TERMS OF USE OF: dtellierwatches.com

Date of last update: May 31, 2022

 

PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE

The following terms and conditions govern and apply to your use or reliance on the site maintained by D. Tellier, Art Horloger (the "site").

By accessing or browsing the site, you declare that you have read and understood the general conditions of use and declare that you are bound by these conditions. Please note that we may change the Terms of Service at any time without notice. Your continued use of the site will be deemed your acceptance of the revised terms and conditions.

1. INTELLECTUAL PROPERTY

All intellectual property on the site is owned by us or our licensors and includes any material protected by copyright, trademark or patent. All trademarks are owned, registered and/or licensed by us. All content on the site including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features as well than any other content, is a collective work under Canadian law or under any other copyright law and is the property of D. Tellier, Art Horloger. Materials on this site may not be copied, reproduced, republished, downloaded, displayed, transmitted, distributed, or modified, in whole or in part, whether in text, graphics, audio, video, or executable form, without our written permission.

All rights reserved.

2. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the Site, including, without limitation, documents, data or information developed by us, or anything else that may assist you in using the Site or of the

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services (the "Company Content"). Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein shall be construed as granting you any license or intellectual property rights.

3. USER ACCOUNT AND USE OF ACCOUNT

If your use of the Site requires an account identifying you as a user of the Site (a "User Account"):

a) you are solely responsible for your user account, the maintenance, confidentiality and security of your user account and all passwords related to your user account and for the activity anyone who accesses your account with or without your permission;

b) you agree to immediately notify us of any unauthorized use of your user account, of services through your user account, of a password associated with your user account or of any other breach of security your user account or service provided through your user account, and you agree to assist us, as may be requested by you, to stop or remedy any security breach related to your account; and

c) you agree to provide true, accurate and current User Information, as we may request from time to time, and you agree to notify us of any changes to your User Information as required so that the information that we hold are true, accurate and current.

4. PAYMENT

When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the details of the transaction since the total price may include taxes, fees and shipping costs for which you are responsible.

When you provide us with a Payment Instrument, you represent that you have permission to use that Payment Instrument. When you make a payment, you authorize us and the payment service we use to load the full amount to the payment instrument you have designated for the transaction.

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You also authorize us to collect and record this payment instrument

as well as any other information related to the transaction.

If you are paying by debit or credit card, we may obtain a pre-authorization from the card issuer for up to the full amount of the transaction. If you choose to void a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account.

We reserve the right to cancel any transaction if we believe the transaction violates these Terms of Service or if we believe that by doing so we can prevent financial loss.

In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities or any affected third parties (including other users) and may share details of any payment with which you are associated if we believe that such action may prevent financial loss or a violation of the law.

5. SALE OF PRODUCTS AND/OR SERVICES

We may sell goods or services or permit third parties to sell goods or services on our site. We are committed to being as accurate as possible in all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that the purchase of such products is at your own risk.

For goods or services sold by third parties, we are not responsible for any product and cannot make any warranty as to the merchantability, fitness, quality, safety or legality of such products. For any claims you may have against the manufacturer or seller of the product, you agree to pursue that cause of action against the manufacturer and/or seller and not against us. You agree to release us from all claims relating to goods or services manufactured or sold by third parties, including any claim relating to the manufacturer's warranty or liability.

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6. SHIPPING, DELIVERY AND RETURN POLICY

You agree to provide payment for all items you may purchase on the Site, and you acknowledge and agree that prices are subject to change. When you purchase a physical product, you agree to provide us with a valid email address and shipping address as well as valid billing information. We reserve the right to refuse or cancel an order for any reason, including an error or omission in the data you provide to us. If applicable, if payment has already been processed, we will issue a refund of the purchase price. We may require additional information from you before confirming the sale and we reserve the right to place any additional restrictions on the sale of our products. For the sale of physical goods, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card at the time the order is shipped. You agree to monitor your Payment Instrument. Shipping and delivery costs and expected delivery dates are subject to change due to unforeseen circumstances.

For any questions or disputes, you agree to contact us in a timely manner at the following email address:

dtellierlux@gmail.com

If you are not satisfied with a good that you have purchased on our site, you can proceed as follows:

Goods should be returned to the following address:

D. Tellier, Watchmaking Art

CP 1261 Trois-Rivieres, Trois-Rivieres, Qc, G9A5K8

Buyer is responsible for postage and insuring returned item(s) for market value.

7. ACCEPTABLE USE OF THE SITE

You agree not to use the site for any unlawful purpose or any other purpose prohibited under this clause. You agree not to use the site for any

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way that could harm the site, services or commercial activity of D. Tellier, Art

Watchmaker.

You also agree not to use the site for the following purposes:

a) harass, abuse or threaten another or otherwise violate any person's rights;

b) violate the intellectual property of D. Tellier, Art Horloger or any other third party;

c) download or transmit computer viruses or any other software that could damage the property of D. Tellier, Art Horloger or others;

(d) commit fraud;

(e) creating or participating in any illicit gambling, lottery or pyramid scheme;

(f) post or distribute obscene or defamatory material;

g) publish or distribute any material that incites violence, hatred, or discrimination against any group; and or

(h) unlawfully collect information about others.

8. PROTECTION OF PRIVACY

By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any country in which we may operate.

When you register for a user account, you provide us with a valid email address and you may also provide us with certain additional information, such as your name and/or billing information. Depending on your use of our site, we may also receive information from external applications that you use to access our site or we may receive information about you through various web technologies such as cookies. , logs, pixel tags (also known as "clear GIFs"), beacons and more.

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We use the information collected from you to ensure that you have a good experience on the site. We may also track some of the passive information received to improve our marketing and analytics and to do this we may work with third party providers.

If you wish to block our access to any passive information we receive from the use of various technologies, you can choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you provide to us, such as your email address.

If you choose to terminate your account, we will store and retain your information for the following length of time: 1 year. After this time, any information about you will be erased.

9. REVERSE ENGINEERING AND SECURITY

You may not take any of the following actions:

(a) reverse engineer or disassemble any code or software on or from this site;

b) violate or attempt to violate the security of the Site by any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.

10. DATA LOSS

We are not responsible for the security of your user account or the content of your account. Use of the site is at your own risk.

11. INDEMNIFICATION

You agree to defend, indemnify and hold harmless D. Tellier, Art Horloger and its affiliated companies against any claim, suit or demand, including attorneys' fees, which may arise from or relate to your use or

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abuse of the Site, your violation hereof, or your conduct and actions. If we choose to do so, we will choose our lawyer and participate in our own defense.

12. SPAM POLICY

You are strictly prohibited from using the site or any service offered on the site for the purpose of illegal activities related to spam, including the collection of addresses and personal information of others or the sending of commercial emails from mass.

13. THIRD PARTY LINKS AND CONTENT

We may post links to third party sites or services. We are not responsible for any damages or losses related to the use of third party services linked to our site.

14. INDEPENDENCE OF THE CLAUSES

If one of these clauses is recognized as illegal, declared null or inapplicable, in whole or in part, the inapplicable portion will not affect the validity and applicability of the other clauses of these conditions of use.

15. SERVICE INTERRUPTION

We may have to interrupt your access to the site in order to carry out ongoing work or unplanned emergency work. You agree that your access to the site may be affected by unplanned or unanticipated unavailability, for any reason, and that we will not be liable for any damages or losses resulting from such unavailability.

16. TERMINATION OF USER ACCOUNT

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We may suspend, limit or terminate your user account and your use of the site at our sole discretion, at any time, without notice and for any reason whatsoever, including the operation or effectiveness of the site or equipment or network belonging to us or a third party that is disrupted by your use or abuse of the site or if you have been or are currently in breach of the terms hereof. We shall have no liability to third parties, including any third party provider for any suspension, limitation or termination of your access to the site.

17. NO WARRANTY

Although we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that such content is error-free, current or complete. Under no circumstances can we be held responsible for any damage that may result from an error on the site.

We assume no responsibility for any damages arising from the misuse of the content of the site. We also cannot guarantee that the site will be available without interruption, without errors or omissions, or that defects will be corrected. Nor is it possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided "as is" and "as available" without representation, warranty or condition of any kind, express or implied.

If you decide to subscribe to services or features of the Site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and to ensure their accuracy by making the necessary updates as soon as possible. You agree to ensure the confidentiality of all passwords or other account identifiers that you have chosen or that will be assigned to you when registering or subscribing to D. Tellier, Art Horloger or its partners and to assume responsibility for all activities related to the use of these passwords or accounts. Additionally, you agree to notify us of any unauthorized use of your password or membership account. We cannot be held liable, directly or indirectly, for any loss or damage of any kind arising from or relating to your failure to comply with this provision.

You acknowledge that we may, in our sole and absolute discretion, without notice, suspend, cancel or terminate your account, use or

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access to the site or any of its services, and remove and delete any information or content relating to the site or any of the services offered (and terminate your use of it), for any reason whatsoever, including including if we believe you have breached these Terms. Further, you acknowledge that we will not be liable to you or anyone else as a result of any such suspension, cancellation or termination. If you are dissatisfied with D. Tellier, Art Horloger or one of its services, or with any of these conditions, rules, policies, guidelines or our practices relating to the operation of D. Tellier, Art Horloger or one of its services, your sole remedy is to stop using the site or service in question.

18. CONFIDENTIALITY

In addition to these terms and conditions, the site has a privacy policy which describes how personal information is handled when you visit the site, as well as how cookies are used.

For more information, please see our Privacy Policy at: dtellierwatches.com/policy

By browsing the site, you declare that you have also read the aforementioned privacy policy.

19. LIMITATION OF LIABILITY

We are not responsible for any damages you may suffer arising from your use of the site, to the fullest extent of the law. The maximum liability of D. Tellier, Art Horloger arising from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to D. Tellier, Art Horloger in the last six months, whichever is greater. This is valid for any claim including, without limitation, loss of profits or revenue, consequential or punitive damages, negligence, civil liability or fraud of any kind.

20. ADDITIONAL QUESTIONS AND INFORMATION

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For any questions or for more information, please contact us at the following address: dtellierlux@gmail.com