Terms of sale

General terms and conditions of sale and delivery. v3 09.12.2018

These conditions have been translated from French. The French version is the only legal version. See the French version here.

1. General provisions

  1. The www.code41watches.com online store has been established and is operated by the company Cosanova Sàrl, registered at Rue du Midi 10, 1003 Lausanne, Switzerland. CODE41 (hereinafter: CODE41) is a brand of the company Cosanova Sàrl.
  2. These General Terms and Conditions of Sale and Delivery are intended to define the contractual relationships between CODE41 and the buyer. All orders placed on www.code41watches.com (hereinafter: the Website) entail the buyer’s complete and unconditional acceptance of these Terms and Conditions of Sale and Delivery. These Terms and Conditions of Sale and Delivery will always prevail over any other conditions not expressly approved by CODE41.
  3. CODE41 reserves the right to modify its Terms and Conditions of Sale and Delivery at any time. In such an event, the applicable conditions will be those in force at the moment of the order.

2. Your status

  1. By ordering an item through the Website, you are thereby guaranteeing that the following conditions have been met:
  2. You are entitled to enter into legally-binding contracts.
  3. You are at least 18 years of age.
  4. You are a natural person acting in good faith in your capacity as the end consumer, and that consequently you will not attempt to trade, sell or in any way distribute any CODE41 products, nor will you purchase from CODE41 with the intent of resale or for any other commercial purposes.
  5.  CODE41 may refuse any order for legitimate reasons; for example if CODE41 has reason to believe that an order has been placed in breach of these General Terms and Conditions of Sale.

3. Registration

  1. Registration is required in order to purchase items and enjoy certain services or features made available to you through the Website.
  2. When you register, you must provide your own details. They must be entirely correct, precise, current and complete.
  3. In the event that your details change following your registration, please inform us immediately using the contact form found on the “contact” page of the Website.
  4. The password that you create for your account must be unique and stored safely. You must inform CODE41 immediately in the event that the security of your account is compromised or of any unauthorized use.
  5. For more information on our use of your data, please see our confidentiality policy.

4. Price and payment

  1. The prices of the products featured on the Website are net prices based on the Swiss Franc (CHF). The prices displayed in other currencies are converted from their base prices in Swiss Francs (CHF), which does mean that prices displayed in foreign currencies may vary.
  2. Prices include DDP (Delivery Duty Paid) for Switzerland and the rest of Europe; products are delivered to their agreed destination with customs duties and VAT included. For other countries, prices include DAP (Delivered at Place); products are delivered to their agreed destination, but customs duties and VAT are excluded.
  3. Some countries require extra customs/import duties in addition to the price displayed. At the moment of purchase our Website will indicate whether or not these fees are included in the total amount of your order.
  4. CODE41 does not provide tax refund slips.
  5. CODE41 reserves the right to modify its prices at any time; nevertheless, the price displayed on the Website on the day of the order will always be the only one applicable.
  6. Payment can be made by any credit card listed during the ordering process. Payment must be made before the delivery of any products can occur.
  7. All credit card holders will be subject to a validation check carried out by the issuer of the card, who must also authorize the holder to use the card. The personal data of the credit card holder required for this check may be exchanged with third parties. We cannot be held responsible for any delays or the non-delivery of the order in the event that the issuer of the card does not authorize the payment.

5. The order process

  1. The ordering of a product from the Website is considered to be a bid to purchase a product in compliance with these Terms and Conditions of Sale and Delivery.
  2. Once an order is placed, a confirmation will be sent to your email address, stating that we have received and acknowledged your order. We must emphasize that this in no way means that your order has been accepted, as all orders are subject to the approval of CODE41, which reserves the right to request the following prior to the acceptance of your order, with the aim of making transactions more secure and combating fraud:-that you confirm - by telephone - certain information relating to your order, -that you send proof of identity (e.g. photocopy of ID card).
  3. In the event that these requests are not met within the stipulated time where required, CODE41 reserves the right to cancel your order, and CODE41 reserves the right to limit the quantity of CODE41 products that a Customer can order in a single transaction.
  4. You also agree that we can use this personal data to conduct appropriate anti-fraud checks. The personal data that you provide may be disclosed to a credit rating or anti-fraud agency, which may keep a record.
  5. For more information on our use of your data, please see our confidentiality policy.
  6. If the products ordered are unavailable, you will be informed by email. You will then have the choice to wait for the item to be available, or to cancel the order.
  7. We will confirm our acceptance of your order by sending an order confirmation by email. This will invoke a legally-binding contract between the two parties.
  8. It is possible that we might be awaiting a delivery from our suppliers. For this reason, occasionally you may be offered the choice of paying in advance (pre-order) for certain products. This process ensures that the delivery of your purchase will be a priority, as soon as the product is available. Your rights in terms of advance purchases are identical to those relating to any other purchase from CODE41.
  9. Items in stock may be pre-assigned in order to honor pre-paid orders; customers who have made such a payment will receive their products before customers who place orders on the Website for immediate delivery.
  10. It may be that we are unable to deliver a product due to a problem relating to production or quality. In such cases, we will inform you by email and you will then have the choice of waiting for the item to become available or cancelling the order.

6. Promotional codes

  1. Promotional codes are neither transferable nor can they be combined, and they cannot be exchanged for money.
  2. Promotional codes must be used before the indicated expiry date.
  3. CODE41 reserves the right to cancel, at their own discretion, any purchase in the event of misuse or fraud in the use of promotional codes.

7. Delivery

  1. The delivery address will match the data provided by the buyer, and which we will have quoted in the confirmation email for the order. In the event that you are not present for the delivery, a delivery notice will be left by the courier, and it will be your responsibility to collect the package from the location and in the time period stipulated therein. In the event that this time period elapses, the products will be returned to CODE41 and it will be your responsibility to contact our customer service department to arrange for re-delivery at your expense.
  2. The information provided by the buyer during the order process is the responsibility of said buyer. In the event of a mistake in the labelling of the recipient’s address, CODE41 will not be held responsible for the inability to deliver the product, and if this error leads to the courier returning of the product, it will be re-sent at the expense of the buyer.
  3. Your package must be signed for upon receipt. If you have indicated a recipient other than yourself for delivery (for example, if it is a gift), you accept that the signature on the proof of receipt will come from the person in question.
  4. The buyer is responsible for lodging a complaint with the courier in the event that the package arrives in poor condition.
  5. All delivery times are estimates; they are provided on an indicative basis only, and begin from the date of shipment.
  6. CODE41 is not responsible for:
    • delays resulting from the process of customs clearance;
    • the loss or theft of the package while it is in the hands of the courier;
    • the delivery driver not asking you for a signature or signing in your place;
    • any strike, shortage, adverse weather conditions or natural disaster which may be the cause of delays or the unsuccessful delivery of your order.

8. Transfer of ownership and risks

  1. The products ordered remain the property of CODE41 until their delivery to the address provided. The transfer of property takes place on that date. Consequently, CODE41 may require the return of any merchandise before the transfer of property, should the client contravene any of these general terms and conditions.
  2. The transfer of risks occurs with delivery. Said risks, in terms of this provision, relate to liability in the event of damage to the product or damages brought about by its use, handling or storage.

9. Right of withdrawal / return / exchange

  1. Prior to the transfer of your order to the courier, you have the right to withdraw from this contract at any time, without motive. You must send your declaration of withdrawal in writing using our returns form provided with your order.
  2. After your product has been passed to the courier, you have the right to withdraw from this contract without motive within 30 days of receipt. The right of withdrawal / return expires 30 days after the day that you yourself, or a third party other than the courier and appointed by you, take physical possession of the order.
  3. You must send your return request in writing through our contact form found on the “contact” page of the Website.
  4. Returns must be sent using the return label provided by CODE41. Packages returned directly to our offices will not be processed, and will be returned to the sender.
  5. Products must be returned in original and perfect condition with all protective packaging and labels attached, as well as the safety notices and stickers attached to them, and will be subject to quality control and operational testing. You must take care with the product when you inspect it. In the event of wear and tear in the product, compensation will only be required if the damage has been caused by use exceeding what is necessary to establish the quality, characteristics and functionality of the product. In order to establish the quality, characteristics and functionality of the product, the Customer must only handle and inspect it in the manner they would be allowed to in a store.
  6. Failure to return the original CODE41 box or special packaging in good condition will give CODE41 the right to retain the corresponding value from the reimbursed amount.
  7. All returns or exchanges will be subjected by CODE41 to rigorous Quality Control (QC) in order to ensure that the returned product is in keeping with the requirements for return. If the inspected product does not meet Quality Control standards, Code41 may also require the Customer to pay for the damages.
  8. The Customer will be responsible for any loss of value sustained by the product as a result of any handling of the product contrary to civil law principles, such as good faith and unjust enrichment. As a result, if the product is damaged or destroyed, CODE41 will deduct the cost of reconditioning or replacement from the amount reimbursed.
  9. If the returned product passes Quality Control, CODE41 will proceed with the reimbursement or exchange as applicable.
  10. Any products returned must be accompanied by the full order information (sales invoice and customs invoice where necessary) in order to facilitate their processing and identification. Unidentified returns will be returned to the sender.
  11. The order will be refunded by the same payment method used to place the order on our website. If this is no longer valid or for any other reason beyond the control of CODE41 (loss, stopped check, change of banking establishment, etc.), our teams will contact you to find an appropriate solution.

10. Warranty

  1. CODE41 scrupulously ensures that each product is in strict keeping with its quality criteria and that they pass all of our checks, both technical and esthetic.
  2. The product is considered to be defective if it is damaged upon receipt or if a manufacturing fault is reported in accordance with and within the warranty period of the product in question.
  3. Items damaged through normal wear and tear will not be considered to be defective.
  4. If your watch is defective upon receipt or you discover a fault within the guarantee period of 2 years from the date of delivery, you will have the option to return the item for repair. You must send your request by writing using our form (GARANTEE tab in your client account) on our website. Select your product and click on the button to request repairs.This procedure is valid only when “Completed” status is reached.
  5. The warranty is not applicable in the following cases:
    • damage due to normal wear and tear and aging of the product;
    • damage due to non-compliant assembly;
    • damage resulting from maintenance, repairs or disassembly not performed by an after-sales service center approved by CODE41;
    • damage due to non-compliant use of the product, poor treatment, misuse, negligence, recklessness, deterioration caused by the use of products in improper conditions such as violent physical - shock, crushing, violent handling of the clasp…;
    • damage due to transport and delivery;
    • damage due to moisture which could have entered the watch following a handling error (for example, the crown not being correctly in place);
    • any watch with signs of impact or shock on the glass or the body);
    • the proof of purchase (receipt, proof of transfer…) is missing;
    • the serial number engraved on the case is illegible or has been falsified;
    • the warranty does not cover straps, glass;
  6. It is made clear that CODE41 poster campaigns and promotions (by their nature intended to showcase the attractive and innovative nature of CODE41 products, and which may sometimes depict CODE41 products in unusual situations or usage) are not to be considered representative of the normal use of CODE41 products which could be claimed as such by the end user. Therefore, the CODE41 warranty will be limited only to defects that appear following what is considered normal and habitual use for a watch.
  7. In order to activate your guarantee, sign in to your customer account on our Website (GUARANTEE Tab in your client account). Complete the serial No (mandatory), the reference (SKU) and the order No if necessary. In case of problem please contact the support team.
  8. Upon analyzing the information in the request for the return of a defective product, we reserve the option to not follow up on your request for legitimate reasons (warranty period expired, defect not covered by the warranty, inappropriate use of the product…).
  9. Within the scope of the warranty, we offer to repair or replace defective items insofar as possible. If the item cannot be replaced or repaired, and if the same item is no longer available, you will then be offered a full refund.
  10. Items must be sent using the return label provided by CODE41. Packages returned directly to our offices will not be processed, and will be returned to the sender.
  11. All returned products must be accompanied by the complete details of the order in order to facilitate their identification and accelerate their processing. Unidentified returns will be returned to the sender.

11. Repeated returns

  1. In order to offer you an unrivalled experience, the established terms of return are flexible. Nevertheless, the number of returns will be counted and we reserve the right to refuse an order in the event of repeated returns.

12. Liability

  1. It is made expressly clear that the products offered on our Website are intended for personal use, and that the products sold are not designed for professional use. CODE41 will not be held responsible in the event of damage, whether direct or indirect, material or intangible, linked to the use or operation of the ordered products.
  2. In addition, all products are in compliance with Swiss legislation, but CODE41 will not be held liable in the event of non-compliance with the legislation of the country to which the products are delivered: it is the responsibility of the customer to inform themselves about the authorities of the importing country in order to know whether the product is allowed there.
  3. CODE41 will not be held responsible for the non-fulfilment of the agreed contract, on the one hand in the event of force majeure, as defined by the Swiss Civil Code, and on the other hand in the event of customer error, or the unforeseeable and unavoidable actions of a third party to the contract, or consequences resulting from incorrect use of the products sold on the Website.

13. Miscellaneous

  1. Transfer of rights and costs The contract established between you and the company is considered to be legally binding for both parties, as well as for our respective beneficiaries. You may not transfer, cede, encumber or otherwise manage the delivery rights for the merchandise ordered and defined in this contract, without obtaining our prior agreement in writing.
  2. Severability clause If certain provisions of these Terms and Conditions of Sale should be found partially or completely ineffective, the efficacy of all other provisions will remain valid.
  3. Electronic communication In navigating our Website, you accept the fact that communication - in compliance with current legislation - will be carried out electronically. We will contact you through your email address or regular mail at the address you have provided.
  4. Contact address You may contact our company by regular post at CODE41, Rue du Midi 10, 1003 Lausanne - Switzerland, or through our contact form found on the “contact” page of the Website.
  5. Jurisdiction and applicable law Insofar as is legally admissible, Lausanne is the sole jurisdiction for all legal disputes linked to these Terms and Conditions of Sale and Delivery. CODE41 is also entitled to file a legal suit with the local jurisdiction of the customer. These Terms and Conditions of Sale and Delivery are subject to Swiss law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.

PRIVACY POLICY

At CODE41, we care deeply about privacy. We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We know you care about your privacy too, so we provide settings that allow you to choose how certain information is used by CODE41. This policy explains our privacy practices for code41watches.com.

SECTION 1 - Accepting the Privacy Policy

We need to process your personal information to run our business and provide you with the Services. By accepting our Terms of Use, you are confirming that you have read and understand this policy including how and why we use your information. If you don’t want us to collect or process your personal information in the ways described in this policy, you shouldn’t use the Services. We are not responsible for the content or the privacy policies or practices of any of our members, websites hosted through Pattern by CODE41, third-party websites, or third-party apps. CODE41’s Terms of Use require all account owners to be at least 18 years of age. Minors under 18 years of age and at least 13 years of age are permitted to use CODE41's Services only if they have the appropriate permission and direct supervision by the owner of the account. Children under age 13 are not permitted to use CODE41 or the Services. You are responsible for any and all account activity conducted by a minor on your account. By using the Services, you acknowledge that CODE41 will use your information in the United States, Ireland and any other country where CODE41 operates. Please be aware that the privacy laws and standards in certain countries, including the rights of authorities to access your personal information, may differ from those that apply in the country in which you reside. We will transfer personal information only to these countries to which we are permitted by law to transfer personal information, and we will take steps to ensure that your personal information continues to enjoy appropriate protections. Please read on to learn more about how we protect personal information that’s transferred outside of Europe.

SECTION 2 - Information Collected or Received

In the course of providing our Services, we collect or receive your personal information in a few different ways. Often, you choose what information to provide, but sometimes we require certain information for you to use and for us to provide you the Services. Registration, Account Setup, Service Usage: In order to use the Services, you need to provide us with a valid email address, and for Services that require registration, a name associated with your account that you can choose and that represents your identity on CODE41. You may review, change, or remove that name through your account settings. You need to provide this information to enable us to provide you with the Services. Depending on which services you choose to use, additional information, such as a shop name, billing and payment information (including billing contact name, address, telephone number, credit card information), a telephone number, and/or a physical postal address, may be necessary in order for us to provide a particular service. You are not required to provide us with this information to sign up, but we will need it to provide certain services. For example, we need a physical postal address if you are buying something on www.code41watches.com for delivery. We may need to store credit card information (or arrange for it to be stored) and use it for both billing and payment purposes. Depending on your local jurisdiction, you can also choose to allow us to save your credit card information to facilitate the checkout process for future purchases. Automated Information: CODE41 automatically receives and records information from your browser or your mobile device when you visit the Site or use the Apps or use certain other Services, such as your IP address or unique device identifier, cookies and data about which pages you visit in order to allow us to operate and provide the Services. This information is stored in log files and is collected automatically. We may combine this information from your browser or your mobile device with other information that we or our partners collect about you, including across devices. This information is used to prevent fraud and to keep the Services secure, to analyse and understand how the Services work for members and visitors, and to provide advertising, including across your devices, and a more personalised experience for members and visitors. We may also automatically collect device-specific information when you install, access, or use our Services. This information may include information such as the hardware model, operating system information, app version, app usage and debugging information, browser information, IP address, and device identifiers. For more information about these online tools and how we use them, see our Cookies & Similar Technologies Policy and “Information Uses, Sharing & Disclosure” section below. Location Information: We may collect information about your use of the Services for advertising, analytics, to serve content and to protect the Services, including your IP address, browser information (including referrers), device information (such as iOS IDFA, IDFV for limited non-advertising purposes, Android AAID, and, when enabled by you, location information provided by your device). Analytics Information: We use data analytics to ensure site functionality and improve the Services. We use mobile analytics software to allow us to understand the functionality of the services on your device. This software may record information such as how often you use the services, what happens within the device, aggregated usage, performance data, device errors and debugging information, and where the services were accessed from. Information from Third Parties: Some members or visitors may choose to connect to CODE41 or register an CODE41 account using an external third-party application, such as Facebook, or an app developed using the CODE41 API. CODE41 may receive information from those connected third-party applications. Connecting your CODE41 account to third-party applications or services is optional. If you choose to connect your account to a third-party application, CODE41 may receive information from that application. We may also collect public information in order to connect with you. We may use that information as part of providing the Services to you. You can also choose to share some of your activity on CODE41 on certain social media networks which are connected to your CODE41 account, and you can revoke your permission anytime in your account settings. Non-Member Information: CODE41 may receive or obtain information (for example, an email address or IP address) about a person who is not yet a registered CODE41 member, such as when a non-member chooses to subscribe to an CODE41 newsletter, a member invites a non-member to visit the Site, a member uploads non-member information using the contact uploader feature, a non-member engages in a transaction, or a member sends a gift card code to a non-member, or a non-member uses the Guest Checkout feature when making a purchase through one of the Services. Non-member information is used only for the purposes disclosed when it was submitted to CODE41 or to facilitate action authorised by the non-member. Pattern by CODE41: We also collect certain information from both members and non-members who visit websites hosted by us. This information may include your IP address or unique device identifier, and cookies and data from the pages you visit. For more information on our use of cookies and collection of tracking information, see our Cookies & Similar Technologies Policy or “Information Uses, Sharing & Disclosure” section below.

SECTION 3 - Choice & Control

We know that members of our community value having control over their own information, so CODE41 gives you the choice of providing, editing or removing certain information, as well as choices about how we contact you. You may change or correct your CODE41 account information through your account settings. You can also request the deletion of the personal information by contacting our support team. Depending on your location, you may also have certain additional rights with respect to your information, such as: (i) data access and portability (including the right to obtain a copy of your personal data you provided to CODE41, via your settings); (ii) data correction (including the ability to update your personal data, in many cases via settings); (iii) data deletion (including the right to have CODE41 delete your personal information, except information we are required to retain, by contacting us); and (iv) withdrawal of consent or objection to processing (including, in limited circumstances, the right to ask CODE41 to stop processing your personal data, with some exceptions, by contacting us). We use non-technically necessary cookies and similar technologies. A more detailed explanation of the technologies we use, and how to opt out when applicable, can be found in CODE41’s Cookies & Similar Technologies Policy. You may also control the receipt of certain types of communications from CODE41 in your account settings. CODE41 may send you messages about the Services or your activity. Some of these messages are required, service-related messages for members (such as transactional messages or legal notices). Other messages are not required, such as newsletters. You can control which optional messages you choose to receive by changing your account settings, and you can learn more in the “Messages from CODE41” section of this policy. We partner with third parties to manage our advertising on other sites. Our third-party partners may use cookies or similar technologies in order to provide you with advertising based upon your browsing activities and interests. If you no longer wish to use the Services or receive service-related messages (except for legally required notices), then you may close your account. If you wish to close your account, please contact our support team at support@code41.com.

SECTION 4 - Messages from CODE41

On occasion, CODE41 may need to contact you. Primarily, these messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive messages. CODE41 may also contact you by telephone to provide member support or for transaction-related purposes if you request that we call you. Additionally, and with your consent, CODE41 may send you an SMS (or similar) message or physical mail in order to provide you with customer support or to provide you with information about products and features that you may find of interest. You may update your contact preferences in your account settings. Some messages from CODE41 are service-related and necessary for members a. You agree that CODE41 can send you non-marketing emails or messages, such as those related to transactions, your account, security, or product changes. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, service availability, modification of key features or functions, relaying conversations with buyers, and correspondence with CODE41’s support team. When you register for an account, subscribe to a newsletter, you receive notice of and agree (in some jurisdictions and situations, by an additional unambiguous consent) to receive marketing emails and messages from us. You can unsubscribe at any time from marketing emails through the opt-out link included in marketing emails or messages. Members may also control some marketing emails or messages through their account settings as well as through the opt-out link included in marketing emails or messages.

SECTION 5 - Information Uses, Sharing & Disclosure

When you access or use the Services, we collect, use, share, and otherwise process your personal information as described in this policy. We rely on a number of legal bases to use your information in these ways. These legal bases include where:
  • necessary to perform the contractual obligations in our Terms of Use and in order to provide the Services to you;
  • you have consented to the processing, which you can revoke at any time;
  • necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims;
  • necessary for the purposes of our or a third party’s legitimate interests, such as those of visitors, members, or partners;
  • you have expressly made the information public;
  • necessary in the public interest; and
  • occasionally necessary to protect your vital interests, or those of others.
Note that we principally rely on consent (i) to send marketing messages, (ii) for third-party data sharing related to advertising, and, to the extent applicable, (iii) for the use of location data for advertising purposes. Where we process your information on the basis of legitimate interests, we do so as follows: Providing and improving our Services: We may use your information to improve and customise our Services, including sharing of your information for such purposes, and we do so as it is necessary to pursue our legitimate interests of improving our Services for our users. This is also necessary to enable us to pursue our legitimate interests in understanding how our Services are being used, and to explore and unlock ways to develop and grow our business. It is also necessary to allow us to pursue our legitimate interests in improving our Services, efficiency, interest in Services for users and obtaining insights into usage patterns of our Services. Keeping our Services safe and secure: We may also use your information for safety and security purposes, including sharing of your information for such purposes, and we do so because it is necessary to pursue our legitimate interests in ensuring the security of our Services, including enhancing protection of our community against spam, harassment, intellectual property infringement, crime, and security risks of all kind. We respect your privacy. CODE41 will not disclose your name, email address or other personal information to third parties without your consent, except as specified in this policy. We use your information to provide and improve the Services and our products, for billing and payments, for identification and authentication, for targeted online and offline marketing including through tools like Facebook Custom Audience and Google Customer Match, to contact members or interested parties, and for general research and aggregate reporting. We may learn the sorts of products that you’re interested in from your browsing and purchasing behaviour on (and off) the Site or Apps and suggest potential purchases as a result. As a core part of our Services, we have a legitimate interest in customising your on-site experience to help you discover relevant items and recommended purchases. Similarly, we or our sellers may advertise our Services or our sellers’ products through a variety of different mediums and rely on your consent to do so off-site. As part of this, we may work with advertising partners such as Facebook or Google. Legal and Safety: CODE41 may also retain, preserve, or release your personal information to a third party in the following limited circumstances: in response to lawful requests by public authorities, including to meet legitimate national security or law enforcement requirements; to protect, establish, or exercise our legal rights or defend against legal claims, including to collect a debt; to comply with a subpoena, court order, legal process, or other legal requirement; or when we believe in good faith that such disclosure is reasonably necessary to comply with the law, prevent imminent physical harm or financial loss, or investigate, prevent, or take action regarding illegal activities, suspected fraud, threats to our property, or violations of CODE41's Terms of Use. In these cases, our use of your information may be necessary for the purposes of our or a third party’s legitimate interest in keeping our Services secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage. Such use may also be necessary to comply with a legal obligation, a court order, or to exercise or defend legal claims. It may also be necessary in the public interest (such as to prevent crime) or to protect vital interests (in rare cases where we may need to share information to prevent loss of life or personal injury). Affiliated Businesses: CODE41 is affiliated with a variety of businesses and works closely with them for a variety of purposes, including assisting us to perform and improve the Services. These businesses may sell items or services to you through the Services or, with your consent, offer promotions (including email promotions) to you. CODE41 may also provide services or sell products jointly with affiliated businesses, including providing information to such partners to allow them to more effectively market to you. When an affiliated business assists in facilitating your transaction, we may need to share information related to the transaction with that affiliated business in order to facilitate your transaction, and this forms part of the Services we provide in accordance with our Terms of Use. We rely on consent (which can be withdrawn at any time) to send marketing messages and for third-party sharing relating to advertising. Aggregated Information: CODE41 may share demographic information with business partners, but it will be aggregated and de-personalised, so that personal information is not revealed. Service Providers: CODE41 also needs to engage third-party companies and individuals (such as payment processors, research companies, and analytics and security providers) to help us operate, provide, and market the Services. These third parties have only limited access to your information, may use your information only to perform these tasks on our behalf, and are obligated to CODE41 not to disclose or use your information for other purposes. Our engagement of service providers is often necessary for us to provide the Services to you, particularly where such companies play important roles like processing payments and shipments and helping us keep our Service operating and secure. In some other cases, these service providers aren’t strictly necessary for us to provide the Services, but help us make it better, like by helping us conduct research into how we could better serve our users. In these latter cases, we have a legitimate interest in working with service providers to make our Services better. Business Reorganisation: In some cases, CODE41 may choose to buy or sell assets. Such transactions may be necessary and in our legitimate interests, particularly our interest in making decisions that enable our business to develop over the long term. In these types of transactions (such as a sale, merger, liquidation, receivership, or transfer of all or substantially all of CODE41’s assets), member information is typically one of the business assets that is transferred. If CODE41 intends to transfer information about you, CODE41 will notify you by email or by putting a prominent notice on the Site and the App, and you will be afforded an opportunity to opt out before information about you becomes subject to a different privacy policy. Third Parties: Third-party plug-ins also may collect information about your use of the Site. For example, when you load a page on CODE41 that has a social plug-in from a third-party site or service, such as a “Like” or “Send” button, you are also loading content from that third-party site. That site may request cookies directly from your browser. These interactions are subject to the privacy policy of the third-party site. In addition, certain cookies and other similar technologies on the Site are used by third parties for targeted online marketing and other purposes. These technologies allow a partner to recognise your computer or mobile device each time you use the Services. Please be aware that when you use third-party sites or services, their own terms and privacy policies will govern your use of those sites or services. CODE41 chooses and manages these third-party technologies placed on its Sites and Apps. However, these are third-party technologies, and they are subject to that third party's privacy policy. For more information, see our Cookies & Similar Technologies Policy. We rely on your consent to drop and read non-technically necessary cookies. We can speak only for ourselves; this policy does not apply to the practices of third parties that CODE41 does not own or control or individuals that CODE41 does not employ or manage. If you provide your information to others, different practices may apply to the use or disclosure of the information that you provide to them. CODE41 does not control the privacy policies of third parties, including other members who sell using the Services or API users. CODE41 is not responsible for the privacy or security practices of these sellers, API users, or other websites on the Internet, even those linked to or from the Services. We encourage you to read the privacy policies and ask questions of third parties before you disclose your personal information to them. For the purposes of European law, these sellers and API users are independent controllers of data, which means that they are responsible for providing and complying with their own policies relating to any personal information they obtain in connection with the Services.

SECTION 6 - Security

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and after it is received. Your account information is protected by a password. It is important that you protect against unauthorised access to your account and information by choosing your password carefully and by keeping your password and computer secure, such as by signing out after using the Services. If you have any questions about the security of your personal information, you can contact us at support@code41.com. CODE41 encrypts certain information (such as credit card numbers) using secure socket layer technology (SSL). CODE41 follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and after it is received. Unfortunately, no method of transmission over the internet or method of electronic storage is 100% secure. Therefore, while we strive to protect your personal information, we can't guarantee its absolute security.

SECTION 7 - Retention

CODE41 will retain your information only for as long as is necessary for the purposes set out in this policy, for as long as your account is active (i.e., for the lifetime of your CODE41 member account), as described in this policy, or as needed to provide the Services to you. If you no longer want CODE41 to use your information to provide the Services to you, you may close your account. CODE41 will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this policy. We also retain log files for internal analysis purposes. These log files are generally retained for a brief period of time, except in cases where they are used for site safety and security, to improve site functionality, or we are legally obligated to retain them for longer time periods.

SECTION 8 - Your Rights

You may benefit from a number of rights in relation to your information that we process. Some rights apply only in certain limited cases, depending on your location. If you would like to manage, change, limit, or delete your personal information, you can do so via your CODE41 account settings or by contacting us. Upon request, CODE41 will provide you with information about whether we hold any of your personal information. By visiting your account settings, you can access, correct, change, and delete certain personal information associated with your account. In certain cases where we process your information, you may also have a right to restrict or limit the ways in which we use your personal information. In certain circumstances, you also have the right to request the deletion of your personal information, and to obtain a copy of your personal information in an easily accessible format. Please ensure you've read the options you have under the "Choice & Control" section above. If you need further assistance, you can contact CODE41 through one of the channels listed below under “Contact”. We will respond to your request within a reasonable timeframe. If we process your information based on our legitimate interests as explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons. Where we use your data for direct marketing purposes, you can always object using the unsubscribe link in such communications or changing your account settings.

SECTION 9 - Withdrawing Consent

Where you have provided your consent, you have the right to withdraw your consent to our processing of your information and your use of the Services. For example, you can withdraw your consent to email marketing by using the unsubscribe link in such communications or by changing your account settings. You can choose to withdraw your consent to our processing of your information and your use of the Services at any time by closing your account emailing support@code41.com to request that your personal information be deleted, except for information that we are required to retain. This deletion is permanent and your account cannot be reinstated.

SECTION 10 - Privacy Policy Changes

We may amend or update this policy from time to time. If we believe that the changes are material, we’ll let you know by doing one (or more) of the following: (i) posting the changes on or through the Services, (ii) sending you an email or message about the changes, or (iii) posting an update in the version notes on the Apps’ platform. We encourage you to check back regularly and review any updates.

SECTION 11 - Contact

If you have any questions: Contact CODE41’s Support team via our contact page; Send an email to CODE41's at support@code41.com. Write to us at one of the following addresses: CODE41 Support Team – Privacy Policy Rue du Midi 10 1003 Lausanne

CODE41 Referral Program Rules

code41watches.com referral program rules V01 - 01.12.2017

These CODE41 Referral Program Rules (“Program Rules”) govern your participation in the CODE41 Referral Program. The Program Rules are in addition to any agreements between you and CODE41, including the CODE41 Terms and Conditions. The CODE41 Terms are incorporated by reference and shall apply to your participation in the CODE41 Referral Program, including, if necessary, to resolve any disputes between you and CODE41 related to or arising out of the Referral Program.

Program Overview

The CODE41 Referral Program (“Referral Program”) is offered by CODE41, Inc. (“CODE41”) and provides Members who are interested in referring their friends or contacts (“Referrers”) the opportunity to refer eligible individuals to join the CODE41 community as new Members. These Program Rules apply to both referrers and referred Members, so please read carefully to understand your respective rights and obligations.

Referrer Eligibility

To be eligible to participate in the Referral Program as a referrer,(a) be at least 18 years of age; and (b) maintain a CODE41 membership in good standing. Referrers may be friends or relatives. If you violate the Referral Program Rules or any applicable Terms of Service, CODE41 may suspend or terminate your ability to participate in the Referral Program under any or all of your accounts.

CODE41 Codes

Under the Referral Program, CODE41 may provide you with a unique alphanumeric code (“CODE41 Coupon Code”) to distribute to eligible individuals to become new CODE41 watch owners. CODE41 may also provide you the ability to create additional CODE41 Codes. CODE41 owns all rights in and to any CODE41 Code whether provided to you or created by you. You acknowledge and agree that: (a) CODE41 may limit the number of CODE41 Codes you may create or are made available to you, (b) you have no ownership rights in any form over the CODE41 Codes, and (c) CODE41 may reclaim, deactivate, invalidate or terminate your CODE41 Code at any time at its discretion.

How to Refer New Members

You may refer eligible individuals to become new members on the CODE41 Platform. In order to be eligible for a Referral Reward (defined below) for a new member, the person must (i) have never previously created a CODE41 account; (ii) be at least 18 years of age, and (iii) satisfy the applicable Reward Criteria, as discussed below. If these conditions are met, the person shall be considered your “Referred Friend”.
c. Invitations through the CODE41 Platform. You may invite individuals to become new Members directly through CODE41 Website by entering or providing CODE41 with your invitee’s contact information Inviting an individual through the CODE41 website may generate an automatic invitation text (SMS) or email (the “Invitation”) to the person which may be sent through an email controlled by CODE41. The Invitation may contain a promotional offer of CODE41. You represent that you have the necessary consent from your invitee to send them the Invitation (either directly or through the CODE41 Platform). If your invitee follows the links in your Invitation and creates a CODE41 account using the information provided, your CODE41 Code can be applied by your invitee during his purchase journey.
d. Other Invitations. You may also invite individuals to become new members by distributing your CODE41 Code directly and instructing them to manually input your CODE41 Code into the CODE41 Cart. A member will not be able to apply your CODE41 Code if (i) they’ve already applied another Member’s CODE41 Code or a different promotion code, (ii) they’ve already received CODE41 credit from CODE41 or another source on their Member account prior to entry of your CODE41 Code. A member will not be able to apply your CODE41 Code if they bought an item without entering your Code. If a member does not enter your CODE41 Code you will not receive attribution for the referral and they will not be considered your Referred Friend.. CODE41 reserves the right to supply new Members with CODE41 credit or sign-on bonuses at its discretion.

Referral Rewards

a. General. You are eligible to earn a referral incentive (“Referral Reward”) for each Referred Members that you refer to the CODE41 Website (subject to certain maximum limits and the other terms in these Referral Program Rules). As discussed above, in order to qualify as your Referred Friend, the new Member must satisfy the applicable Reward Criteria. The Reward Criteria are set by CODE41 in its sole discretion and are subject to change at any time. The Reward Criteria may vary by market or within a particular market. CODE41, at its sole discretion, may make available certain promotions with different Reward Criteria or Referral Rewards to other Members or prospective Members. These promotions, unless offered to you, shall have no bearing whatsoever on your Agreement or relationship with CODE41. If the new Member that you refer satisfies the Reward Criteria, the type of Reward you are eligible to receive may depend on (i) which CODE41 membership level you were when you refered the new member, (ii) the CODE41 region associated with your CODE41 account (which may be the last location you have logged into the CODE41 application), (iii) the CODE41 region associated with the Referred Member when they apply your CODE41 Code, or (iv) other factors as determined and communicated by CODE41.
b. Earning Rewards for Referred Members New Members you refer may receive CODE41 credit upon creating their new CODE41 account (“Referral Credit”). Referral Credit is only valid for use on the CODE41 Website and is not transferable or redeemable for cash. Referral Credit may contain certain restrictions such as expiration dates or geographical use limitations which will be communicated to the new Member. All terms and conditions for the distribution and use of Referral Credit are determined by CODE41 in its sole discretion.
c. Maximum Rewards for Referred Members. The maximum amount of Referral Rewards that CODE41 will pay for Referred Members is $2,000 per week (either in cash, CODE41 credit, or a combination of the two). This maximum Referral Reward amount shall apply across all of your CODE41 accounts. You may not create multiple CODE41 accounts to circumvent the Referral Reward maximum, and CODE41 may withhold or deny any amounts above the maximum Referral Reward. CODE41 reserves the right to change this maximum amount, and it is your responsibility to review the Referral Program Rules for the current maximum limits.
d. Earning Rewards for Referred Members. When you refer a new Member to the CODE41 Platform you may be eligible for a Referral Reward if the Member is approved and satisfies the Reward Criteria. The applicable Reward Criteria varies by time, market, and promotion.
e. Maximum Rewards for Referred Members. CODE41 reserves the right to set a maximum amount of Referral Rewards you can earn per week (or any other time increment) for referring new Members to the CODE41 Website. It is your responsibility to review the Referral Program Rules for the current maximum limits.
f. Resolving Disputes over Referrals. Only one person can earn a Referral Reward for a single Referred Member. In the event that multiple persons claim credit for a particular referral, CODE41 has full discretion to determine which person earned such referral according to CODE41’s systems.
g. Reservation of rights. CODE41 reserves the right to withhold or deduct Referral Rewards or Referral Credit obtained through the Referral Program in the event that CODE41 determines or believes that the receipt of the Referral Reward or Referral Credit was in error, fraudulent, illegal, or in violation of these Referral Program Rules or any other applicable agreement between you and CODE41.

Restrictions

In connection with your participation in the Referral Program, you expressly agree to the restrictions listed below. When distributing, promoting or communicating your Referral Code(s) you agree that: a. No spamming. You agree that you will not “spam” anyone with invitations to join the CODE41 Website, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws. The following specific activities are prohibited:
  • i. Mass emailing, texting or messaging people you do not personally know;
  • ii. Use of automated systems or bots through any channel to distribute, post or respond to your Referral Code;
  • iii. Use of scripts, programed or automatic dialers to send invites or to communicate Referral Codes; and
  • iv. Posting referral codes on event or venue pages without express permission from the owner.
b. No Misrepresentations. You agree that you will not attempt to mislead anyone in connection with the Referral Program, either by affirmative representation, implication, or omission. In particular, you agree that you will not:
  • i. Impersonate any person or entity
  • ii. Create fake accounts, blogs, webpages, profiles, websites, links or messages
  • iii. Misrepresent your relationship with CODE41 or any other third party (Don’t create content or communications that could have the effect of leading a consumer to believe that it is an official communication from CODE41.
  • iv. Suggest that an affiliation or partnership exists with a third party where none exists.
  • v. Don’t make misrepresentations with respect to the characteristics or qualification requirements for any referral rewards. You acknowledge that CODE41 may change the characteristics or qualification requirements for referral rewards in its discretion, and therefore you shall not represent any fixed characteristics (e.g., amount of CODE41 credit, expiration date).
c. Prohibited content. You agree that you will not use the CODE41 brand in connection with:
  • i. Disparaging or defamatory content concerning CODE41 or third parties;
  • ii. Content which promotes racism, bigotry, hatred, discrimination or physical harm of any kind against any group or individual;
  • iii. Offensive, abusive, intimidating or harassing content
  • iv. Content that is sexually explicit, obscene and/or contains nudity
  • v. Any political and/or religious statement;
  • vi. Content containing images or reference to drugs, alcohol, tobacco, weapons or firearms
  • vii. Content that violates someone else’s privacy
d. Other restrictions. You also agree that you will not:
  • i. Specify the monetary amount of the referral code unless authorized by CODE41 in writing;
  • ii. Create websites, domains, URLs, social media handles or email addresses containing the word “CODE41”;
  • iii. Use the names or marks of CODE41 competitors
  • iv. Use images of celebrities or other public or private figures without their written consent
  • v. Use someone else’s brand name or intellectual property without their written consent (for example, referencing “Superbowl” or “Coachella” would be prohibited);
  • vi. Engage in phishing or attempting to obtain financial or other personal information
  • vii. Solicit passwords or personally identifiable information
  • viii. Sell your Referral Code. You agree that you will only distribute your CODE41 Code free of charge only for promotional purposes. You may not sell, trade, or barter your CODE41 Code under any circumstances. You may not pay or provide anything of value to an invited Member beyond any referral credit or collateral supplied by CODE41.
  • ix. Violate or infringe the rights of a third party. You will not create any CODE41 Code that infringes on the intellectual property rights of any third party. You will adhere to the License terms in any use of the CODE41 Marks.
  • x. Advertise. You agree that you will not pay to advertise your CODE41 Code or the Referral Program, including via Google, Facebook, Twitter, Bing and Craigslist.
  • xi. Create printed materials other than those authorized by CODE41 (including but not limited to: VistaPrint)
  • xii. Post printed materials on public or private property without the express written consent.
  • xiii. Engage in fraudulent activity. You agree that you and your referrals will not defraud or abuse (or attempt to defraud or abuse) CODE41, the terms of the CODE41 Referral Program, or any invited members.
If you violate any of these restrictions CODE41 may, in its discretion, remove your eligibility to participate in the Referral Program, and/or deny you any Referral Rewards earned in violation or suspected violation of these restrictions.

Other Terms

The following terms shall also apply to your participation in the Referral Program.
a. Referred Members who earn a Referral Reward for satisfying the Reward Criteria are not eligible for other purchase bonuses or sign-on guarantees.
b. Members cannot earn Referral Rewards for referring themselves.
c. In exchange for allowing you to promote your CODE41 Code online (subject to the restrictions above), you agree to include a link on any such promotion page back to CODE41’s promotion page (or such other page as CODE41 designates).
d. All CODE41 promotions run for a limited time only and are subject to change at CODE41’s discretion.

Shipping Policies

Delivery charges

We offer standard delivery prices on all orders!

Delivery times and means of transport*

*All of our products are sent via express delivery and signed for upon receipt

COUNTRY DELIVERY TIME
SWITZERLAND 1-5 working days
FRANCE 1-5 working days
EUROPE- REST OF WORLD 3-7 working days

Tax and customs

For Switzerland and the rest of Europe, our prices include VAT and customs duties.

For other countries, the prices shown exclude tax. All customs, taxes, import duties, brokerage fees and any other charges added by your local government are your responsibility. Shipping costs and taxes will not be refunded for packages refused as a result of the non-payment of VAT/duties.

Ongoing projects

  • DDP delivery (delivered duty paid) for RoW customers

Frequently Asked Questions

What is my order status?

You can find out your order status by checking your order in your customer account.

There are various statuses for each stage:

  • Payment confirmed: your payment has been received
  • Ready to process: your order is being prepared
  • Shipped: your order is being delivered
  • Completed: your order has been delivered

When will my order be delivered?

Your delivery date can be found in the order confirmation email sent to you.

You can also find it on our website by signing in to your customer account; your order status will be shown there.

See question 1 “What is my order status?” for the various possible statuses.
Once your order is ready to be dispatched, you will receive an email from us containing your tracking number.

If you are not present at the time of delivery, you can contact the courier (Colissimo, DHL or Delivengo) to request that they return at a later date.

I made a mistake in my order; can I change it?

Your order may be modified in your cart as long as payment has not been made.

Once the payment has been registered, your order is considered ready for dispatch, and any modification will require an exchange/refund process. Use the contact form or contact our teams to find the best solution for your situation.

If your order has been dispatched and you want to exchange all or part of it, the exchange will take place in the form of a refund (see general terms and conditions, ch9.11). This will take place after the return of the product and subsequent quality control (see general terms and conditions, ch9.8). You will then need to place a new order on our website to obtain your new product.

I’ve changed my mind, how can I cancel my order?

Cancellation of an order depends on its status. It could be simply cancelled or refunded according to state of preparation. Any question ? please read Conditions and Terms or contact our team with the contact form.

The watch that I have received does not meet my expectations. Can I return it?

You have access to a 30-day free return policy starting from the date you receive your purchase.

Your return request will be accepted under certain conditions:

  • The return request must be made through our website
  • The products must be new, unworn and in their original packaging

To make a return request, sign in to your customer account, click on “Orders”, then “See”, and then select the green box “I don’t like my order, I want to return it”.

A confirmation email will be sent explaining the procedure to be followed. Once your return has been accepted, you will receive a return label allowing you to send your product back to us at our expense.

Once your watch arrives at our workshop, it will undergo quality control. If it passes this check, you will be refunded within 2 to 3 working days.

Please note: Items sent directly to our offices will not be accepted, and will be sent back to you.

The watch I have received has a problem/fault, what should I do?

If you think that your watch has a problem or fault, visit our website and sign in to GUARANTEE tab in your customer account.

Leave a description of the problem along with three photos. The warranty process will then begin.

An initial analysis of your watch will be made based on this information. If this information is accepted, we will send you a confirmation email with shipping instructions, along with a return label allowing you to send the package back to us at our expense.

Once your watch has arrived at our workshop, it will be carefully inspected and analyzed. Your watch will then be repaired. In the event that the analysis shows that the problem is a result of misuse and not due to a fault, you will be contacted with a quote for the repair.

As soon as your watch has been sent back to you, you will receive an email containing your tracking number. The repair process may take between 2 and 4 weeks.

How can I adjust my strap?

Our straps are ‘one size fits all’, with a lug width of 24mm and a length suited to wrists 170 mm – 230 mm in circumference.
Our straps are interchangeable; you only have to move the metal connector at the end to attach it to the watch case.

See the GIF at the bottom of the following link:
https://code41watches.com/collections/straps/

To adjust your steel and PVD straps, we suggest that you visit your nearest jeweler/watchmaker.

Which payment methods are accepted?

Payment for your purchases can be made by debit card. Visa, MasterCard and American Express cards are accepted.
We do not offer payment facilities.

I can’t remember my password/I can’t sign in to my customer area

In the event that you forget your password, click on the option marked “Sign in/Sign up” and select “Forgotten your password?” or here.

For security reasons, you will receive an email with a link allowing you to reset your password.

Please note that this email may automatically be sent to your spam mailbox.

Others questions?

Send us a email