmless from any and all claims, liability, loss, expenses, demands, and costs that may arise from your use of our website and its content, software, or other materials as well as violating the law or these Terms and Conditions. We reserve the right to enforce the defense of any matter subject to indemnification by you, in which case you consent to comply with our defense of that claim.
We provide this website and all of its content, services, and other materials as available, without any warranty for information, data processing, undisturbed access, or any warranty regarding the availability and accuracy of the information on the website, or any warranty of non-infringement, title, merchantability, or fitness. We thus disclaim all express and implied warranties. We also do not warrant that our website and the contents, services, and other materials present within it will be secure, error-free, or accessible without interruptions at all times. Likewise, we do not warrant that any defects which may occur will be fixed, or that the requirements of website users will be met. No information or advice that we communicate to you, whether orally or in written form, shall be interpreted as constituting a warranty of any sort. We also cannot be held responsible for any computer viruses that may infect your device, and any damages that may result from such infections, while using our website.
We also disclaim any express or implied warranty relating to any products or services purchased through our website or any information, such as frequently asked questions, on such products or services and that is displayed on our website or communicated to you via Emails or by our agents. All products and services are delivered as-is, though it should be noted that this disclaimer does not apply to any product warranty that is explicitly stated in a sales agreement or license established between you and us or our supplier or licensor. In such a case, the product warranty will be delivered along with the package shipped to you.
Cuervo y Sobrinos and its affiliates, employees, shareholders, and service providers (“protected entities”) shall never be held liable for any direct, indirect, special, incidental, or consequential damages that are caused by the use of, or inability to use the Website or its contents, its functions, products or services, as well as provisions of information and lost business or sales. The protected entities shall never be held liable for or in connection with any content posted, transferred, or received by any user via our website. Some jurisdictions may reject the limitation of liability for incidental or consequential damages, in which case some the limitations stated above may not apply to some users. In the event that the protected entities are held liable for damages, losses, and cause of actions, the total amount of such liability shall never exceed the amount, if any, that you paid to Cuervo y Sobrinos to use our website or purchase our products through our website.
The substantive laws of Switzerland shall govern these Terms and Conditions, without regard to conflicts of laws. You acknowledge and consent that any cause of action that may arise out of these Terms and Conditions shall be presented to and settled by the exclusive jurisdiction of the Courts of Delémont.
14. Our policy regarding computer viruses and similar offenses
You must never use our website for the deliberate purpose of transmitting computer viruses, worms, trojan horses, malwares, spyware, ransomware, logic bombs, or any other similarly malicious technology to our website. You must also never conduct a denial-of-service (DoS) attack or a distributed denial-of-service (DDoS) attack on our website.
No website user can hold us liable for any damages or losses resulting from computer viruses, malwares, distributed denial-of-service attacks, and any other technologically harmful material that may infect such user’s computer hardware, computer programs, data or any other material that you own due using our website or downloading any material from our website or any website linked to it.
15. Shipping policy
Our customers do not get charged for shipping and handling. All items are shipped using FedEx. Please allow between 3 and 14 calendar days for your purchase to be delivered to your address. The delivery time will differ depending on the country of delivery. Be sure to check your email inbox for a delivery confirmation email from FedEx; such email will provide details on your delivery along with parcel tracking reference. If your order amount is over 50,000 CHF, one of our customer service representatives will contact you to make arrangements for your delivery.
Please keep in mind that, depending on customs requirements in the country of delivery, there may be a delay with your delivery. Furthermore, there may be local customs charges on the products you purchase.
16. Returns policy
We strive to keep our customers fully satisfied with their orders. If, for any reason, you are not satisfied with your order, we will happily accept a return at our own expense, provided it is made within 30 days of the date of delivery of the original product. Note that there are some exceptions that we have detailed below.
If you want to return your purchased product, simply send an email to firstname.lastname@example.org where you indicate the product you want to return. One of our customer service representatives will get in touch with you to give you an approval number so you can proceed with the return. Keep in mind that the product must be returned within 10 days of the initiation of the return approval, and that the return approval expires after 30 days have passed since the date of the delivery of your order.
The returned product must be in an unused, pristine condition and you must also provide the original receipt and all original shipping and product packaging, protective materials, and tags in place as-was. We will not accept any returns where the product is worn, or has been utilised, or if its original state has been altered, or if it has been personalised, or if 10 days have passed after the initiation of the return approval.
Watch bracelets that we have previously adjusted at the customer’s request can be returned but must include all the links we have shipped.
17. Termination policy
This website may be changed, suspended, or terminated at any time. Your access to this website, as well as its content, products, and services, may be restricted, suspended, or terminated if we consider that you have violated our Terms and Conditions without any notice or liability. Website users who infringe our intellectual property rights repeatedly will have their website user privileges revoked.
In the event that we fail to enforce our rights according to these Terms and Conditions, such failures shall not constitute a waiver of our rights. If a court of competent jurisdiction finds any provision of these Terms and Conditions to be null, both parties still agree that the court should strive to give effect to the parties’ intentions as reflected in such provision and the rest of the provisions in these Terms and Conditions remain valid and in full force and effect.
If you wish to take part in an auction organised by Cuervo y Sobrinos, you must have an account on our website that is approved with a valid payment card.
We reserve the right to refuse access to website users or to set additional conditions for the approval of users with no obligation to provide explanations. We also reserve the right to immediately delete a user account at any time.